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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2014 By: Pae and Deck of the House
and
Frix of the Senate
COMMITTEE SUBSTITUTE
An Act relating to civil procedure; amending 12 O.S.
2021, Section 921.1, which relates to Legal Services
Revolving Fund; expanding the scope of the funds for
representation of indigent person's forcible entry
and detainer actions; defining term; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 921.1, is
amended to read as follows:
Section 921.1. A. The Attorney General shall allocate funds
from the Legal Services Revolving Fund to provide legal
representation to indigent persons in this state in civil legal
matters to the extent that funds are available from the Legal
Services Revolving Fund. The Attorney General shall be responsible
for allocating these funds pursuant to contract with eligible
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regional or statewide organizations which ordinarily render legal
services to indigent persons. The Attorney General may charge an
administrative fee for admini stering the contracts. The funds shall
be allocated for the benefit of indigent clients in all seventy -
seven (77) counties of the state on a pro rata basis, utilizing an
allocation formula that distributes funds according to the number of
residents whose incomes are less than the official United Sta tes
federal poverty guidelines, based on the United States census data,
as a percentage of the total number of these residents in this state
and which reserves funds for services for specialized areas of law.
B. As used in this section, "eligible organiza tion" means an
entity that:
1. Is organized as a not -for-profit corporation that is tax
exempt pursuant to the provisions of paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code of 1986,
as amended;
2. Has as its primary purpose the furnishing of legal
assistance to eligible clients;
3. Has a board of directors or other governing body the
majority of which is comprised of attorneys who are admitted to
practice in this state and who are approved to serve on such body b y
the governing bodies of the state or county bar associations and has
at least one-third (1/3) of the membership who, when selected, are
eligible clients; and
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4. Is incorporated pursuant to any applicable laws of this
state.
C. As a condition of the con tract, the organization shall be
required to determine the eligibility of any person seeking legal
services pursuant to this section.
D. The Attorney General shall prepare annually and distribute
to the Judiciary committees of the Senate and the House of
Representatives and the Legal Services Committee of the Oklahoma Bar
Association a report detailing expenditures of funds for
representation to indigent persons in civil legal matters.
E. Each organization that contracts to provide legal services
pursuant to subsection A of this section shall maintain books and
records in accordance with generally accepted accounting principles.
The books and records shall account for the receipt and expenditure
of all funds paid pursuant to contract. Books and records s hall be
maintained for a period of five (5) years from the close of the
fiscal year of the contract period. The State Auditor and Inspector
shall audit each organization annually. The necessary expense of
each audit, including, but not limited to, the co st of typing,
printing, and binding, shall be paid from funds of the organization.
In lieu of the audit by the State Auditor and Inspector, the
organization may submit an audit prepared by an independent auditi ng
firm for compliance with federal auditing requirements. A copy of
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the audit prepared by or submitted to the State Auditor and
Inspector shall be submitted to the Attorney General.
F. Funds for representation of indigent persons in civil legal
matters shall be limited to family law legal services with priority
given to cases involving domestic and family violence and abuse and
to residential tenants in actions for forcible entry and detainer,
commonly known as evictions . In no event shall such funds ev er be
used for any of the following activitie s:
1. Provision of legal services in a fee -generating case unless
appropriate private representation is not available;
2. Provision of legal services in any criminal proceeding;
3. Provision of legal services collaterally attacking the
validity of a criminal conviction;
4. Provision of legal services which seek to procure an
abortion;
5. Provision of legal representation relating to the
desegregation of any school or school system;
6. Provision of legal ser vices involving any proceeding derived
from the Military Selective Service Act;
7. Provision of legal services to advocate for or oppose any
altering of a legislative, judicial, or elective district at any
level of government; and
8. Provision of legal services to challenge a census of the
United States of America.
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G. For purposes of this section "indigent" means an income
level of not more than two hundred (200%) percent of the federal
poverty guidelines as most recently published in the Federal
Register.
H. There is hereby created in the State T reasury a revolving
fund for the Office of the Attorney General to be designated the
"Legal Services Revolving Fund". The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Office of th e Attorney General for
indigent legal services from funds appropriated to the fund, federal
funds, gifts, donations, and grants. All monies accruing to the
credit of said fund are hereby appropriated and may be budgeted and
expended by the Attorney Genera l for the purpose of providing legal
services to indigent clients pursuant to the provisions of this
section. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
03/06/2025 - DO PASS, As Amended and Coauthored.