Oklahoma 2025 Regular Session

Oklahoma House Bill HB2014 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
3229
3330 1st Session of the 60th Legislature (2025)
3431
3532 COMMITTEE SUBSTITUTE
3633 FOR
37-HOUSE BILL NO. 2014 By: Pae and Deck of the House
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41- Frix of the Senate
34+HOUSE BILL NO. 2014 By: Pae
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4740 COMMITTEE SUBSTITUTE
4841
4942 An Act relating to civil procedure; amending 12 O.S.
5043 2021, Section 921.1, which relates to Legal Services
5144 Revolving Fund; expanding the scope of the funds for
5245 representation of indigent person 's forcible entry
5346 and detainer actions; defining term; and providing an
5447 effective date.
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5952 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6053 SECTION 1. AMENDATORY 12 O.S. 2021, Section 921.1, is
6154 amended to read as follows:
6255 Section 921.1. A. The Attorney General shall allocate funds
6356 from the Legal Services Revolving Fund to provide legal
6457 representation to indigent persons in this st ate in civil legal
6558 matters to the extent that funds are available from the Legal
6659 Services Revolving Fund. The Attorney General shall be responsible
6760 for allocating these funds pursuant to contract with eligible
61+regional or statewide organizations which ord inarily render legal
62+services to indigent persons. The Attorney General may charge an
63+administrative fee for administering the contracts. The funds shall
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95-regional or statewide organizations which ordinarily render legal
96-services to indigent persons. The Attorney General may charge an
97-administrative fee for admini stering the contracts. The funds shall
9890 be allocated for the benefit of indigent clients in all seventy -
9991 seven (77) counties of the state on a pro rata basis, utilizing an
10092 allocation formula that distributes funds according to the number of
10193 residents whose incomes are less than the official United States
10294 federal poverty guidelines, based on the United States census data,
10395 as a percentage of the total number of these residents in this state
10496 and which reserves funds for services for specialized areas of law.
10597 B. As used in this section, "eligible organization " means an
10698 entity that:
10799 1. Is organized as a not -for-profit corporation that is tax
108100 exempt pursuant to the provisions of paragraph (3) of subsection (c)
109101 of Section 501 of the United States Internal Revenue Code of 1986,
110102 as amended;
111103 2. Has as its primary purpose the furnishing of legal
112104 assistance to eligible clients;
113105 3. Has a board of director s or other governing body the
114106 majority of which is comprised of attorneys who are admitted to
115107 practice in this state and who are approved to serve on such body by
116108 the governing bodies of the state or county bar associations and has
117109 at least one-third (1/3) of the membership who, when selected, are
118110 eligible clients; and
111+4. Is incorporated pursuant to any applicable laws of this
112+state.
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146-4. Is incorporated pursuant to any applicable laws of this
147-state.
148139 C. As a condition of the contract, the organization shall be
149140 required to determine the eligibility of any person seeking le gal
150141 services pursuant to this section.
151142 D. The Attorney General shall prepare annually and distribute
152143 to the Judiciary committees of the Senate and the House of
153144 Representatives and the Legal Services Committee of the Oklahoma Bar
154145 Association a report detai ling expenditures of funds for
155146 representation to indigent persons in civil legal matters.
156147 E. Each organization that contracts to provide legal services
157148 pursuant to subsection A of this section shall maintain books and
158149 records in accordance with generally accepted accounting principles.
159150 The books and records shall account for the receipt and expenditure
160151 of all funds paid pursuant to contract. Books and records shall be
161152 maintained for a period of five (5) years from the close of the
162153 fiscal year of the cont ract period. The State Auditor and Inspector
163154 shall audit each organization annually. The necessary expense of
164155 each audit, including, but not limited to, the cost of typing,
165156 printing, and binding, shall be paid from funds of the organization.
166157 In lieu of the audit by the State Auditor and Inspector, the
167158 organization may submit an audit prepared by an independent auditing
168159 firm for compliance with federal auditing requirements. A copy of
160+the audit prepared by or submitted to the State Auditor and
161+Inspector shall be submitted to the Attorney General.
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196-the audit prepared by or submitted to the State Auditor and
197-Inspector shall be submitted to the Attorney General.
198188 F. Funds for representation of indigent persons in civil legal
199189 matters shall be limited to family law legal services with priority
200190 given to cases involving domestic and family violence and abuse and
201191 to residential tenants in actions for forcible entry and detainer,
202192 commonly known as evictions. In no event shall such funds ever be
203193 used for any of the following activities:
204194 1. Provision of legal services in a fee -generating case unless
205195 appropriate private represen tation is not available;
206196 2. Provision of legal services in any criminal proceeding;
207197 3. Provision of legal services collaterally attacking the
208198 validity of a criminal conviction;
209199 4. Provision of legal services which seek to procure an
210200 abortion;
211201 5. Provision of legal representation relating to the
212202 desegregation of any school or school system;
213203 6. Provision of legal services involving any proceeding derived
214204 from the Military Selective Service Act;
215205 7. Provision of legal services to advocate for or oppose an y
216206 altering of a legislative, judicial, or elective district at any
217207 level of government; and
218208 8. Provision of legal services to challenge a census of the
219209 United States of America.
210+G. For purposes of this section "indigent" means an income
211+level of not more than two hundred (200%) percent of the federal
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247-G. For purposes of this section "indigent" means an income
248-level of not more than two hundred (200%) percent of the federal
249238 poverty guidelines as most recently published in the Federal
250239 Register.
251240 H. There is hereby created in the State Treasury a revolving
252241 fund for the Office of the Attorney General to be designated the
253242 "Legal Services Revolving Fund ". The fund shall be a continuing
254243 fund, not subject to fiscal year limitations, and shall consist of
255244 all monies received by the Office of the Attorney General for
256245 indigent legal services from funds appropriated to the fund, federal
257246 funds, gifts, donations, and grants. All monies accruing to the
258247 credit of said fund are hereby appropriated and may be budgeted and
259248 expended by the Attorney General for the purpose of providing legal
260249 services to indigent clients pursuant to the provisions of this
261250 section. Expenditures from said fund shall be made upon warrants
262251 issued by the State Treasurer against claims filed as prescribed by
263252 law with the Director of the Office of Management and Enterprise
264253 Services for approval and payment.
265254 SECTION 2. This act shall become effective November 1, 2025.
266255
267-COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
268-03/06/2025 - DO PASS, As Amended and Coauthored.
256+60-1-13248 JM 03/06/25
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