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46 | 39 | | |
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47 | 40 | | COMMITTEE SUBSTITUTE |
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48 | 41 | | |
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49 | 42 | | An Act relating to civil procedure; amending 12 O.S. |
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50 | 43 | | 2021, Section 921.1, which relates to Legal Services |
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51 | 44 | | Revolving Fund; expanding the scope of the funds for |
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52 | 45 | | representation of indigent person 's forcible entry |
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53 | 46 | | and detainer actions; defining term; and providing an |
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54 | 47 | | effective date. |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. AMENDATORY 12 O.S. 2021, Section 921.1, is |
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61 | 54 | | amended to read as follows: |
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62 | 55 | | Section 921.1. A. The Attorney General shall allocate funds |
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63 | 56 | | from the Legal Services Revolving Fund to provide legal |
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64 | 57 | | representation to indigent persons in this st ate in civil legal |
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65 | 58 | | matters to the extent that funds are available from the Legal |
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66 | 59 | | Services Revolving Fund. The Attorney General shall be responsible |
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67 | 60 | | for allocating these funds pursuant to contract with eligible |
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98 | 90 | | be allocated for the benefit of indigent clients in all seventy - |
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99 | 91 | | seven (77) counties of the state on a pro rata basis, utilizing an |
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100 | 92 | | allocation formula that distributes funds according to the number of |
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101 | 93 | | residents whose incomes are less than the official United States |
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102 | 94 | | federal poverty guidelines, based on the United States census data, |
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103 | 95 | | as a percentage of the total number of these residents in this state |
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104 | 96 | | and which reserves funds for services for specialized areas of law. |
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105 | 97 | | B. As used in this section, "eligible organization " means an |
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106 | 98 | | entity that: |
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107 | 99 | | 1. Is organized as a not -for-profit corporation that is tax |
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108 | 100 | | exempt pursuant to the provisions of paragraph (3) of subsection (c) |
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109 | 101 | | of Section 501 of the United States Internal Revenue Code of 1986, |
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110 | 102 | | as amended; |
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111 | 103 | | 2. Has as its primary purpose the furnishing of legal |
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112 | 104 | | assistance to eligible clients; |
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113 | 105 | | 3. Has a board of director s or other governing body the |
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114 | 106 | | majority of which is comprised of attorneys who are admitted to |
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115 | 107 | | practice in this state and who are approved to serve on such body by |
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116 | 108 | | the governing bodies of the state or county bar associations and has |
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117 | 109 | | at least one-third (1/3) of the membership who, when selected, are |
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118 | 110 | | eligible clients; and |
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148 | 139 | | C. As a condition of the contract, the organization shall be |
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149 | 140 | | required to determine the eligibility of any person seeking le gal |
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150 | 141 | | services pursuant to this section. |
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151 | 142 | | D. The Attorney General shall prepare annually and distribute |
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152 | 143 | | to the Judiciary committees of the Senate and the House of |
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153 | 144 | | Representatives and the Legal Services Committee of the Oklahoma Bar |
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154 | 145 | | Association a report detai ling expenditures of funds for |
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155 | 146 | | representation to indigent persons in civil legal matters. |
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156 | 147 | | E. Each organization that contracts to provide legal services |
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157 | 148 | | pursuant to subsection A of this section shall maintain books and |
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158 | 149 | | records in accordance with generally accepted accounting principles. |
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159 | 150 | | The books and records shall account for the receipt and expenditure |
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160 | 151 | | of all funds paid pursuant to contract. Books and records shall be |
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161 | 152 | | maintained for a period of five (5) years from the close of the |
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162 | 153 | | fiscal year of the cont ract period. The State Auditor and Inspector |
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163 | 154 | | shall audit each organization annually. The necessary expense of |
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164 | 155 | | each audit, including, but not limited to, the cost of typing, |
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165 | 156 | | printing, and binding, shall be paid from funds of the organization. |
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166 | 157 | | In lieu of the audit by the State Auditor and Inspector, the |
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167 | 158 | | organization may submit an audit prepared by an independent auditing |
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168 | 159 | | firm for compliance with federal auditing requirements. A copy of |
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198 | 188 | | F. Funds for representation of indigent persons in civil legal |
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199 | 189 | | matters shall be limited to family law legal services with priority |
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200 | 190 | | given to cases involving domestic and family violence and abuse and |
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201 | 191 | | to residential tenants in actions for forcible entry and detainer, |
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202 | 192 | | commonly known as evictions. In no event shall such funds ever be |
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203 | 193 | | used for any of the following activities: |
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204 | 194 | | 1. Provision of legal services in a fee -generating case unless |
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205 | 195 | | appropriate private represen tation is not available; |
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206 | 196 | | 2. Provision of legal services in any criminal proceeding; |
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207 | 197 | | 3. Provision of legal services collaterally attacking the |
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208 | 198 | | validity of a criminal conviction; |
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209 | 199 | | 4. Provision of legal services which seek to procure an |
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210 | 200 | | abortion; |
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211 | 201 | | 5. Provision of legal representation relating to the |
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212 | 202 | | desegregation of any school or school system; |
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213 | 203 | | 6. Provision of legal services involving any proceeding derived |
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214 | 204 | | from the Military Selective Service Act; |
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215 | 205 | | 7. Provision of legal services to advocate for or oppose an y |
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216 | 206 | | altering of a legislative, judicial, or elective district at any |
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217 | 207 | | level of government; and |
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218 | 208 | | 8. Provision of legal services to challenge a census of the |
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219 | 209 | | United States of America. |
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249 | 238 | | poverty guidelines as most recently published in the Federal |
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250 | 239 | | Register. |
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251 | 240 | | H. There is hereby created in the State Treasury a revolving |
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252 | 241 | | fund for the Office of the Attorney General to be designated the |
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253 | 242 | | "Legal Services Revolving Fund ". The fund shall be a continuing |
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254 | 243 | | fund, not subject to fiscal year limitations, and shall consist of |
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255 | 244 | | all monies received by the Office of the Attorney General for |
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256 | 245 | | indigent legal services from funds appropriated to the fund, federal |
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257 | 246 | | funds, gifts, donations, and grants. All monies accruing to the |
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258 | 247 | | credit of said fund are hereby appropriated and may be budgeted and |
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259 | 248 | | expended by the Attorney General for the purpose of providing legal |
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260 | 249 | | services to indigent clients pursuant to the provisions of this |
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261 | 250 | | section. Expenditures from said fund shall be made upon warrants |
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262 | 251 | | issued by the State Treasurer against claims filed as prescribed by |
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263 | 252 | | law with the Director of the Office of Management and Enterprise |
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264 | 253 | | Services for approval and payment. |
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265 | 254 | | SECTION 2. This act shall become effective November 1, 2025. |
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266 | 255 | | |
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