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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 276 By: Rader
AS INTRODUCED
An Act relating to law libraries; amending 20 O.S.
2021, Sections 1224 and 1226, which relate to Law
Library Fund; requiring vote by board of trustees in
certain counties for transmission of certain funds;
modifying requirements for certain transfers;
amending 28 O.S. 2021, Section 152, as amended by
Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp.
2024, Section 152), which relates to civi l court flat
fee schedule; modifying certain assessments; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1224, is
amended to read as follows:
Section 1224. On August 1 each year :
1. the The board of trustees of a county having a population of
less than five hundred thousand (500,000 ) according to the latest
Federal Decennial Census shall transmit to the Sup reme Court for
deposit in the State Judicial Revolving Fund all funds on depos it in
the law library fund Law Library Fund in excess of twenty-five
percent (25%) of the income to such Fund fund during the preceding
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fiscal year, the existing surplus on hand on the effective date of
this act being excluded ; and
2. The board of trustees of a county having a population of
five hundred thousand (500,000) or more according to the latest
Federal Decennial Census shall vote whether to retain all funds on
deposit in the Law Library Fund in excess of twenty -five percent
(25%) of the income to such fund during the preceding fiscal year or
authorize the same, in whole or in part, to be transmitted to the
Supreme Court for deposit in the State Judicial Revolving Fund .
SECTION 2. AMENDATORY 20 O.S. 2021, Section 1226, is
amended to read as follows:
Section 1226. A. At the request of the board of trustees of
the law library in a county having a population of three hundred
thousand (300,000) or mo re, the presiding judge of an administrative
district, with the approval of th e Chief Justice of the Supreme
Court, shall be authorized to transfer up to Ten Thousand Dollars
($10,000.00) per fiscal year from the court fund of the county in
which the law library is located to the Law Library Fund of that
county.
B. In counties having a population of less than three hundred
thousand (300,000) five hundred thousand (500, 000), the court fund
of the county in which a law library is located shall annually
transfer to the Law Library Revolving Fund the following amounts:
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1. In counties having a population of less than ten thousand
(10,000), the sum of Five Thousand Dollars ($5,000.00); and
2. In counties having a population of ten thousand (10,000) or
more, but less than thirty thousand (30,000), the sum of Seven
Thousand Dollars ($7,000.00); and
3. In counties having a population of thirty thousand (30,000)
or more, but less than three hundred thousand (300,000) five hundred
thousand (500,000), the sum of Nine Thousand Dollars ($9,000.00).
SECTION 3. AMENDATORY 28 O.S. 2021, Section 152, as
amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 202 4,
Section 152), is amended to read as follows:
Section 152. A. In any civil cas e filed in a district court,
the court clerk shall collect, at the time of filing, the following
flat fees, none of which shall ever be refundable, and which shall
be the only charge for court costs, except as is otherwise
specifically provided for by law:
1. Actions for divorce, alimony without divorce,
separate maintenance, custo dy or support...................... $183.00
2. Any ancillary proceeding to modify or vacate
a divorce decree providing for custody or support ..............$43.00
3. Probate and guardianship .............................. $135.00
4. Annual guardianship report............................. $33.00
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5. Any proceeding for sale or lease of real or
personal property or mineral interest in probate or
guardianship................................ ...................$43.00
6. Any proceeding to revoke the probate of a
will................................ ........................... $43.00
7. Judicial determination of death ........................ $58.00
8. Adoption................................ ..............$105.00
9. Civil actions for an amount of Ten Thousand
Dollars ($10,000.00) or less and condemnation .................$150.00
10. Civil actions for an amount of Ten Thousand
One Dollars ($10,001.00) or more ............................. $163.00
11. Garnishment................................ ...........$23.00
12. Continuing wage garnish ment........................... $63.00
13. Any other proceeding after judgment ...................$33.00
14. All others, including but not limited to ,
actions for forcible entry and detainer, judgments
from all other courts, including the Workers ’
Compensation Court................................ .............$85.00
15. Notice of renewal of judgment......................... $23.00
B. In addition to the amounts collected pursuant to paragraph s
1, 3, 7, 8, 9, 10, and 14 of subsection A of this section ,:
1. In counties having a population of less than five hundred
thousand (500,000) according to the latest Federal Decennial Census,
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the sum of Six Dollars ($6.00) shall be assessed and credited to the
Law Library Fund; and
2. In counties having a population of five hundred thousand
(500,000) or more according to the latest Federal Decennial Census,
the sum of Twelve Dol lars ($12.00) shall be assessed and credited to
the Law Library Fund pursuant to Section 1201 et seq. of Title 20 of
the Oklahoma Statutes .
C. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty -five Dollars ($25.00)
shall be assessed and credited to the Oklahoma Court Information
System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
D. In addition to the amounts collected pursuant to subsection
A of this section, t he sum of Five Dollars ($5.00) shall be assessed
and credited to the Oklahoma court-appointed special advocates
(OCASA).
E. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Two Dollars ($2.00) shall be assessed
and credited as follows:
1. One Dollar and fifty -five cents ($1.55) of such amount shall
be credited to the Council on Judicial Complaints Revolving Fund;
and
2. Forty-five cents ($0.45) of such amount shall be credited to
the Supreme Court Revolving Fund a nd may be budgeted and expended by
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the Supreme Court for expenses lawfully inc urred for providing
qualified courtroom interpreter services in the district courts, for
credentialing and training Oklahoma courtroom interpreters, and for
any other expenditure s determined by the Supreme Court to be
necessary to provide language access in the district courts as
required by state and federal law. Payments of expenses may be made
after the claim or expense is approved by the Chief Justice of the
Supreme Court or another justice designated by the Chief Justice.
F. In addition to the amount s collected pursuant to paragraphs
1, 3, 8, 9, 10, and 14 of subsection A of this section, each county
may assess, upon approval by the board of county commissioners, a
sum not to exceed Ten Dollars ($10.00) per case to be credited to
the Sheriff’s Service Fee Account in the county in which the action
arose for the purpose of enhancing existing or providing additional
courthouse security.
G. Until November 1, 2027, in addition to the amounts collected
pursuant to subsection A of this section, the sum of Te n Dollars
($10.00) shall be assessed and credited to the Court Clerk ’s Records
Management and Preservation Fund created in Section 31.3 of this
title.
H. In any case in which a litigant claims to have a just cause
of action and that, by reason of poverty, the litigant is unable to
pay the fees and costs provided for in this section and is
financially unable to employ counsel, upon the filing of an
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affidavit in forma pauperis exec uted before any officer authorized
by law to administer oaths to that effect a nd upon satisfactory
showing to the court that the litigant has no means and is,
therefore, unable to pay the applicable fees and costs and to employ
counsel, no fees or costs sh all be required. The opposing party or
parties may file with the court clerk of the court having
jurisdiction of the cause an affidavit similarly executed
contradicting the allegation of poverty. In all such cases, the
court shall promptly set for hearin g the determination of
eligibility to litigate without payment of fees or cost s. Until a
final order is entered determining that the affiant is ineligible,
the clerk shall permit the affiant to litigate without payment of
fees or costs. Any litigant exec uting a false affidavit or counter
affidavit pursuant to the provisions of this section shall be guilty
of perjury.
I. Payments to the court clerk for fees and costs assessed
pursuant to this section may be made by a nationally recognized
credit or debit card or other electronic payment method as provided
in paragraph 1 of subsecti on B of Section 151 of this title.
SECTION 4. This act shall become effective November 1, 2025.
60-1-481 CC 12/30/2024 8:58:37 PM