Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB632 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 632 Page 1 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 632 By: Paxton of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	March 5, 2025
	31	+	AS AMENDED
	32	+
	33	+	SENATE BILL NO. 632 By: Paxton of the Senate
30	34
31	35		and
32	36
33	37		Hilbert of the House
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38	43		[ business courts - salary - exception - secretary-
39	44		bailiff - appointment – qualifications -
40	45		reappointment - oath - vacancies - authority and
41	46		jurisdiction - claims - transfer - removal -
42	47		procedures - time limitation - extension -
43	48		codification - effective date ]
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50	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	56		SECTION 1. AMENDATORY 20 O.S. 2021, Section 91.7, is
52	57		amended to read as follows:
53	58		Section 91.7. A. The Oklahoma Legislature finds that, due to
54	59		the complex nature of litigation involving highly technical
55	60		commercial issues, there is a need for a court in Oklahoma ’s most
56	61		populated counties wit h specific jurisdiction over actions involving
57	62		such commercial issues.
58	63		B. The Supreme Court is authorized to create There is hereby
59	64		created a business court division within the district court of any
60	65		judicial district containing a municipality county with a population
61		-	in excess of three hundred thousand (300,000) five hundred thousand
62		-	(500,000), according to the latest Federal Decennial Census.
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	93	+	in excess of three hundred thousand (300,000) five hundred thousand
	94	+	(500,000), according to the latest Federal Decennial Census.
89	95		C. The Supreme Court shall promulgate rules for the
90	96		establishment and jurisdiction of the Each business court divisions
91	97		division created shall be categorized and named numerically.
92	98		Business Court Division I shall be located in Oklahoma County and
93	99		quartered in Oklahoma City at the Court of Civil Appeals . Business
94	100		Court Division II shall be located in Tulsa County and quartered in
95	101		Tulsa at the Court of Civil Appeals .
96	102		SECTION 2. AMENDATORY 20 O.S. 2021, Section 92.1A, is
97	103		amended to read as follows:
98	104		Section 92.1A. For fiscal year 2021 and each fiscal year
99	105		thereafter, except as otherwise provid ed by the Board on Judicial
100	106		Compensation after the effective date of this act April 28, 2021,
101	107		the following judicial officers shall r eceive compensation for their
102	108		services, payable monthly as follows:
103	109		1. A judge of the district court shall receive an annu al salary
104	110		of One Hundred Forty -five Thousand Five Hundred Sixty -seven Dollars
105	111		($145,567.00);
106	112		2. An associate district judge shall receive an annual salary
107	113		of One Hundred Thirty -four Thousand Two Hundred Sixty -one Dollars
108	114		($134,261.00); and
109		-	3. A special judge shall receive an annual salary of One
110		-	Hundred Twenty-two Thousand Nine Hundred Fifty -four Dollars
111		-	($122,954.00); and
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	142	+	3. A special judge shall receive an annual salary of One
	143	+	Hundred Twenty-two Thousand Nine Hundred Fifty -four Dollars
	144	+	($122,954.00); and
138	145		4. A business court judge shall receive an annual salary equal
139	146		to that of a United States district court judge.
140	147		SECTION 3. AMENDATORY 20 O.S. 2021, Section 95.1, is
141	148		amended to read as follows:
142	149		Section 95.1. A. Unless and until the Supreme Court or the
143	150		Presiding Judge presiding judge of the judicial administrative
144	151		district provides otherwise, and excluding any business courts
145	152		established pursuant to Section 91.7 of this title, the District
146	153		Court district court shall hold court in the county seat of every
147	154		county in the district, in any city where a Superior Court superior
148	155		court held sessions and at such other pl aces within the district as
149	156		the district and associate district judges shall prescribe.
150	157		B. If a governing board of the Court Fund court fund receives a
151	158		request from a municipality that court be held within that
152	159		municipality and the board determines that s ufficient reasons exist
153	160		for establishing a court and that sufficient funds and space for a
154	161		court are made available by the municipali ty, the board may
155	162		establish a court, presided over by a special judge, in that
156	163		municipality. The request to hold court in a municipality shall be
157	164		included in the budget submitted by the governing board of the Court
158		-	Fund court fund to the Chief Justice of the Supreme Court and
159		-	approved by the Chief Justice.
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	192	+	Fund court fund to the Chief Justice of the Supreme Court and
	193	+	approved by the Chief Justice.
186	194		SECTION 4. AMENDATORY 20 O.S. 2021, Section 125, as
187	195		amended by Section 2, Chapter 271, O.S.L. 2022 (20 O.S. Supp. 2024,
188	196		Section 125), is amended to read as follows:
189	197		Section 125. A. In all counties of the state there is created
190	198		the office of secretary -bailiff for district judges and associate
191	199		district judges, and a secretary-bailiff for business court judges,
192	200		with each such secretary -bailiff to be appointed by order of the
193	201		district judge, or associate district judge , or business court judge
194	202		to serve at the will of the appointing judge as an unclassi fied
195	203		employee of the state exempt from the provisions of the Oklahoma
196	204		Merit System of Personnel Administration. The Chief Justice sh all
197	205		approve by administrative directive the number and assignments of
198	206		secretary-bailiffs in all counties of the state. Eac h secretary-
199	207		bailiff shall be paid a salary pursuant to the salary schedule
200	208		established by the annual appropriation for the district courts and
201	209		in accordance with the job description for the position to which
202	210		appointed. For fiscal year 2023 and each fiscal year thereafter,
203	211		each secretary-bailiff shall receive an annual salary of Forty -two
204	212		Thousand Dollars ($42,000.00). In every county of the state each
205	213		district judge and each associate district judge , including business
206	214		court judges in counties with a business court division, may by
207	215		order appoint additional necessary court personnel subject to the
208		-	approval of the Chief Justice. A part -time bailiff shall be paid
209		-	out of the court fund of the county where appointed at the rate set
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	243	+	approval of the Chief Justice. A part -time bailiff shall be paid
	244	+	out of the court fund of the county where appointed at the rate set
236	245		by administrative directive for each hour that such person actually
237	246		attends the court and performs services, or a pro rata fraction
238	247		thereof for less than an hour of service. Notwithstanding any other
239	248		provision of law, each district judge and associate district judge
240	249		may contract with the sheriff of the county to allow a deputy
241	250		sheriff to provide bailiff service to the court.
242	251		B. With the approval of the presiding judge, a special judge
243	252		may appoint a secretary -bailiff or other personnel in accordance
244	253		with the administrative order of t he Chief Justice.
245	254		C. No judge shall engage more than one full -time secretary-
246	255		bailiff at any given time except only during the progre ss of a jury
247	256		trial, when a part-time bailiff may be engaged subject to the
248	257		approval of the Chief Justice. In the latter ev ent, no more than
249	258		one additional bailiff shall be engaged to take charge of the jury.
250	259		The costs of meals and lodging of bailiffs ordered to keep a jury
251	260		together during the process of a trial or after the jury retires for
252	261		deliberation shall be lawfully pai d from the court fund.
253	262		D. A district judge who sits regularly in more than one county
254	263		may employ only one full -time secretary-bailiff in the judicial
255	264		district of the judge, and in any other county of the district the
256	265		judge may engage a bailiff only on a p art-time basis when such judge
257	266		sits in the county as a judge pursuant to the procedures set forth
258		-	by the Chief Justice in the administrative directive. The cost of
259		-	the operation of the office of a district judge of a multi -county
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	294	+	by the Chief Justice in the administrative directive. The cost of
	295	+	the operation of the office of a district judge of a multi -county
286	296		judicial district, includ ing the purchase of equipment and supplies,
287	297		may be apportioned among the counties of that judicial district, or
288	298		appropriate division of that district, based upon the percentage of
289	299		revenue collected by the courts of the district.
290	300		E. The Administrative Dire ctor of the Courts shall develop and
291	301		promulgate job descriptions, salary schedules and time -keeping forms
292	302		for part-time bailiff personnel. The Chief Justice of the Oklahoma
293	303		Supreme Court, through the Office of the Administrative Director of
294	304		the Courts, shall promulgate rules for the compensation for overtime
295	305		for all secretary-bailiff and part-time bailiff personnel employed.
296	306		F. Persons employed by a county that does not meet the
297	307		requirements of Section 951 of Title 19 of the Oklahoma Statutes,
298	308		and who serve as full-time secretary-bailiffs or full-time bailiffs
299	309		shall be eligible to participate in the state retirement system and
300	310		state insurance programs and any other benefits as are provided to
301	311		state employees in the unclassified service. All part -time bailiff
302	312		personnel shall be compensated by the local court fund.
303	313		G. On October 1, 1989, the position of full -time bailiff shall
304	314		be redesignated as the position of secretary -bailiff in accordance
305	315		with the job descriptions, salary schedules, and procedures appro ved
306	316		by the Chief Justice. Additional secretary -bailiff positions shall
307	317		be created as funding and employee positions are available.
308		-	Counties shall be allowed to provide additional support personnel to
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	345	+	Counties shall be allowed to provide additional support personnel to
335	346		the judges sitting in such counties to the extent that funding is
336	347		available.
337	348		H. Any secretary-bailiff, who is CLEET-certified certified by
338	349		the Council on Law Enforcement Education and Tr aining (CLEET) as a
339	350		basic peace officer, shall have and exercise all the powers and
340	351		authority of a peace officer. The Offi ce of the Administrative
341	352		Director of the Courts shall promulgate rules which prescribe the
342	353		duties for all CLEET -certified secretary-bailiffs. The provisions
343	354		of this subsection will not entitle a CLEET -certified secretary-
344	355		bailiff to participate in the Okla homa Police Pension and Retirement
345	356		System.
346	357		SECTION 5. NEW LAW A new section of law to be codified
347	358		in the Oklahoma Statutes as Section 91.7b of Title 20, unless there
348	359		is created a duplication in numbering, reads as follows:
349	360		A. 1. Each business court shall consist of one business court
350	361		judge to be appointed by the Governor.
351	362		2. A business court judge shall have the following
352	363		qualifications:
353	364		a. at least thirty-five (35) years of age,
354	365		b. United States citizen ,
355	366		c. a licensed attorney in good standing in this state
356	367		with ten (10) or more years of experience in:
357	368		(1) practicing complex civil business litigation ,
358		-	(2) practicing business transaction law ,
359	369
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	396	+	(2) practicing business transaction law ,
385	397		(3) serving as a judge of a court in this state with
386	398		civil jurisdiction, and hearing a sub stantial
387	399		number of civil cases , or
388	400		(4) any combination of experience totaling ten (10)
389	401		years as described by divisions 1 through 3 of
390	402		this subparagraph.
391	403		B. 1. Beginning on the effective date of this act, a business
392	404		court judge shall serve for a term of six (6) years. A business
393	405		court judge may be reappointed. A business court judge shall take
394	406		the constitutional oath of office requir ed of appointed officers of
395	407		this state and file the oath with the Secretary of State.
396	408		2. If a vacancy occurs in an office of a business court judge,
397	409		the Governor shall appoint, in the same manner as the original
398	410		appointment, another person to serve for the remainder of the
399	411		unexpired term.
400	412		3. In the event that the docket of a business court judge
401	413		exceeds reasonable capacity, a district court judge may sit in
402	414		designation temporarily as a business court judge to assist in
403	415		caseload management. The designated district court judge shall have
404	416		the same authority as the business court judge in relation to the
405	417		cases assigned to them d uring such designation.
406		-	SECTION 6. NEW LAW A new section of law to be codified
407		-	in the Oklahoma Statutes as Section 91.7c of Title 20, unless there
408		-	is created a duplication in numbering, reads as follows:
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	445	+	SECTION 6. NEW LAW A new section of law to be codified
	446	+	in the Oklahoma Statutes as Section 91.7c of Title 20, unless there
	447	+	is created a duplication in numbering, reads as follows:
435	448		A. When a business court di vision is created pursuant to
436	449		Section 91.7 of Title 20 of the Oklahoma Statutes, certain cases,
437	450		excluding arbitration cases, filed on or after January 1, 2026, may
438	451		be assigned to the business court docket. The business court shall
439	452		have the power to grant any relief that may be granted by a district
440	453		court and may exercise concurrent jurisdiction and the powers of a
441	454		court of equity, to the extent that such powers are exercised .
442	455		Notwithstanding the amount in controversy, where equitable relief is
443	456		requested in a business dispute , a business court may hear an
444	457		action:
445	458		1. Arising under the Uniform Arbitration Act , Section 1851 et
446	459		seq. of Title 12 of the Oklahoma Statutes;
447	460		2. Arising under the Uniform Commercial Code, Section 1 -101 et
448	461		seq. of Title 12A of the Ok lahoma Statutes;
449	462		3. Arising under the Oklahoma General Corporation Act, Section
450	463		1001 et seq. of Title 18 of the Oklahoma Statutes;
451	464		4. Arising under the Oklahoma Limited Liability Company Act,
452	465		Section 2000 et seq. of Title 18 of the Oklahoma Statutes;
453	466		5. Arising under the Oklahoma Revised Uniform Partnership Act,
454	467		Section 1-100 et seq. of Title 54 of the Oklahoma Statutes;
455		-	6. Arising under the Uniform Limited Partnership Act of 2010,
456		-	Section 500-101A et seq. of Title 54 of the Oklahoma Statutes;
457		-	7. Arising under the Oklahoma Uniform Securiti es Act of 2004,
458		-	Section 1-101 et seq. of Title 71 of the Oklahoma Statutes;
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	495	+	6. Arising under the Uniform Limited Partnership Act of 2010,
	496	+	Section 500-101A et seq. of Title 54 of the Oklahoma Statutes;
	497	+	7. Arising under the Oklahoma Uniform Securities Act of 2004,
	498	+	Section 1-101 et seq. of Title 71 of the Oklahoma Statutes;
485	499		8. Arising under the Uniform Trade Secrets Act, Section 85 et
486	500		seq. of Title 78 of the Oklahoma Statutes;
487	501		9. Shareholder and unitholder derivative actions;
488	502		10. That relates to the internal affairs of businesses
489	503		including, but not limited to, rights or obligations between o r
490	504		among business participants regarding the liability or indemnity of
491	505		business participants, officers, directors, managers, trustees,
492	506		controlling shareholders or members, or partners;
493	507		11. Where the complaint includes a professional malpractice
494	508		claim arising out of a business dispute;
495	509		12. Involving tort claims between or among two or more business
496	510		entities or individuals as t o their business or investment
497	511		activities relating to contracts, transactions, or relationships
498	512		between or among such entities or ind ividuals;
499	513		13. For breach of contract, fraud, or misrepresentation between
500	514		businesses arising out of business transactions or relationships;
501	515		14. Arising from e-commerce agreements, technology licensing
502	516		agreements including, but not limited to, software and biotechnology
503	517		license agreements, or any other agreement involving the licensing
504		-	of any intellectual property right including, but not limited to, an
505		-	agreement relating to patent rights; and
506		-	15. Involving commercial real property .
507		-	B. In an action where any other relief is requested, the amount
508		-	in controversy shall be at least:
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	545	+	of any intellectual property right inclu ding, but not limited to, an
	546	+	agreement relating to patent rights; and
	547	+	15. Involving commercial real property .
	548	+	B. In an action where any other relief is requested, the amount
	549	+	in controversy shall be at least:
535	550		1. Two Hundred Fifty Thousand Dollars ($250,000.00) for claims
536	551		under subsection A of this section ; or
537	552		2. Five Hundred Thousand Dollars ($500,000.00) for claims in
538	553		complex cases as defined in subsection C of this section .
539	554		C. The business court shall have jurisdiction to hear complex
540	555		cases. For purposes of this act, “complex case” means an action
541	556		that requires exceptional judicial management to avoid placing
542	557		unnecessary burdens o n the court or the litigants and to expedite
543	558		the case, keep costs reasonable, and promote effective decision -
544	559		making by the court, the parties, and counsel. In deciding whether
545	560		an action is a complex case, the court shall consider factors
546	561		including, but not limited to, whether the action is likely to
547	562		involve:
548	563		1. Numerous hearings, and pretrial and dispositive motions
549	564		raising difficult or novel legal issues that will be time -consuming
550	565		to resolve;
551	566		2. Management of a large number of witnesses or a substantia l
552	567		amount of documentary evidence;
553		-	3. Management of a large number of separately represented
554		-	parties;
555		-	4. Multiple expert witnesses;
556		-	5. Coordination with relate d actions pending in one or more
557		-	courts in other counties, states, or countries, or in a federal
558		-	court;
559	568
560		-	ENGR. S. B. NO. 632 Page 12 1
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584	594
	595	+	3. Management of a large number of separately represented
	596	+	parties;
	597	+	4. Multiple expert witnesses;
	598	+	5. Coordination with related actions pending in one or more
	599	+	courts in other counties, states, or countries, or in a federal
	600	+	court;
585	601		6. Substantial post-judgment judicial supervision; or
586	602		7. Legal or technical issues of complexity.
587	603		D. An action is provisionally a complex case if it involves one
588	604		or more of the following types of claims:
589	605		1. Antitrust or trade regulation claims ;
590	606		2. Intellectual property matters including, but not limited to,
591	607		trade secrets, copyrights, and patents;
592	608		3. Construction defect claims involving many parties or
593	609		structures;
594	610		4. Securities claims or investment losses involving many
595	611		parties;
596	612		5. Environmental or toxic tort claims involving many parties;
597	613		6. Product liability claims;
598	614		7. Mass tort claims ;
599	615		8. Class actions;
600	616		9. Ownership or control of business claims; or
601	617		10. Insurance coverage claims.
602		-	E. Except as provided by subsection D of this section, the
603		-	business court shall have supplemental jurisdiction over any other
604		-	claim related to a case or controversy within the court ’s
605		-	jurisdiction that forms part of the same case or controversy. If a
606		-	party objects to the business court ’s supplemental jurisdiction over
607		-	other claims, the business court judge may remand those claims to
608		-	the district court.
609	618
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634	644
	645	+	E. Except as provided by subsection D of this section, the
	646	+	business court shall have supplemental jurisdiction over any other
	647	+	claim related to a case or controversy within the c ourt’s
	648	+	jurisdiction that forms part of the same case or controversy. If a
	649	+	party objects to the business court ’s supplemental jurisdiction over
	650	+	other claims, the business court judge may remand those claims to
	651	+	the district court.
635	652		SECTION 7. NEW LAW A new section of law to be codified
636	653		in the Oklahoma Statutes as Section 91.7d of Title 20, unless there
637	654		is created a duplication in numbering, reads as follows:
638	655		A. Except as provided in subsection B of this section, actions
639	656		shall be brought before the business court as follows:
640	657		1. An action within the jurisdiction of the business court may
641	658		be filed in the business court. The filing party shall plead facts
642	659		sufficient to establish venue in a county in a division of the
643	660		business court. Venue may be established as provided by law or, if
644	661		a written contract specifies a county as venue for the action, as
645	662		provided by the contract;
646	663		2. If the business court determines it does not have
647	664		jurisdiction over the action, the business court shall:
648	665		a. transfer the action to a district court in a county
649	666		with jurisdiction over the action , or
650	667		b. dismiss the action without prejudice to the rights of
651	668		the parties; and
652		-	3. If the business court determines that the venue is improper
653		-	as to the action, the business court shall transfer the action to
654		-	the court of proper venue.
655		-	B. 1. A district court in this state may transfer an action to
656		-	the business court division of proper venue if the district court
657		-	judge determines the business court has subject matter jurisdiction
658		-	over the action.
659	669
660		-	ENGR. S. B. NO. 632 Page 14 1
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684	695
	696	+	3. If the business court determines that the venue is improper
	697	+	as to the action, the business court shall transfer the action to
	698	+	the court of proper venue.
	699	+	B. 1. A district court in this state may transfer an action to
	700	+	the business court division of proper venue if the district court
	701	+	judge determines the business court has subject matter jurisdic tion
	702	+	over the action.
685	703		2. A party to an action filed in a district court that is
686	704		within the jurisdiction of the business court may remove the action
687	705		to the business court. If the business court does not have
688	706		jurisdiction of the action, the business court shall remand the
689	707		action to the court in which the action was originally filed.
690	708		C. A party to an action filed in a district court of proper
691	709		venue that is not within an operating division of the business
692	710		court, or the judge of the court in which the action is filed, shall
693	711		not remove or transfer the action to the business court.
694	712		D. A party may file an agreed notice of removal to the business
695	713		court at any time during the pendency of the action. If all parties
696	714		to the action have not agreed to remove the actio n, the notice of
697	715		removal shall be filed:
698	716		1. Not later than thirty (30) days after the date the party
699	717		requesting removal of the actio n discovered, or reasonably should
700	718		have discovered, facts establishing the business court ’s
701	719		jurisdiction over the action; o r
702		-	2. If an application for temporary injunction is pending on the
703		-	date the party requesting removal of the action discovered, or
704		-	reasonably should have discovered, facts establishing the business
705		-	court’s jurisdiction over the action, not later than thirty (30)
706		-	days after the date the applicat ion is granted, denied, or denied as
707		-	a matter of law.
708	720
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	747	+	2. If an application for temporary injunction is pending on the
	748	+	date the party requesting removal of the action discovered, or
	749	+	reasonably should have discovered, facts establishing the business
	750	+	court’s jurisdiction over the action, not later than thirty (30)
	751	+	days after the date the application is granted, denied, or denied as
	752	+	a matter of law.
734	753		E. The notice of removal shall be filed with the business court
735	754		and the district court in which the action was originally filed. On
736	755		receipt of the notice, the cle rk of the court in which the action
737	756		was originally filed shall immediately transfer the action to the
738	757		business court in accordance with the Oklahoma Pleading Code ,
739	758		Section 2001 et seq. of Title 12 of the Oklahoma Statutes , and the
740	759		court clerk shall assign the action to the appropriate division of
741	760		the business court.
742	761		F. Unless otherwise provided in this section, all pleadings
743	762		shall be governed by the Oklahoma Pleading Code .
744	763		SECTION 8. NEW LAW A new section of law to be codified
745	764		in the Oklahoma Statutes as Section 91.7e of Title 20, unless there
746	765		is created a duplication in numbering, reads as follows:
747	766		Non-jury trials in a business court shall be resolved within
748	767		twelve (12) months of the filing of the action. The twelve-month
749	768		disposition schedule may be extended if both parties agree to a
750	769		longer resolution period. Such an extension shall be agreed upon in
751	770		writing by all parties and approved by the court.
752		-	SECTION 9. This act shall become effective July 1, 2026.
753	771
754		-	ENGR. S. B. NO. 632 Page 16 1
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778	797
779		-	Passed the Senate the 24th day of March, 2025.
780		-
781		-
782		-
783		-	Presiding Officer of the Senate
784		-
785		-
786		-	Passed the House of Representatives the ____ day of __________,
787		-	2025.
788		-
789		-
790		-
791		-	Presiding Officer of the House
792		-	of Representatives
793		-
	798	+	SECTION 9. This act shall become effective July 1, 2026.
	799	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	800	+	March 5, 2025 - DO PASS