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Oklahoma Legislature· SB 276Second Reading referred to Judiciary Committee then to Appropriations Committee

An act relating to law libraries, the official text

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1                  STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 276               By: Rader
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6                               AS INTRODUCED

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7   An Act relating to law libraries; amending 20 O.S.

7   2021, Sections 1224 and 1226, which relate to Law

8   Library Fund; requiring vote by board of trustees in

8   certain counties for transmission of certain funds;

9   modifying requirements for certain transfers;

9   amending 28 O.S. 2021, Section 152, as amended by

10  Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp.

10  2024, Section 152), which relates to civil court flat

11  fee schedule; modifying certain assessments; updating

11  statutory language; and providing an effective date.

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13

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15  SECTION 1.     AMENDATORY   20 O.S. 2021, Section 1224, is

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16 amended to read as follows:
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17  Section 1224. On August 1 each year:

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18  1. the The board of trustees of a county having a population of

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19 less than five hundred thousand (500,000) according to the latest
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20 Federal Decennial Census shall transmit to the Supreme Court for
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21 deposit in the State Judicial Revolving Fund all funds on deposit in
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22 the law library fund Law Library Fund in excess of twenty-five
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23 percent (25%) of the income to such Fund fund during the preceding
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    Req. No. 481                                              Page 1
1 fiscal year, the existing surplus on hand on the effective date of
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2 this act being excluded; and
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3   2. The board of trustees of a county having a population of

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4 five hundred thousand (500,000) or more according to the latest
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5 Federal Decennial Census shall vote whether to retain all funds on
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6 deposit in the Law Library Fund in excess of twenty-five percent
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7 (25%) of the income to such fund during the preceding fiscal year or
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8 authorize the same, in whole or in part, to be transmitted to the
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9 Supreme Court for deposit in the State Judicial Revolving Fund.
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10  SECTION 2.    AMENDATORY    20 O.S. 2021, Section 1226, is

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11 amended to read as follows:
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12  Section 1226. A. At the request of the board of trustees of

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13 the law library in a county having a population of three hundred
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14 thousand (300,000) or more, the presiding judge of an administrative
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15 district, with the approval of the Chief Justice of the Supreme
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16 Court, shall be authorized to transfer up to Ten Thousand Dollars
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17 ($10,000.00) per fiscal year from the court fund of the county in
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18 which the law library is located to the Law Library Fund of that
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19 county.
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20  B. In counties having a population of less than three hundred

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21 thousand (300,000) five hundred thousand (500,000), the court fund
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22 of the county in which a law library is located shall annually
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23 transfer to the Law Library Revolving Fund the following amounts:
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    Req. No. 481                Page 2
1   1. In counties having a population of less than ten thousand

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2 (10,000), the sum of Five Thousand Dollars ($5,000.00); and
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3   2. In counties having a population of ten thousand (10,000) or

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4 more, but less than thirty thousand (30,000), the sum of Seven
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5 Thousand Dollars ($7,000.00); and
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6   3. In counties having a population of thirty thousand (30,000)

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7 or more, but less than three hundred thousand (300,000) five hundred
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8 thousand (500,000), the sum of Nine Thousand Dollars ($9,000.00).
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9   SECTION 3.    AMENDATORY          28 O.S. 2021, Section 152, as

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10 amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
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11 Section 152), is amended to read as follows:
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12  Section 152. A. In any civil case filed in a district court,

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13 the court clerk shall collect, at the time of filing, the following
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14 flat fees, none of which shall ever be refundable, and which shall
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15 be the only charge for court costs, except as is otherwise
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16 specifically provided for by law:
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17  1. Actions for divorce, alimony without divorce,

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18 separate maintenance, custody or support......................$183.00
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19  2. Any ancillary proceeding to modify or vacate

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20 a divorce decree providing for custody or support..............$43.00
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21  3. Probate and guardianship..............................$135.00

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22  4. Annual guardianship report.............................$33.00

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    Req. No. 481                                               Page 3
1   5. Any proceeding for sale or lease of real or

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2 personal property or mineral interest in probate or
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3 guardianship...................................................$43.00
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4   6. Any proceeding to revoke the probate of a

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5 will...........................................................$43.00
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6   7. Judicial determination of death........................$58.00

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7   8. Adoption..............................................$105.00

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8   9. Civil actions for an amount of Ten Thousand

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9 Dollars ($10,000.00) or less and condemnation.................$150.00
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10  10. Civil actions for an amount of Ten Thousand

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11 One Dollars ($10,001.00) or more .............................$163.00
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12  11. Garnishment...........................................$23.00

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13  12. Continuing wage garnishment...........................$63.00

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14  13. Any other proceeding after judgment...................$33.00

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15  14. All others, including but not limited to,

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16 actions for forcible entry and detainer, judgments
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17 from all other courts, including the Workers'
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18 Compensation Court.............................................$85.00
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19  15. Notice of renewal of judgment.........................$23.00

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20  B. In addition to the amounts collected pursuant to paragraphs

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21 1, 3, 7, 8, 9, 10, and 14 of subsection A of this section,:
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22  1. In counties having a population of less than five hundred

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23 thousand (500,000) according to the latest Federal Decennial Census,
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    Req. No. 481                                       Page 4
1 the sum of Six Dollars ($6.00) shall be assessed and credited to the
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2 Law Library Fund; and
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3       2. In counties having a population of five hundred thousand

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4 (500,000) or more according to the latest Federal Decennial Census,
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5 the sum of Twelve Dollars ($12.00) shall be assessed and credited to
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6 the Law Library Fund pursuant to Section 1201 et seq. of Title 20 of
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7 the Oklahoma Statutes.
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8       C. In addition to the amounts collected pursuant to subsections

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9 A and B of this section, the sum of Twenty-five Dollars ($25.00)
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10 shall be assessed and credited to the Oklahoma Court Information
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11 System Revolving Fund created pursuant to Section 1315 of Title 20
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12 of the Oklahoma Statutes.
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13      D. In addition to the amounts collected pursuant to subsection

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14 A of this section, the sum of Five Dollars ($5.00) shall be assessed
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15 and credited to the Oklahoma court-appointed special advocates
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16 (OCASA).
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17      E. In addition to the amounts collected pursuant to subsection

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18 A of this section, the sum of Two Dollars ($2.00) shall be assessed
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19 and credited as follows:
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20      1. One Dollar and fifty-five cents ($1.55) of such amount shall

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21 be credited to the Council on Judicial Complaints Revolving Fund;
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22 and
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23      2. Forty-five cents ($0.45) of such amount shall be credited to

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24 the Supreme Court Revolving Fund and may be budgeted and expended by
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    Req. No. 481              Page 5
1 the Supreme Court for expenses lawfully incurred for providing
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2 qualified courtroom interpreter services in the district courts, for
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3 credentialing and training Oklahoma courtroom interpreters, and for
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4 any other expenditures determined by the Supreme Court to be
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5 necessary to provide language access in the district courts as
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6 required by state and federal law. Payments of expenses may be made
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7 after the claim or expense is approved by the Chief Justice of the
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8 Supreme Court or another justice designated by the Chief Justice.
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9   F. In addition to the amounts collected pursuant to paragraphs

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10 1, 3, 8, 9, 10, and 14 of subsection A of this section, each county
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11 may assess, upon approval by the board of county commissioners, a
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12 sum not to exceed Ten Dollars ($10.00) per case to be credited to
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13 the Sheriff's Service Fee Account in the county in which the action
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14 arose for the purpose of enhancing existing or providing additional
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15 courthouse security.
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16  G. Until November 1, 2027, in addition to the amounts collected

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17 pursuant to subsection A of this section, the sum of Ten Dollars
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18 ($10.00) shall be assessed and credited to the Court Clerk's Records
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19 Management and Preservation Fund created in Section 31.3 of this
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20 title.
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21  H. In any case in which a litigant claims to have a just cause

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22 of action and that, by reason of poverty, the litigant is unable to
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23 pay the fees and costs provided for in this section and is
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24 financially unable to employ counsel, upon the filing of an
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    Req. No. 481                                                Page 6
1 affidavit in forma pauperis executed before any officer authorized
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2 by law to administer oaths to that effect and upon satisfactory
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3 showing to the court that the litigant has no means and is,
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4 therefore, unable to pay the applicable fees and costs and to employ
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5 counsel, no fees or costs shall be required. The opposing party or
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6 parties may file with the court clerk of the court having
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7 jurisdiction of the cause an affidavit similarly executed
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8 contradicting the allegation of poverty. In all such cases, the
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9 court shall promptly set for hearing the determination of
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10 eligibility to litigate without payment of fees or costs. Until a
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11 final order is entered determining that the affiant is ineligible,
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12 the clerk shall permit the affiant to litigate without payment of
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13 fees or costs. Any litigant executing a false affidavit or counter
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14 affidavit pursuant to the provisions of this section shall be guilty
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15 of perjury.
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16  I. Payments to the court clerk for fees and costs assessed

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17 pursuant to this section may be made by a nationally recognized
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18 credit or debit card or other electronic payment method as provided
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19 in paragraph 1 of subsection B of Section 151 of this title.
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20  SECTION 4. This act shall become effective November 1, 2025.

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22  60-1-481      CC  12/30/2024 8:58:37 PM

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    Req. No. 481                                               Page 7
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