2015 Oklahoma Statutes
Title 28. Fees
§28-151. Collection of fees, fines, costs and assessments.

A. It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes.

B. 1. As authorized by the Administrative Office of the Courts, the court clerk may accept a nationally recognized credit or debit card or other electronic payment method for any lawful purpose, including, but not limited to, payment for any fee, fine, forfeiture payment, cost, penalty assessment or other charge or collection to be assessed or collected by the court clerk under the laws of this state. The court clerk shall not collect a fee for the acceptance of the nationally recognized credit or debit card. Prior to the distribution of any fees provided for by law, the court clerk shall apportion on a pro rata basis the costs associated with the administration, acceptance, processing, and verification of the credit card or debit card among all state, municipal or other government entities or funds that are entitled by law to receive any payments from the court clerk from any fee, fine, forfeiture payment, cost, penalty assessment or other collection. All credit and debit card costs shall be deducted from the fees, fines, forfeiture payments, costs, penalty assessments or other collections before transmittal is made to state, municipal or government entities or funds pursuant to the provisions of any law of this state that direct a court clerk to pay any amount or any portion of any fee, fine, forfeiture payment, cost, penalty assessment, or other collection to another state, municipal, or other government entity or fund. Each state, municipal, or other government entity or fund entitled to payment shall then receive only its statutory share less its prorated share of the credit or debit card costs. For purposes of this subsection, "nationally recognized credit card" means any instrument or device, whether known as a credit card, credit plate, charge plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining goods, services, or anything else of value. “Debit card” means an identification card or device issued to a person by a business organization which permits such person to obtain access to or activate a consumer banking electronic facility. The Administrative Office of the Courts is authorized to negotiate and organize statewide contracts for the acceptance and processing of credit and debit cards and equipment related thereto.

2. Written procedures for acceptance or rejection of credit cards shall be established by the Office of the State Auditor and Inspector with approval and direction to court clerks to be issued by the Administrative Office of the Courts.

C. Payment for any fee provided for in this title may be made by a personal or business check. The court clerk, at the court clerk's discretion, may:

1. Add an amount equal to the amount of the service charge incurred, not to exceed three percent (3%) of the amount of the check as a service charge for the acceptance and verification of the check; or

2. Add an amount of no more than Five Dollars ($5.00) as a service charge for the acceptance and verification of a check. For purposes of this subsection, "personal or business check" shall not mean a money order, cashier's check, or bank certified check.

D. The Supreme Court is authorized to institute a cost collection program for collection of fees, fines, costs and assessments provided for in this title.

Added by Laws 1968, c. 359, § 1, eff. July 1, 1968. Amended by Laws 1992, c. 357, § 10, eff. July 1, 1992; Laws 1996, c. 339, § 8, eff. Nov. 1, 1996; Laws 1997, c. 239, § 1, eff. July 1, 1997; Laws 2005, c. 192, § 3, eff. Nov. 1, 2005; Laws 2007, c. 247, § 1 eff. July 1, 2007.