HB 1425 amending 28 O.S. 151
We received the email on Tuesday and the attached letter today. What a mess. Steve Murdock, City of Edmond.
From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Thursday, January 2, 2020 3:35 PM
To: david davis ddavislaw@live.com; Rick Knighton Rick.Knighton@NormanOK.gov; 'Michael R. Vanderburg' vandemr@poncacityok.gov; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Our Court Clerk received the following from the court clerk's association (pasted below). Has anyone heard anything to the contrary?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Good Afternoon!
OMCCA members are blind cc'd
There has been some questions regarding the submission and collection of the 5.00 fee collected for possession of marijuana and drug paraphernalia cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made to them and will not be returning/sending the payments back to the municipalities. Please send in your Drug Education Fees as you normally would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous Drugs Control, bgivens@obn.state.ok.usmailto:bgivens@obn.state.ok.us Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
courtclerk@chickasha.orgmailto:courtclerk@chickasha.org
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
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 Statuteshttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2F1.next.westlaw.com%2FLink%2FDocument%2FFullText%3FfindType%3DL%26pubNum%3D1000165%26cite%3DOKSTT12S1751%26originatingDoc%3DN57460950C53F11E9B603A14D40335536%26refType%3DLQ%26originationContext%3Ddocument%26transitionType%3DDocumentItem%26contextData%3D(sc.History*oc.UserEnteredCitation)&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629806308&sdata=Sqro4EOU%2FCenay%2B1PXv7UFvtilgZ8krnhU1dCGkPJGU%3D&reserved=0. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629816299&sdata=MGiNHFqi7x6VNImcalmypxXH9dOI4aR7Ytk16CfROng%3D&reserved=0
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Ponca City also received a letter like Steve Murdock's
Mike Vanderburg
From: Steve Murdock [mailto:Steve.Murdock@edmondok.com]
Sent: Thursday, January 02, 2020 3:48 PM
To: Teresa Nowlin; david davis; Rick Knighton; Michael R. Vanderburg; OAMA luistserv (OAMA@lists.imla.org)
Subject: RE: HB 1425 amending 28 O.S. 151
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
We received the email on Tuesday and the attached letter today. What a mess. Steve Murdock, City of Edmond.
From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Thursday, January 2, 2020 3:35 PM
To: david davis ddavislaw@live.com; Rick Knighton Rick.Knighton@NormanOK.gov; 'Michael R. Vanderburg' vandemr@poncacityok.gov; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Our Court Clerk received the following from the court clerk's association (pasted below). Has anyone heard anything to the contrary?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Good Afternoon!
OMCCA members are blind cc'd
There has been some questions regarding the submission and collection of the 5.00 fee collected for possession of marijuana and drug paraphernalia cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made to them and will not be returning/sending the payments back to the municipalities. Please send in your Drug Education Fees as you normally would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous Drugs Control, bgivens@obn.state.ok.usmailto:bgivens@obn.state.ok.us Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
courtclerk@chickasha.orgmailto:courtclerk@chickasha.org
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
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 Statuteshttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2F1.next.westlaw.com%2FLink%2FDocument%2FFullText%3FfindType%3DL%26pubNum%3D1000165%26cite%3DOKSTT12S1751%26originatingDoc%3DN57460950C53F11E9B603A14D40335536%26refType%3DLQ%26originationContext%3Ddocument%26transitionType%3DDocumentItem%26contextData%3D(sc.History*oc.UserEnteredCitation)&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629806308&sdata=Sqro4EOU%2FCenay%2B1PXv7UFvtilgZ8krnhU1dCGkPJGU%3D&reserved=0. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629816299&sdata=MGiNHFqi7x6VNImcalmypxXH9dOI4aR7Ytk16CfROng%3D&reserved=0
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Altus received the same, forwarded to me today. My advice had been to continue sending the money and to retain any returns along with the correspondence and to keep returned monies separate.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Thursday, January 02, 2020 3:52 PM
To: 'Steve Murdock' Steve.Murdock@edmondok.com; Teresa Nowlin tnowlin@jenksok.org; david davis ddavislaw@live.com; Rick Knighton Rick.Knighton@NormanOK.gov; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Ponca City also received a letter like Steve Murdock's
Mike Vanderburg
From: Steve Murdock [mailto:Steve.Murdock@edmondok.com]
Sent: Thursday, January 02, 2020 3:48 PM
To: Teresa Nowlin; david davis; Rick Knighton; Michael R. Vanderburg; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org)
Subject: RE: HB 1425 amending 28 O.S. 151
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
We received the email on Tuesday and the attached letter today. What a mess. Steve Murdock, City of Edmond.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Teresa Nowlin
Sent: Thursday, January 2, 2020 3:35 PM
To: david davis <ddavislaw@live.commailto:ddavislaw@live.com>; Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Our Court Clerk received the following from the court clerk's association (pasted below). Has anyone heard anything to the contrary?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Good Afternoon!
OMCCA members are blind cc'd
There has been some questions regarding the submission and collection of the 5.00 fee collected for possession of marijuana and drug paraphernalia cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made to them and will not be returning/sending the payments back to the municipalities. Please send in your Drug Education Fees as you normally would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous Drugs Control, bgivens@obn.state.ok.usmailto:bgivens@obn.state.ok.us Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
courtclerk@chickasha.orgmailto:courtclerk@chickasha.org
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
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 Statuteshttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2F1.next.westlaw.com%2FLink%2FDocument%2FFullText%3FfindType%3DL%26pubNum%3D1000165%26cite%3DOKSTT12S1751%26originatingDoc%3DN57460950C53F11E9B603A14D40335536%26refType%3DLQ%26originationContext%3Ddocument%26transitionType%3DDocumentItem%26contextData%3D(sc.History*oc.UserEnteredCitation)&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629806308&sdata=Sqro4EOU%2FCenay%2B1PXv7UFvtilgZ8krnhU1dCGkPJGU%3D&reserved=0. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=02%7C01%7Csteve.murdock%40edmondok.com%7C3a8e310df669449cf3e308d78fcbc209%7C3195f3c43f8040f3bbea4424fe6a0c3e%7C0%7C1%7C637135977629816299&sdata=MGiNHFqi7x6VNImcalmypxXH9dOI4aR7Ytk16CfROng%3D&reserved=0
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Prior to the holidays, I reached out to the OSBI regarding its position on
this issue. This is the OSBI's response:
Sorry for the late reply, but I wanted to make sure I researched this
thoroughly before getting back to you.
28 O.S. § 151 was amended by HB1425, the principal author was
Representative Ben Loring. I spoke with Representative Loring earlier this
morning to ask him what the intent of the bill was.
The majority of the amendments to section 151 dealt with the use of
credit/debit cards, and making certain that the court clerk did not charge
a fee if someone used a debit or credit card to pay fees. The line that
says “this section shall not apply to municipal courts not of record in
this state” was put in to make certain that municipal courts could charge
this fee if they chose. Representative Loring told me that it was
“absolutely not” intended to be read that municipal courts would not
collect fees for state agencies.
The short answer to your question is that the OSBI believes that each of
the fees authorized by law for all state agencies, including OSBI, must be
collected by all court clerks, including municipal courts.
There are four main fees that are collected for the OSBI by court clerks;
the OSBI Laboratory Analysis Fee, the DNA Offender Database Fee, the
Automated Fingerprint Identification System (AFIS) Fee, and the Forensic
Science Improvement Revolving Fund Assessment. Each one to of these fees
are mandated by language in various sections in Title 20 (the Courts
section), and in each section, there is a mandate that all courts,
including municipal courts, collect the respective fees.
On Thu, Jan 2, 2020 at 3:56 PM Michael Beason mbeason@altusok.gov wrote:
Altus received the same, forwarded to me today. My advice had been to
continue sending the money and to retain any returns along with the
correspondence and to keep returned monies separate.
From: Oama [mailto:oama-bounces@lists.imla.org] *On Behalf Of *Michael
R. Vanderburg
Sent: Thursday, January 02, 2020 3:52 PM
To: 'Steve Murdock' Steve.Murdock@edmondok.com; Teresa Nowlin <
tnowlin@jenksok.org>; david davis ddavislaw@live.com; Rick Knighton
Rick.Knighton@NormanOK.gov; OAMA luistserv (OAMA@lists.imla.org) <
OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Ponca City also received a letter like Steve Murdock’s
Mike Vanderburg
From: Steve Murdock [mailto:Steve.Murdock@edmondok.com
Steve.Murdock@edmondok.com]
Sent: Thursday, January 02, 2020 3:48 PM
To: Teresa Nowlin; david davis; Rick Knighton; Michael R. Vanderburg;
OAMA luistserv (OAMA@lists.imla.org)
Subject: RE: HB 1425 amending 28 O.S. 151
CAUTION: This email originated from outside of the organization. Do not
click any links or open any attachments unless you recognize the sender and
know the content is safe.
We received the email on Tuesday and the attached letter today. What a
mess. Steve Murdock, City of Edmond.
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Teresa Nowlin
Sent: Thursday, January 2, 2020 3:35 PM
To: david davis ddavislaw@live.com; Rick Knighton <
Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <
vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.org) <
OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Our Court Clerk received the following from the court clerk’s association
(pasted below). Has anyone heard anything to the contrary?
*Teresa Nowlin *| City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Good Afternoon!
OMCCA members are blind cc’d
There has been some questions regarding the submission and collection of
the 5.00 fee collected for possession of marijuana and drug paraphernalia
cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made
to them and will not be returning/sending the payments back to the
municipalities. Please send in your Drug Education Fees as you normally
would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous
Drugs Control, bgivens@obn.state.ok.us Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
From: Oama oama-bounces@lists.imla.org *On Behalf Of *david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton Rick.Knighton@NormanOK.gov; 'Michael R. Vanderburg'
vandemr@poncacityok.gov; OAMA luistserv (OAMA@lists.imla.org) <
OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections
appear to be in conflict but perhaps the newer statute would override.
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Rick Knighton <
Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' vandemr@poncacityok.gov; OAMA luistserv (
OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let’s try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
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
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This section shall not apply to municipal courts not of record in this
state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28
O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2).
This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal
courts not of record from submitting the Drug Education Fees to OBN, it
also exempts municipal courts not of record from submitting CLEET fees to
CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5.
Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | + rick.knighton@normanok.gov | þ
www.normanok.gov
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This e-mail is the property of the City Attorney’s office, City of Norman,
Oklahoma, and the information contained in this e-mail is protected by the
attorney-client and/or the attorney work product privilege. It is intended
only for the use of the individual named above and the privileges are not
waived by virtue of this having been sent by e-mail. If the person actually
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From: Oama oama-bounces@lists.imla.org *On Behalf Of *Michael R.
Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees.
Now, according to the Oklahoma Bureau of Narcotics, we should not be
required to send the Drug Education Fees to the OBN. I am unaware of any
other state agency who agrees with this interpretation, but OBN not only
states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
or previous e-mail messages attached to it, may contain confidential
information that is legally privileged. If you are not the intended
recipient, please destroy the message and contact the sender to report the
email error. The message and its attachments may not be copied, shared,
distributed, or used in any manner by anyone other than the intended
recipient. The receipt of this email does not create an attorney client
relationship, unless that relationship already exists independent of this
email.
If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that
any disclosure, copying, distribution or use of any of the
information contained in or attached to this message is
STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify us by reply e-mail at vandemr@poncacityok.gov
or by telephone at 580 767 0337 and destroy the original transmission and
its attachments without reading them or saving them to disk. This email is
covered by the Electronic Communications Privacy Act, 18 U.S.C. §§
2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
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Corry S. Kendall
Attorney at Law
216 W. Commerce
Altus, OK 73521
corry.kendall@swoklaw.com
Phone: (580) 482-3355
Fax: (580) 954-0060
www.swoklaw.com
Please note the new email address: corry.kendall@swoklaw.com
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