1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1649 By: Gollihare
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5 AS INTRODUCED
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6 An Act relating to the Attorney General; amending 74
6 O.S. 2021, Section 18b, as amended by Section 1,
7 Chapter 100, O.S.L. 2022 (74 O.S. Supp. 2023, Section
7 18b), which relates to duties of Attorney General;
8 adding certain duties; repealing 74 O.S. 2021,
8 Section 18b, as last amended by Section 1, Chapter
9 296, O.S.L. 2022 (74 O.S. Supp. 2023, Section 18b),
9 which relates to duties of Attorney General;
10 repealing duplicate section; and declaring an
10 emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, as
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15 amended by Section 1, Chapter 100, O.S.L. 2022 (74 O.S. Supp. 2023,
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16 Section 18b), is amended to read as follows:
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17 Section 18b. A. The duties of the Attorney General as the
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18 chief law officer of the state shall be:
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19 1. To appear for the state and prosecute and defend all actions
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20 and proceedings, civil or criminal, in the Supreme Court and Court
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21 of Criminal Appeals in which the state is interested as a party;
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22 2. To appear for the state and prosecute and defend all actions
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23 and proceedings in any of the federal courts in which the state is
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24 interested as a party;
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 1 3. To initiate or appear in any action in which the interests
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2 of the state or the people of the state are at issue, or to appear
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3 at the request of the Governor, the Legislature, or either branch
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4 thereof, and prosecute and defend in any court or before any
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5 commission, board or officers any cause or proceeding, civil or
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6 criminal, in which the state may be a party or interested; and when
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7 so appearing in any such cause or proceeding, the Attorney General
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8 may, if the Attorney General deems it advisable and to the best
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9 interest of the state, take and assume control of the prosecution or
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10 defense of the state’s interest therein;
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11 4. To consult with and advise district attorneys, when
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12 requested by them, in all matters pertaining to the duties of their
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13 offices, when the district attorneys shall furnish the Attorney
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14 General with a written opinion supported by citation of authorities
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15 upon the matter submitted;
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16 5. To give an opinion in writing upon all questions of law
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17 submitted to the Attorney General by the Legislature or either
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18 branch thereof, or by any state officer, board, commission or
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19 department, provided, that the Attorney General shall not furnish
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20 opinions to any but district attorneys, the Legislature or either
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21 branch thereof, or any other state official, board, commission or
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22 department, and to them only upon matters in which they are
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23 officially interested;
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 1 6. At the request of the Governor, State Auditor and Inspector,
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2 State Treasurer, or either branch of the Legislature, to prosecute
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3 any official bond or any contract in which the state is interested,
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4 upon a breach thereof, and to prosecute or defend for the state all
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5 actions, civil or criminal, relating to any matter connected with
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6 either of their Departments;
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7 7. Whenever requested by any state officer, board or
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8 commission, to prepare proper drafts for contracts, forms and other
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9 writing which may be wanted for the use of the state;
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10 8. To prepare drafts of bills and resolutions for individual
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11 members of the Legislature upon their written request stating the
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12 gist of the bill or resolution desired;
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13 9. To enforce the proper application of monies appropriated by
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14 the Legislature and to prosecute breaches of trust in the
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15 administration of such funds;
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16 10. To institute actions to recover state monies illegally
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17 expended, to recover state property and to prevent the illegal use
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18 of any state property, upon the request of the Governor or the
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19 Legislature;
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20 11. To pay into the State Treasury, immediately upon its
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21 receipt, all monies received by the Attorney General belonging to
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22 the state;
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23 12. To settle, compromise and dispose of an action in which the
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24 Attorney General represents the interests of the state, so long as
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 1 the consideration negotiated for such settlement, compromise or
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2 disposition is payable to the state or one of its agencies which is
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3 a named party of the action and any monies, any property or other
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4 item of value is paid first to the State Treasury;
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5 13. To keep and file copies of all opinions, contracts, forms
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6 and letters of the office, and to keep an index of all opinions,
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7 contracts and forms according to subject and section of the law
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8 construed or applied;
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9 14. To keep a register or docket of all actions, demands and
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10 investigations prosecuted, defended or conducted by the Attorney
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11 General in behalf of the state. The register or docket shall give
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12 the style of the case or investigation, where pending, court number,
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13 office number, the gist of the matter, result and the names of the
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14 assistants who handled the matter;
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15 15. To keep a complete office file of all cases and
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16 investigations handled by the Attorney General on behalf of the
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17 state;
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18 16. To report to the Legislature or either branch thereof
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19 whenever requested upon any business relating to the duties of the
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20 Attorney General’s office;
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21 17. To institute civil actions against members of any state
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22 board or commission for failure of such members to perform their
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23 duties as prescribed by the statutes and the Constitution and to
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24 prosecute members of any state board or commission for violation of
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 1 the criminal laws of this state where such violations have occurred
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2 in connection with the performance of such members’ official duties;
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3 18. To respond to any request for an opinion of the Attorney
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4 General’s office, submitted by a member of the Legislature,
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5 regardless of subject matter, by written opinion determinative of
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6 the law regarding such subject matter;
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7 19. To convene multicounty grand juries in such manner and for
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8 such purposes as provided by law; provided, such grand juries are
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9 composed of citizens from each of the counties on a pro rata basis
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10 by county;
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11 20. To investigate any report by the State Auditor and
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12 Inspector filed with the Attorney General pursuant to Section 223 of
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13 this title and prosecute all actions, civil or criminal, relating to
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14 such reports or any irregularities or derelictions in the management
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15 of public funds or property which are violations of the laws of this
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16 state;
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17 21. To represent and protect the collective interests of all
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18 utility consumers of this state in rate-related proceedings before
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19 the Corporation Commission or in any other state or federal judicial
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20 or administrative proceeding;
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21 22. To represent and protect the collective interests of
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22 insurance consumers of this state in rate-related proceedings before
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23 the Insurance Commissioner or in any other state or federal judicial
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24 or administrative proceeding;
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 1 23. To investigate and prosecute any criminal action relating
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2 to insurance fraud, if in the opinion of the Attorney General a
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3 criminal prosecution is warranted, or to refer such matters to the
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4 appropriate district attorney;
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5 24. To monitor and evaluate any action by the federal
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6 government including, but not limited to, executive orders by the
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7 President of the United States, rules or regulations promulgated by
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8 an agency of the federal government or acts Acts of Congress to
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9 determine if such actions are in violation of the Tenth Amendment to
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10 the Constitution of the United States; and
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11 25. To cross-deputize police officers of the police department
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12 of any municipality or any officer deputized by the county sheriff
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13 or a designee subject to an interlocal governmental agreement with
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14 the Attorney General’s Office in an effort to combine city, county,
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15 and state law enforcement efforts and to encourage cooperation
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16 between city, county, and state law enforcement officials.
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17 Liability for the conduct of any municipal police officer cross-
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18 deputized under the terms and conditions of an interlocal
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19 governmental agreement or any officer deputized by the county
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20 sheriff under the terms and conditions of an interlocal governmental
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21 agreement shall remain the responsibility of the respective employer
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22 for that officer;
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 1 26. To maintain data related to human trafficking and to assist
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2 law enforcement, social service agencies, and victim services
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3 programs in identifying and supporting victims of human trafficking;
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4 27. To enter into memoranda of understanding with any state
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5 agency, district attorney, or law enforcement entity as necessary to
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6 perform the duties and responsibilities of the Attorney General; and
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7 28. To initiate and prosecute criminal actions by information
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8 or indictment with all authority and responsibility otherwise
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9 provided by statute to district attorneys.
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10 B. Nothing in this section shall be construed as requiring the
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11 Attorney General to appear and defend or prosecute in any court any
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12 cause or proceeding for or on behalf of the Oklahoma Tax Commission,
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13 the Board of Managers of the State Insurance Fund, or the
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14 Commissioners of the Land Office.
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15 C. In all appeals from the Corporation Commission to the
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16 Supreme Court of Oklahoma in which the state is a party, the
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17 Attorney General shall have the right to designate counsel of the
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18 Corporation Commission as the Attorney General’s legally appointed
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19 representative in such appeals, and it shall be the duty of the
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20 Corporation Commission counsel to act when so designated and to
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21 consult and advise with the Attorney General regarding such appeals
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22 prior to taking action therein.
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 1 SECTION 2. REPEALER 74 O.S. 2021, Section 18b, as last
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2 amended by Section 1, Chapter 296, O.S.L. 2022, (74 O.S. Supp. 2023,
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3 Section 18b) is hereby repealed.
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4 SECTION 3. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 59-2-2649 TEK 1/16/2024 11:27:46 AM
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Statutes affected:
Introduced: 74-18b
Floor (House): 74-18b
Floor (Senate): 74-18b
Engrossed: 74-18b
Enrolled (final version): 74-18b