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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1236 By: McCall, Roberts (Dustin),
Sims, Luttrell, Russ,
Manger, Worthen, Lepak,
Roberts (Eric), Gann,
Sterling, Roe, Kendrix,
Hilbert, Davis, West
(Josh), Bashore, West
(Kevin), Cornwell, Lowe
(Dick), Moore, West (Rick),
Grego, May, Townley,
Stearman, Olsen, Wolfley,
Stark, Dobrinski,
Patzkowsky, Talley, Newton,
Williams, Miller, West
(Tammy), Lawson, Mize,
Hill, Hardin (David),
Steagall, Fetgatter,
Vancuren, Boatman,
Hasenbeck, Martinez,
Dempsey, Phillips,
McEntire, Kerbs, Boles,
Dills, Hardin (Tommy),
Sneed, Johns, Osburn,
Marti, Frix, Crosswhite
Hader, Baker, Conley,
O'Donnell, Strom, Humphrey,
Caldwell (Trey), Caldwell
(Chad), Burns, Ford,
McDugle, Wallace, Culver,
Smith, Echols and Roberts
(Sean) of the House
and
Daniels, Bullard and
Hamilton of the Senate
An Act relating to the United States; providing for
review of Presidential executive orders and federal
actions; prohibiting implementation of
unconstitutional actions; providing for codi fication;
and declaring an emergency .
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AUTHOR: Add the following House Coauthors: McBride and Pfeiffer
AUTHOR: Remove the following House Coauthors: O’Donnell and
Humphrey
AUTHOR: Remove Daniels as principal Senate Author, replace with
Treat as principal Senate Author and retain Daniels as
Senate Coauthor and add Senate Coauthors: Quinn, Stephens,
Standridge, Pemberton, Rogers, Newhouse, Haste, Weaver,
David, Leewright, Thompson, Montgomery, Hall, Murdock,
Allen, Howard and Jech
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to the Attorney General; amending 74
O.S. 2011, Section 18b, as last amended by Section 1,
Chapter 444, O.S.L. 2019 (74 O.S. Supp. 2020, Section
18b), which relates to dutie s of the Attorney
General; requiring Attorney General to evaluate
certain actions of the federal government;
establishing the State Reserved Powers Protection
Unit of the Office of the Attorney General; stating
duties of Unit; requiring Attorney General to take
certain actions under certain circumstances;
establishing the State Reserved Powers Protection
Unit Revolving Fund; providing purpose of Fund;
amending 68 O.S. 2011, Section 2352, as last amended
by Section 3, Chapter 15, O.S.L. 2020 (68 O.S. Supp.
2020, Section 2352), which relates to distribution of
revenues; apportioning certain revenue to the State
Reserved Powers Protection Unit Revolving Fund;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 18b, as last
amended by Section 1, Chapter 444, O.S.L. 2019 (74 O.S. Supp. 2020,
Section 18b), is amended to read as follows:
Section 18b. A. The duties of the Attorney General as the
chief law officer of the state shall be:
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1. To appear for the state and prosecute and defend all actions
and proceedings, civil or criminal, in the Supreme Court and Court
of Criminal Appeals in which the state is inte rested as a party;
2. To appear for the state and prosecute and defend all actions
and proceedings in any of the federal courts in which the state is
interested as a party;
3. To initiate or appear in any action in which the interests
of the state or the people of the state are at issue, or to appear
at the request of the Governor, the Legislature, or either branch
thereof, and prosecute and defend in any court or before any
commission, board or officers any cause or proceeding, civil or
criminal, in which the state may be a party or interested; and when
so appearing in any such cause or proceeding, the Attorney General
may, if the Attorney General deems it advisable and to the best
interest of the state, take and assume control of the prosecution or
defense of the state's interest therein;
4. To consult with and advise district attorneys, when
requested by them, in all matters pertaining to the duties of their
offices, when the district attorneys shall furnish the Attorney
General with a written opinion s upported by citation of authorities
upon the matter submitted;
5. To give an opinion in writing upon all questions of law
submitted to the Attorney General by the Legislature or either
branch thereof, or by any state officer, board, commission or
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department, provided, that the Attorney General shall not furnish
opinions to any but district attorneys, the Legislature or either
branch thereof, or any other state official, board, commission or
department, and to them only upon matters in which they are
officially interested;
6. At the request of the Governor, State Auditor and Inspector,
State Treasurer, or either branch of the Legislature, to prosecute
any official bond or any contract in which the state is interested,
upon a breach thereof, and to prosecute or defend for the state all
actions, civil or criminal, relating to any matter connected with
either of their Departments;
7. Whenever requested by any state officer, board or
commission, to prepare proper drafts for contracts, forms and other
writing which may be wanted for the use of the state;
8. To prepare drafts of bills and resolutions for individual
members of the Legislature upon their written request stating the
gist of the bill or resolution desired;
9. To enforce the proper application of mon ies appropriated by
the Legislature and to prosecute breaches of trust in the
administration of such funds;
10. To institute actions to recover state monies illegally
expended, to recover state property and to prevent the illegal use
of any state property , upon the request of the Governor or the
Legislature;
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11. To pay into the State Treasury, immediately upon its
receipt, all monies received by the Attorney General belonging to
the state;
12. To settle, compromise and dispose of an action in which the
Attorney General represents the interests of the state, so long as
the consideration negotiated for such settlement, compromise or
disposition is payable to the state or one of its agencies which is
a named party of the action and any monies, any property o r other
item of value is paid first to the State Treasury;
13. To keep and file copies of all opinions, contracts, forms
and letters of the office, and to keep an index of all opinions,
contracts and forms according to subject and section of the law
construed or applied;
14. To keep a register or docket of all actions, demands and
investigations prosecuted, defended or conducted by the Attorney
General in behalf of the state. The register or docket shall give
the style of the case or investigation, where pending, court number,
office number, the gist of the matter, result and the names of the
assistants who handled the matter;
15. To keep a complete office file of all cases and
investigations handled by the Attorney General on behalf of the
state;
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16. To report to the Legislature or either branch thereof
whenever requested upon any business relating to the duties of the
Attorney General's office;
17. To institute civil actions against members of any state
board or commission for failure of such members to perform their
duties as prescribed by the statutes and the Constitution and to
prosecute members of any state board or commission for violation of
the criminal laws of this state where such violations have occurred
in connection with the performance of such members' official duties;
18. To respond to any request for an opinion of the Attorney
General's office, submitted by a member of the Legislature,
regardless of subject matter, by written opinion determinative of
the law regarding such subject matter ;
19. To convene multicounty grand juries in such manner and for
such purposes as provided by law; provided, such grand juries are
composed of citizens from each of the counties on a pro rata basis
by county;
20. To investigate any report by the State Au ditor and
Inspector filed with the Attorney General pursuant to Section 223 of
this title and prosecute all actions, civil or criminal, relating to
such reports or any irregularities or derelictions in the management
of public funds or property which are v iolations of the laws of this
state;
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21. To represent and protect the collective interests of all
utility consumers of this state in rate -related proceedings before
the Corporation Commission or in any other state or federal judicial
or administrative pro ceeding;
22. To represent and protect the collective interests of
insurance consumers of this state in rate -related proceedings before
the Insurance Commissioner or in any other state or federal judicial
or administrative proceeding; and
23. To investigate and prosecute any criminal action relating
to insurance fraud, if in the opinion of the Attorney General a
criminal prosecution is warranted, or to refer such matters to the
appropriate district attorney ; and
24. To monitor and evaluate any action by t he federal
government including, but not limited to, executive orders by the
President of the United States, rules or regulations promulgated by
an agency of the federal government or acts of Congress, to
determine if such actions are in violation of the T enth Amendment to
the Constitution of the United States .
B. Nothing in this section shall be construed as requiring the
Attorney General to appear and defend or prosecute in any court any
cause or proceeding for or on behalf of the Oklahoma Tax Commission ,
the Board of Managers of the State Insurance Fund, or the
Commissioners of the Land Office.
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C. In all appeals from the Corporation Commission to the
Supreme Court of Oklahoma in which the state is a party, the
Attorney General shall have the right to de signate counsel of the
Corporation Commission as the Attorney General's legally appointed
representative in such appeals, and it shall be the duty of the
Corporation Commission counsel to act when so designated and to
consult and advise with the Attorney G eneral regarding such appeals
prior to taking action therein.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18q of Title 74, unless there is
created a duplication in numbering, reads as f ollows:
A. There is hereby created within the Office of the Attorney
General a State Reserved Powers Protection Unit to monitor and
evaluate any action by the federal government including, but not
limited to, executive orders by the President of the Unite d States,
rules or regulations promulgated by an agency of the federal
government or acts of Congress, to determine if such actions are in
violation of the Tenth Amendment to the Constitution of the United
States. If review by the Unit of any such action by the federal
government concludes that the action is an infringement on state
authority under the Tenth Amendment, the Attorney General shall
determine whether the state should seek an exemption from the
application of the action or seek to have the acti on declared
unconstitutional.
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B. There is hereby created in the State Treasury a revolving
fund for the Office of the Attorney General, to be designated the
"State Reserved Powers Protection Unit Revolving Fund ". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies designated to the fund by law. All
monies accruing to the credit of said fund are hereby appropriated
and may be budgeted and expended by the Attorney General for the
administration and i mplementation of the duties of the State
Reserved Powers Protection Unit.
SECTION 3. AMENDATORY 68 O.S. 2011, Section 2352, as
last amended by Section 3, Chapter 15, O.S.L. 2020 (68 O.S. Supp.
2020, Section 2352), is amended to re ad as follows:
Section 2352. It is hereby declared to be the purpose of
Section 2351 et seq. of this title to provide revenue for general
governmental functions of state government; and, for that purpose
and to that end, it is expressly declared that the revenue derived
herefrom and penalties and interest thereon, subject to the
apportionment requirements for the Rebuilding Oklahoma Access and
Driver Safety Fund, the Oklahoma Tourism and Passenger Rail
Revolving Fund, the Public Transit Revolving Fund, and the Education
Reform Revolving Fund to be derived from income tax revenue that
would otherwise be apportioned to the General Revenue Fund as
provided by Section 1521 of Title 69 of the Oklahoma Statutes,
subject to the apportionment requirements for the O klahoma Tax
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Commission and Office of Management and Enterprise Services Joint
Computer Enhancement Fund provided by Section 265 of this title, and
subject to the apportionment requirements for the Oklahoma State
Capitol Building Repair and Restoration Fund provided by Section 19
of Title 73 of the Oklahoma Statutes, shall be distributed as
follows:
1. For the fiscal year beginning July 1, 2002, the first Five
Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue
derived pursuant to the provisio ns of subsections A, B and E of
Section 2355 of this title shall be apportioned to the Education
Reform Revolving Fund. The remainder of such revenue for the fiscal
year beginning July 1, 2002, and all such revenue for each fiscal
year thereafter shall be apportioned monthly as follows:
a. the following amounts shall be paid to the State
Treasurer to be placed to the credit of the General
Revenue Fund of the state for such fiscal year for the
support of the state government to be paid out only
pursuant to appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 87.12%
FY 2005 86.91%
FY 2006 86.66%
FY 2007 86.16%
FY 2008 through FY 2022 85.66%
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FY 2023 through FY 2027 85.16%
FY 2028 and each fiscal year thereafter 85.66%,
b. the following amounts shall be paid to the State
Treasurer to be placed to the credit of the Education
Reform Revolving Fund of the State Department of
Education:
(1) for FY 2003 through FY 2020, eight and thirty -
four one-hundredths percent (8.34%),
(2) for FY 2021:
(a) for the month beginning July 1, 2020,
through the month ending August 31, 2020,
eight and thirty-four one-hundredths percent
(8.34%), and
(b) for the month beginning September 1, 2020,
through the month ending June 30, 2021, nine
and eighty-four one-hundredths percent
(9.84%),
(3) for FY 2022, nine and fifty -nine one-hundredths
percent (9.59%), and
(4) for FY 2023 and each fiscal year thereafter,
eight and thirty-four one-hundredths percent
(8.34%) shall be paid to the State Treasurer to
be placed to the credi t of the Education Reform
Revolving Fund,
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c. the following amounts shall be paid to the State
Treasurer to be placed to the credit of the Teachers'
Retirement System Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
(1) for the month beginning
July 1, 2020, through
the month ending August
31, 2020 5.0%
(2) for the month beginning
September 1, 2020,
through the month ending
June 30, 2021 3.5%
FY 2022 3.75%
FY 2023 through FY 2027 5.5%
FY 2028 and each fiscal
year thereafter 5.0%
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d. for FY 2003 and each fiscal year thereafter, one
percent (1%) shall be placed to the credit of the Ad
Valorem Reimbursement Fund;
2. Beginning July 1, 2003, for any period of time as certified
by the Oklahoma Development Finance Authority and the Oklahoma
Department of Commerce to be necessary for the repayment of
obligations issued by the Oklahoma Development Finance Authority
pursuant to Section 3654 of this title if the oth er sources of
revenue paid to or apportioned to the Quality Jobs Program Incentive
Leverage Fund are not adequate, including the proceeds from payment
pursuant to the guaranty required by subsection M of Section 3654 of
this title, an amount certified by t he Oklahoma Development Finance
Authority to the Oklahoma Tax Commission shall be apportioned to the
Quality Jobs Program Incentive Leverage Fund before any other
apportionments are made as otherwise authorized by this paragraph.
The Oklahoma Development Finance Authority shall certify to the
Oklahoma Tax Commission the time as of which the revenue authorized
for apportionment pursuant to this paragraph is no longer required.
After the certification, the revenue derived from the income tax
shall be apportioned in the manner otherwise provided by this
section. Except as otherwise provided by this paragraph, for the
fiscal year beginning July 1, 2002, the first Forty -one Million One
Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of
revenue derived pursuant to the provisions of subsections D and E of
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Section 2355 of this title shall be apportioned to the Education
Reform Revolving Fund. Except as otherwise provided by this
paragraph, for the fiscal year beginning July 1, 2021, through the
fiscal year beginning July 1, 2025, the first Ten Million Dollars
($10,000,000.00) of revenue derived pursuant to the provisions of
subsection E of Section 2355 of this title shall be apportioned to
the Attorney General's State Reserved Powers Protection Unit
Revolving Fund created pursuant to Section 2 of this act. The
remainder of such revenue for the fiscal year beginning July 1,
2002, and all such revenue for each fiscal year thereafter, subject
to the apportionment requirements for the Oklahoma Tax Commi ssion
and Office of Management and Enterprise Services Joint Computer
Enhancement Fund provided by Section 265 of this title, shall be
apportioned monthly as follows:
a. the following amounts shall be paid to the State
Treasurer to be placed to the credit of the General
Revenue Fund of the state for such fiscal year for the
support of the state government to be paid out only
pursuant to appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 78.96%
FY 2005 78.75%
FY 2006 78.50%
FY 2007 78.0%
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(1) (a) FY 2018 through FY 2022
until the apportionment to
the General Revenue Fund
equals the moving five -
year average amount for
corporate income tax as
prescribed by paragraph 3
of this section 77.50%
(b) FY 2023 through FY 2027
until the apportionmen t to
the General Revenue Fund
equals the moving five -
year average amount for
corporate income tax as
prescribed by paragraph 3
of this section 77.00%
(c) FY 2028 and each fiscal
year thereafter until the
apportionment to the
General Revenue Fund
equals the moving five-
year average amount for
corporate income tax as
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prescribed by paragraph 3
of this section 77.50%
(2) there shall be apportioned from the tax levy
imposed on corporate income tax to the Revenue
Stabilization Fund created by Section 34.102 of
Title 62 of the Oklahoma Statutes, or to the
Constitutional Reserve Fund, as provided by
Section 34.102 of Title 62 of the Oklahoma
Statutes, the amount of revenue, if any, which
exceeds the moving five -year average amount as
defined pursuant to paragraph 3 of this section,
b. the following amounts shall be paid to the State
Treasurer to be placed to the credit of the Education
Reform Revolving Fund of the State Department of
Education:
(1) for FY 2003 through FY 2020, sixteen and five -
tenths percent (16.5%),
(2) for FY 2021:
(a) for the month beginning July 1, 2020,
through the month ending August 31, 2020,
sixteen and five-tenths percent (16.5%), and
(b) for the month beginning September 1, 2020,
through the month ending June 30, 2021,
eighteen percent (18%) ,
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(3) for FY 2022, seventeen and seventy -five one-
hundredths percent (17.75%), and
(4) for FY 2023 and each fiscal year thereafter,
sixteen and five-tenths percent (16.5%),
c. the following amounts shall be paid to the State
Treasurer to be placed to the c redit of the Teachers'
Retirement System Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
(1) for the month beginning
July 1, 2020, through
the month ending August
31, 2020 5.0%
(2) for the month beginning
September 1, 2020,
through the month ending
June 30, 2021 3.5%
FY 2022 3.75%
FY 2023 through FY 2027 5.5%
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FY 2028 and each fiscal
year thereafter 5.0%
d. for FY 2003 and each fiscal year thereafter, one
percent (1%) shall be placed to the credit of the Ad
Valorem Reimbursement Fund; and
3. "Moving five-year average for corporate income tax" means,
for purposes of the apportionments prescribed by this section, the
amount of income tax on corporations , as determined by the State
Board of Equalization in the manner prescribed by Section 34.103 of
Title 62 of the Oklahoma Statutes.
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately n ecessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. ”
Passed the Senate the 20th day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1236 By: McCall, Roberts (Dustin),
Sims, Luttrell, Russ ,
Manger, Worthen, Lepak,
Roberts (Eric), Gann,
Sterling, Roe, Kendrix,
Hilbert, Davis, West
(Josh), Bashore, West
(Kevin), Cornwell, Lowe
(Dick), Moore, West (Rick),
Grego, May, Townley,
Stearman, Olsen, Wolfley,
Stark, Dobrinski,
Patzkowsky, Talley, Newt on,
Williams, Miller, West
(Tammy), Lawson, Mize,
Hill, Hardin (David),
Steagall, Fetgatter,
Vancuren, Boatman,
Hasenbeck, Martinez,
Dempsey, Phillips,
McEntire, Kerbs, Boles,
Dills, Hardin (Tommy),
Sneed, Johns, Osburn,
Marti, Frix, Crosswhite
Hader, Baker, Conley,
O'Donnell, Strom, Humphrey,
Caldwell (Trey), Caldwell
(Chad), Burns, Ford,
McDugle, Wallace, Culver,
Smith, Echols and Roberts
(Sean) of the House
and
Daniels, Bullard and
Hamilton of the Senate
An Act relating to the United States; providing for
review of Presidential executive orders and federal
actions; prohibiting implementation of
unconstitutional actions; providing for codification;
and declaring an emergency .
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 101 of Title 80, unless there is
created a duplication in numbering, reads as follows:
A. The Legislature may review any executive order issued by the
President of the United States, federal agency rule or federal
congressional action to determine the constitutionality of such
action. Upon recommendation from the Legislature, the Attorney
General shall review such action by the federal government to
determine the constitutionality of the action and whether the state
should seek an exemption from the application of the action or seek
to have the action declared unconstitutional.
B. Should the Attorney General decline to pursue action based
upon the determination of the Legislature, the Legislature may
declare the action unconstitutional by a majority vote.
C. Notwithstanding any other provision of law, the state,
county, political subdivision or any other publicly funded
organization shall not implement any action that restricts a
person's rights or that the Office of the Attorney General or the
Legislature by a majority vote determines to be unconstitutional
under subsection A of this section and which relates to:
1. Pandemics or other health emergencies;
2. The regulation of natural resources, including oil and
natural gas;
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3. The regulation of the agriculture industry;
4. The use of land;
5. The regulation of the financial sector as it relates to
environmental, social or governance standards;
6. The regulation of the constitutional right to keep and bear
arms;
7. The regulation of education;
8. The regulation of interscholastic, intramural or other
extracurricular sports sponsored by an institution of higher
education, a school district or a charte r school; or
9. Any other powers reserved by the State of Oklahoma or the
people of Oklahoma.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENGR. H. B. NO. 1236 Page 4 1
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Passed the House of Representatives the 25th day of February,
2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate