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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR 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,
Strom, Caldwell (Trey),
Caldwell (Chad), Burns,
Ford, McDugle, Wallace,
Culver, Smith, Echols,
Roberts (Sean), McBride and
Pfeiffer of the House
and
Treat, Daniels, Bullard,
Hamilton, Quinn, Stephens,
Standridge, Pemberton,
Rogers, Newhouse, Haste,
Weaver, David, Leewright,
Thompson, Montgomery, Hall,
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Murdock, Allen, Howard and
Jech of the Senate
CONFERENCE COMMITTEE SUBSTITUTE
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 d uties 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 Genera l to take
certain actions under certain circumstances;
providing for review of Presidential executive orders
and federal actions; prohibiting implementation of
unconstitutional actions; 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 r ead as follows:
Section 18b. A. The duties of the Attorney General as the
chief law officer of the state shall be:
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 interested as a party;
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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 ass ume 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 At torney
General with a written opinion supported 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
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
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department, and to them onl y 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 fo r 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 monies 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 preven t the illegal use
of any state property, upon the request of the Governor or the
Legislature;
11. To pay into the State Treasury, immediately upon its
receipt, all monies received by the Attorney General belonging to
the state;
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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 or 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;
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
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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 o f
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 Auditor 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 violations of the laws of this
state;
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 proceeding;
22. To represent and protect the collective interests of
insurance consumers of this state in rate -related proceedings before
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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 the 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 Tenth 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.
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 designate 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
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consult and advise with the Attorney General 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 follows:
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 or ders 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 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 action declared
unconstitutional.
SECTION 3. 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
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action. Upon recommendation from the Legislature, the Attorney
General, through the State Reserved Powers Protection Unit, 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 se ek to have the
action declared unconstitutional by a court of competent
jurisdiction and prevent, prohibit or enjoin enforcement of the
unconstitutional order, rule or action.
B. Should the Attorney General decline to pursue action based
upon the determination of the Legislature, the Legislature may by a
majority vote initiate an action to seek an exemption from the
application of the action or seek to have the action declared
unconstitutional by a court of competent jurisdiction and prevent,
prohibit or enjoin enforcement of the unconstitutional order, rule
or action.
C. Notwithstanding any other provision of law, the state,
county, political subdivision or any other publicly funded
organization shall not implement, adopt or enforce any order,
federal agency rule or federal congressional action declared
unconstitutional by a court of competent jurisdiction under
subsection A or B of this section including, but not limited to:
1. Pandemics or other health emergencies;
2. The regulation of natural resource s, 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 righ t 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 charter school; or
9. Any other powers res erved by the State of Oklahoma or the
people of Oklahoma.
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an em ergency 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.
58-1-8268 LRB 05/11/21