Oklahoma 2022 Regular Session

Oklahoma House Bill HB2600 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
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35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 2600 By: Roberts (Sean)
	32	+	HOUSE BILL 2600 By: Roberts (Sean)
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43		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
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45	40		An Act relating to counties and county officers;
46		-	providing for right of confidential communications
47		-	with legal counsel; defining certain conduct to
48		-	constitute conflict of interest; prescribing
49		-	procedures for district attorney office based upon
50		-	prior representation in certain matters; authorizing
51		-	waiver of conflict; prescribing procedures for
52		-	referral of matters to the Attorney General;
53		-	providing for impeachment of district attorney for
54		-	violation of requirements; providing certain conduct
55		-	constitutes misuse of state funds; amending 19 O.S.
56		-	2011, Section 215.4, which relates to legal
57		-	representation; providing for county to engage legal
58		-	counsel; providing for approval by board of county
59		-	commissioners; authorizing retention of separate
60		-	counsel; amending 19 O.S. 2011, Section 215.5, which
61		-	relates to advice to cou nty officers; providing
62		-	exception based on retention of separate counsel;
63		-	authorizing retention of separate counsel; amending
64		-	19 O.S. 2011, Section 215.37M, which relates to
65		-	contract with private attorneys; providing for
66		-	discretion by board of county commi ssioners with
67		-	respect to civil actions; providing special assistant
68		-	district attorneys deemed agents of district attorney
69		-	offices with respect to conflict of interest;
70		-	amending 19 O.S. 2011, Section 431, which relates to
71		-	certain appeals; modifying procedur es related to
72		-	appeals based on petition process; providing for
73		-	codification; and declaring an emergency.
	41	+	creating the County Reform Act of 2021; providing for
	42	+	noncodification; and provi ding an effective date.
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77		-	HB2600 HFLR Page 2
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103	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
104		-	SECTION 1. NEW LAW A new section of law to be codified
105		-	in the Oklahoma Statutes as Section 215.1A of Title 19, unless there
106		-	is created a duplication in numbering, reads as follows:
107		-	A. All persons, in both their official capacities and their
108		-	individual capacities, have a right to be able to speak
109		-	confidentially to thei r legal counsel and receive confidential
110		-	advice from that counsel. It is a conflict of interest for a
111		-	district attorney's office to investigate or prosecute any person or
112		-	entity, or the employees, trustees and agents of an entity, for whom
113		-	the prosecutor's office has acted as legal counsel, whether that
114		-	person or entity was acting in their official capacity or in their
115		-	individual capacity.
116		-	B. If a district attorney's office becomes aware of potential
117		-	criminal activity by a person or entity for whom the di strict
118		-	attorney's office has acted at any time as legal counsel, the
119		-	district attorney's office may:
120		-	1. Inform the person or entity, and ask if the person or entity
121		-	wishes to waive the conflict of interest; or
122		-	2. Refer the matter to the Attorney General' s office; or
123		-	3. Take no action.
124		-	C. If the person or entity waives the conflict of interest,
125		-	then the district attorney's office may proceed with the
126		-	investigation and/or prosecution.
	49	+	SECTION 1. NEW LAW A new section of law not to be
	50	+	codified in the Oklahoma Statutes reads as follows:
	51	+	This act shall be known and may be cited as the "County Reform
	52	+	Act of 2021".
	53	+	SECTION 2. This act shall become effective November 1, 2021.
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128		-	HB2600 HFLR Page 3
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154		-	D. If the district attorney's office refers the matter to the
155		-	Attorney General, the Attorney General may:
156		-	1. Investigate and/or prosecute the matter; or
157		-	2. Refer the matter to a different district attorney's office
158		-	for investigation and/or prosecution; or
159		-	3. Take no action.
160		-	E. A district attorney whose office investigate s and/or
161		-	prosecutes a matter in violation of this act shall be subject to
162		-	impeachment.
163		-	F. The use of state resources for an investigation and/or
164		-	prosecution in violation of this act shall constitute a misuse of
165		-	state funds. This section shall apply only to counties with a
166		-	population exceeding two hundred fifty thousand (250,000).
167		-	SECTION 2. AMENDATORY 19 O.S. 2011, Section 215.4, is
168		-	amended to read as follows:
169		-	Section 215.4 The Each county is entitled to counsel of its own
170		-	choice, as determined by the board of county commissioners. Except
171		-	where a county has retained separate counsel and then only for civil
172		-	matters, not criminal matters, the district attorney, assistant
173		-	district attorneys, or special assistant district attorneys
174		-	authorized by subsection C of Section 215.37M of this title, shall
175		-	appear in all trial courts and prosecute all actions for crime
176		-	committed in the district, whether the venue is changed or not; the
177		-	district attorney or assistant district attorneys shall pr osecute or
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179		-	HB2600 HFLR Page 4
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205		-	defend in all courts, state and federal, in any county in this
206		-	state, all civil actions or proceedings in which any county in the
207		-	district is interested, or a party unless representation for the
208		-	county is provided pursuant to subsection A of Sec tion 215.37M of
209		-	this title; and the district attorney or assistant district
210		-	attorneys shall assist the grand jury, if required, pursuant to
211		-	Section 215.13 of this title. The district attorney may at all
212		-	times request the assistance of district attorneys, assistant
213		-	district attorneys, district attorney investigators from other
214		-	districts, or any attorney employed by the District Attorneys
215		-	Council who then may appear and assist in the prosecution of actions
216		-	for crime or assist in investigation of crime in lik e manner as
217		-	assistants or investigators in the district. Nothing in this
218		-	section shall be construed to inhibit county officers from retaining
219		-	their own separate counsel as allowed by law. This section shall
220		-	apply only to counties with a population exceed ing two hundred fifty
221		-	thousand (250,000).
222		-	SECTION 3. AMENDATORY 19 O.S. 2011, Section 215.5, is
223		-	amended to read as follows:
224		-	Section 215.5 The Except where the county has retained separate
225		-	counsel, the district attorney or his ass istants shall give opinion
226		-	and advice to the board of county commissioners and other civil
227		-	officers of his counties when requested by such officers and boards,
228		-	upon all matters in which any of the counties of his district are
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230		-	HB2600 HFLR Page 5
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256		-	interested, or relating to the duties of such boards or officers in
257		-	which the state or counties may have an interest. Nothing in this
258		-	section shall be construed to inhibit county officers from retaining
259		-	their own separate counsel as allowed by law. This section shall
260		-	apply only to counties with a population exceeding two hundred fifty
261		-	thousand (250,000).
262		-	SECTION 4. AMENDATORY 19 O.S. 2011, Section 215.37M, is
263		-	amended to read as follows:
264		-	Section 215.37M A. If the district attorney and At the
265		-	discretion of the board of county commissioners of any county agree,
266		-	legal representation in any civil case in which the county is
267		-	interested or a party and the district attorney is required to
268		-	represent the county pursuant to Section 215.4 of this title may be
269		-	provided by contract with a private attorney. The costs of such
270		-	contract shall be paid by the board of county commissioners out of
271		-	its account for general government operation, or other account, as
272		-	may be appropriate.
273		-	B. If the district attorney and At the discretion of the board
274		-	of county commissioners of any county agree, legal representation in
275		-	any civil case in which a county officer or employee is a party and
276		-	the district attorney is required to represent the county pursuant
277		-	to Section 215.25 of this title may be provided by contract with a
278		-	private attorney. The costs of such contract shall be paid by the
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280		-	HB2600 HFLR Page 6
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306		-	board of county commissioners out of its account for general
307		-	government operation, or other account, as may be appropriate.
308		-	C. If a district attorney and th e District Attorneys Council
309		-	agree, prosecution of any criminal matter may be provided by
310		-	contract with an attorney not employed by a district attorney, who
311		-	shall be designated as a special assistant district attorney, if the
312		-	case load of the office of the district attorney is such that
313		-	adequate representation of the interest of the state is not possible
314		-	without appointment of one or more special assistant district
315		-	attorneys. The special assistant district attorney shall be
316		-	appointed by the district attorn ey. The special assistant district
317		-	attorney may serve with or without compensation ,; however,
318		-	compensation shall be allowed only if the cost of compensation can
319		-	be paid out of funds for the current fiscal year, designated for the
320		-	salaries and operating ex penses, for the office of the district
321		-	attorney requesting the appointment or appointments. No
322		-	supplemental appropriations shall be authorized for appointment of
323		-	special assistant district attorneys. A special assistant district
324		-	attorney appointed by the district attorney shall be deemed an agent
325		-	of the district attorney's office in determining whether a conflict
326		-	of interest exists pursuant to this act.
327		-	D. If the district attorney and the board of education of any
328		-	school district agree, legal representat ion in any ad valorem tax
329		-	matter in which the district attorney is required to represent the
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331		-	HB2600 HFLR Page 7
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357		-	school district may be assisted by an attorney employed or retained
358		-	by the school district. The board of education is authorized to pay
359		-	the costs of such represen tation out of its account for general
360		-	government operation, or other account, as may be appropriate.
361		-	However, this subsection shall not be construed to permit a school
362		-	district or any other entity to be a party to the proceeding or give
363		-	standing to such entity to be a party to the civil case in which the
364		-	county is interested. This section shall apply only to counties
365		-	with a population exceeding two hundred fifty thousand (250,000).
366		-	SECTION 5. AMENDATORY 19 O.S. 2011, Section 431, is
367		-	amended to read as follows:
368		-	Section 431. From all decisions of the board of commissioners,
369		-	upon matters properly before them, there shall be allowed an appeal
370		-	to the district court by any persons aggrieved, including the county
371		-	by its district attorne y, upon filing a bond with sufficient
372		-	penalty, and one or more sureties to be approved by the county
373		-	clerk, conditioned that the appellant will prosecute his or her
374		-	appeal without delay, and pay all cost that he or she may be
375		-	adjudged to pay in the said di strict court; said bond shall be
376		-	executed to the county, and may be sued in the name of the county
377		-	upon breach of any condition therein ; provided, that the district
378		-	attorney, upon the written demand of at least fifteen (15)
379		-	freeholders of the county, shall take an appeal from any action of
380		-	the board of county commissioners when said action relates to the
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382		-	HB2600 HFLR Page 8
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408		-	interest or affairs of the county at large or any portion thereof,
409		-	in the name of the county, when he deems it to the interest of the
410		-	county so to do; and in such case no bond shall be required or given
411		-	and upon serving the notice provided for in the next section the
412		-	county clerk shall proceed the same as if a bond had been filed;
413		-	provided, further, that if the district attorney shall fail or
414		-	refuse to appeal after the written demand of the said fifteen (15)
415		-	freeholders, then any . Any resident taxpayer of the county may be
416		-	considered a person aggrieved and may appeal upon filing a bond with
417		-	sufficient penalty, as provided in the foregoing portion of this
418		-	paragraph. This section shall apply only to counties with a
419		-	population exceeding two hundred fifty thousand (250,000).
420		-	SECTION 6. It being immediately necessary for the preservation
421		-	of the public peace, health or safety, an emergency is here by
422		-	declared to exist, by reason whereof this act shall take effect and
423		-	be in full force from and after its passage and approval.
424		-
425		-	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
426		-	02/25/2021 - DO PASS, As Amended.
	55	+	58-1-7083 AMM 01/10/21