Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1565 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1565 By: Weaver of the Senate
7	37
8	38		and
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10	40		Ford of the House
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15	45		An Act relating to the Attorney General; amending 74
16	46		O.S. 2021, Section 18b, which relates to duties of
17	47		the Attorney General; creati ng additional duty for
18	48		the Attorney General; clarifying liability for
19	49		conduct of law enforcement officers ; and providing an
20	50		effective date.
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25		-	SUBJECT: Authorizing the Attorney General to cross -deputize certain
26		-	law enforcement officers
27		-
28	55		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
29		-
30	56		SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, i s
31	57		amended to read as follows:
32		-
33	58		Section 18b. A. The duties of the Attorney General as the
34	59		chief law officer of the state shall be:
35		-
36	60		1. To appear for the state and prose cute and defend all actions
37	61		and proceedings, civil or criminal, in the Supreme Court and Court
38	62		of Criminal Appeals in which the state is intereste d as a party;
39		-
40	63		2. To appear for the state and pro secute and defend all actions
41	64		and proceedings in any of the f ederal courts in which the state is
42	65		interested as a party;
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44	93		3. To initiate or appear in any action in which the interests
45	94		of the state or the pe ople of the state are at issue, or to appear
46	95		at the request of the Governor, the Legislature, or either branch
47		-
48		-	ENR. S. B. NO. 1565 Page 2
49	96		thereof, and prosecute and defend in any court or before any
50	97		commission, board or officer s any cause or proceeding, civil or
51	98		criminal, in which t he state may be a party or interested; and when
52	99		so appearing in any such cause or proceeding, the Attorney Gener al
53	100		may, if the Attorney General deems it advisable and to the best
54	101		interest of the state , take and assume control of the prosecution or
55	102		defense of the state’s interest therein;
56		-
57	103		4. To consult with and advise district attorneys, when
58	104		requested by them, in a ll matters pertaining to the duties of their
59	105		offices, when the district attorneys shall furnish the Attorney
60	106		General with a written opinion sup ported by citation of authorities
61	107		upon the matter submitted;
62		-
63	108		5. To give an opinion in writing upon all questions of law
64	109		submitted to the Attorney General by the Legislature or either
65	110		branch thereof, or by any state officer, board, commission or
66	111		department, provided, that the Attorney General shall not furn ish
67	112		opinions to any but district attorneys, the Legislature o r either
68	113		branch thereof, or any other state official, board, commission or
69	114		department, and to them only upon matters in which they are
70	115		officially interested;
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72	143		6. At the request of the Governor, S tate Auditor and Inspector,
73	144		State Treasurer, or either branch of the Legislature, to prosecute
74	145		any official bond or any contract in which the state i s interested,
75	146		upon a breach thereof, and to prosecute or defend for the state all
76	147		actions, civil or crimina l, relating to any matter connected with
77	148		either of their Depa rtments;
78		-
79	149		7. Whenever requested by any state officer, board or
80	150		commission, to prepare pr oper drafts for contracts, forms and other
81	151		writing which may be wanted for the use of the state;
82		-
83	152		8. To prepare drafts of bills and resolutions for individual
84	153		members of the Legislature upon their written request stating the
85	154		gist of the bill or resolution desired;
86		-
87	155		9. To enforce the proper application of monies appropriated by
88	156		the Legislature and to prosecute b reaches of trust in the
89	157		administration of such funds;
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92		-	ENR. S. B. NO. 1565 Page 3
93	158		10. To institute actions to recover state monies illegally
94	159		expended, to recover state property and to prevent the illegal use
95	160		of any state property, upon the request of the Governor or the
96	161		Legislature;
97		-
98	162		11. To pay into the State Treasury, immediately upon its
99	163		receipt, all monies received by the Attorney General belonging to
100	164		the state;
101		-
102	165		12. To settle, compromise and dispose of an action in which the
103	166		Attorney General represents the interests of the state, so long as
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104	194		the consideration negotiated for such settlement, compromise or
105	195		disposition is payable to the state or one of its agencies which is
106	196		a named party of the action and any monies, any prop erty or other
107	197		item of value is paid first to the State Treas ury;
108		-
109	198		13. To keep and file copies of all opinions, contracts, forms
110	199		and letters of the office, and to keep an index of all opinions,
111	200		contracts and forms according to subject and section of the la w
112	201		construed or applied;
113		-
114	202		14. To keep a register or docket of all actions, demands and
115	203		investigations prosecuted, defended or conducted by the Attorney
116	204		General in behalf of the state . The register or docket sha ll give
117	205		the style of the case or investigatio n, where pending, court number,
118	206		office number, the gist of the matter, result and the names of the
119	207		assistants who handled t he matter;
120		-
121	208		15. To keep a complete office file of all cases and
122	209		investigations handled b y the Attorney General on behalf of the
123	210		state;
124		-
125	211		16. To report to the Legislature or either branch thereof
126	212		whenever requested upon any business relating to the duties of the
127	213		Attorney General’s office;
128		-
129	214		17. To institute civil actions against members of any s tate
130	215		board or commission for failure of su ch members to perform their
131	216		duties as prescribed by the statutes and the Constitution and to
132	217		prosecute members of any state bo ard or commission for violation of
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133	245		the criminal laws of this state where such violations have occurred
134	246		in connection with the perf ormance of such members ’ official duties;
135		-
136		-	ENR. S. B. NO. 1565 Page 4
137		-
138	247		18. To respond to any request for an opinion of the Attorney
139	248		General’s office, submitted by a member of the Legislature,
140	249		regardless of subject matter, by written opinion d eterminative of
141	250		the law regarding such su bject matter;
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143	251		19. To convene multicounty grand juries in such man ner and for
144	252		such purposes as provided by law; provided, such grand juries are
145	253		composed of citizens from each of the counties on a pro rata basis
146	254		by county;
147		-
148	255		20. To investigate any report b y the State Auditor and
149	256		Inspector filed with the Attorney General pu rsuant to Section 223 of
150	257		this title and prosecute all actions , civil or criminal, relating to
151	258		such reports or any irregularities or derelictions in t he management
152	259		of public funds or proper ty which are violations of the laws of this
153	260		state;
154		-
155	261		21. To represent and protect the collective interests of all
156	262		utility consumers of this state in rate-related proceedings before
157	263		the Corporation Commission or in any other state or federal judicial
158	264		or administrative proceeding;
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160	265		22. To represent and protect the collective interests of
161	266		insurance consumers of this state in rate -related proceedings before
162	267		the Insurance Commissioner or in any other state or federal judicia l
163	268		or administrative proceeding;
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165	296		23. To investigate and prosecute any criminal action relating
166	297		to insurance fraud, if in the opinion of the Attorney General a
167	298		criminal prosecution is warranted, or to refer such matters to the
168	299		appropriate district attorney ; and
169		-
170	300		24. To monitor and evaluate any action by the federal
171	301		government including, but not limited to, exec utive orders by the
172	302		President of the United States, rules or r egulations promulgated by
173	303		an agency of the federal government or acts of Congress to determine
174	304		if such actions are in violation of the Tenth Amendment to the
175	305		Constitution of the United States ; and
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177	306		25. To cross-deputize police officers of the police department
178	307		of any municipality or any officer deputized by the county sheriff
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180		-	ENR. S. B. NO. 1565 Page 5
181	308		or a designee subject to an interlocal governmental agreement with
182	309		the Attorney General’s Office in an effort to combine city, county,
183	310		and state law enforcement efforts and to enco urage cooperation
184	311		between city, county, and state law enforcement officials.
185	312		Liability for the conduct of any municipal police officer cross-
186	313		deputized under the terms and conditions of an i nterlocal
187	314		governmental agreement or any officer deput ized by the county
188	315		sheriff under the terms and conditions of an interlocal governmental
189	316		agreement shall remain the responsibility of the respective employer
190	317		for that officer.
191		-
192	318		B. Nothing in this sectio n shall be construed as requiring the
193	319		Attorney General to appear and def end or prosecute in any court any
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194	347		cause or proceeding for or on behalf of the Oklahoma Tax Commission,
195	348		the Board of Managers of the State Insurance Fund, or the
196	349		Commissioners of the La nd Office.
197		-
198	350		C. In all appeals from the Corporatio n Commission to the
199	351		Supreme Court of Oklahoma in which the state is a party, the
200	352		Attorney General shall have the right to designate counsel of the
201	353		Corporation Commission as the Attorney General ’s legally appointed
202	354		representative in such appeals, and it sha ll be the duty of the
203	355		Corporation Commission counsel to act when so designated and to
204	356		consult and advise wit h the Attorney General regarding such appeals
205	357		prior to taking action therein.
206		-
207	358		SECTION 2. This act shall become effective November 1, 2022.
208	359
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210		-	ENR. S. B. NO. 1565 Page 6
211		-	Passed the Senate the 22nd day of March, 2022.
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215		-	Presiding Officer of the S enate
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218		-	Passed the House of Representatives the 25th day of April, 2022.
219		-
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222		-	Presiding Officer of the House
223		-	of Representatives
224		-
225		-	OFFICE OF THE GOVERNOR
226		-	Received by the Office of the Governor this _______ _____________
227		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
228		-	By: _______________________________ __
229		-	Approved by the Governor of the State of Oklahoma this _____ ____
230		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
231		-
232		-	_________________________________
233		-	Governor of the State of Oklahoma
234		-
235		-
236		-	OFFICE OF THE SECRETARY OF STATE
237		-	Received by the Office of the Secretary of State this _______ ___
238		-	day of __________________, 20 _______, at _______ o'clo ck _______ M.
239		-	By: _______________________________ __
	360	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
	361	+	04/13/2022 - DO PASS.