Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1711 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 1711 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	2nd Session of the 58th Legislature (2022)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 1711 By: Howard and Treat of the
37	30		Senate
38	31
39	32		and
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41	34		McCall of the House
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47	40		[ Attorney General - monitor and evaluate certain
48	41		actions - effective date -
49	42		emergency ]
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55	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	49		SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, is
57	50		amended to read as follows:
58	51		Section 18b. A. The duties of the Attorney General as the
59	52		chief law officer of the state shal l be:
60	53		1. To appear for the state and pros ecute and defend all actions
61	54		and proceedings, civil or criminal, in the Supreme Court and Court
62	55		of Criminal Appeals in which the state is intereste d as a party;
63	56		2. To appear for the state and prosecute and defend all actions
64	57		and proceedings in any of the federal courts in which the state is
65	58		interested as a party;
	59	+	3. To initiate or appear in any action in which the interests
	60	+	of the state or the pe ople of the state are at issue, or to appear
	61	+	at the request of the Go vernor, the Legislature, or either branch
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67		-	SB1711 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 1711 Page 2 1
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93		-	3. To initiate or appear in any action in which the interests
94		-	of the state or the pe ople of the state are a t issue, or to appear
95		-	at the request of the Go vernor, the Legislature, or either branch
96	88		thereof, and prosecute and defend in any court or before any
97	89		commission, board or officers any cause or proceedi ng, civil or
98	90		criminal, in which t he state may be a party or interested; and when
99	91		so appearing in any s uch cause or proceeding, the Attorney Gene ral
100	92		may, if the Attorney General deems it advisable and to the best
101	93		interest of the state, take and assume contr ol of the prosecution or
102	94		defense of the state’s interest therein;
103	95		4. To consult with and advise distr ict attorneys, when
104	96		requested by them, in all matters pertaining to the duties of their
105	97		offices, when the district attorneys shall furnish the Attorney
106	98		General with a written opinion sup ported by citation of authorities
107	99		upon the matter submitted;
108	100		5. To give an opinion in writing upon all question s of law
109	101		submitted to the Attorney General by the Legislature or either
110	102		branch thereof, or by any state officer, board, commission or
111	103		department, provided, that the Attorney General shall not furnish
112	104		opinions to any but district attorneys, the Legislature or either
113	105		branch thereof, or any other state official, board, commission or
114	106		department, and to them only upon ma tters in which they are
115	107		officially interested;
	108	+	6. At the request of the Governor, State Auditor and I nspector,
	109	+	State Treasurer, or either branc h of the Legislature, to prosecute
	110	+	any official bond or any contract in which the state is interested,
	111	+	upon a breach thereof, and to prosecute or defend for the state all
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117		-	SB1711 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	113	+	ENGR. S. B. NO. 1711 Page 3 1
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143		-	6. At the request of the Governor, State Auditor and I nspector,
144		-	State Treasurer, or either branc h of the Legislature, to prosecute
145		-	any official bond or any contract in which the state is interested,
146		-	upon a breach thereof, and to prosecute or defend for the state a ll
147	138		actions, civil or criminal, relating to any matter connected with
148	139		either of their Departments;
149	140		7. Whenever requested by any state officer, board or
150	141		commission, to prepare proper drafts for contrac ts, forms and other
151	142		writing which may be wanted for the use of the state;
152	143		8. To prepare drafts of bil ls and resolutions for individual
153	144		members of the Legislature upon their written request stating the
154	145		gist of the bill or resolution desired;
155	146		9. To enforce the proper application of monies appropriated by
156	147		the Legislature and to prosecute breaches of trust i n the
157	148		administration of such funds;
158	149		10. To institute actions to recover state monies illegally
159	150		expended, to recover state property and to prevent the ill egal use
160	151		of any state property, upon the request of the Governor or the
161	152		Legislature;
162	153		11. To pay into the State Treasury, immediately upon its
163	154		receipt, all monies received by the Attorney General belonging to
164	155		the state;
165	156		12. To settle, compromise and dispo se of an action in which the
166	157		Attorney General represents the interests of the state, so long as
	158	+	the consideration negotiated for such settlement , compromise or
	159	+	disposition is payable to the state or one of its agencies which is
	160	+	a named party of the action and any monies, any prop erty or other
	161	+	item of value is paid first to the State Treasury;
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168		-	SB1711 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	163	+	ENGR. S. B. NO. 1711 Page 4 1
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194		-	the consideration negotiated for such settlement , compromise or
195		-	disposition is payable to the state or one of its agencies which is
196		-	a named party of the action and any monies, any prop erty or other
197		-	item of value is paid first to the State Treasury;
198	188		13. To keep and file copies of all opinions, contracts , forms
199	189		and letters of the office, and to keep an index of all opinions,
200	190		contracts and forms according to subjec t and section of the la w
201	191		construed or applied;
202	192		14. To keep a register or docket of all actions, deman ds and
203	193		investigations prosecuted, defended or conducted by the Attorney
204	194		General in behalf of the state . The register or docket shall give
205	195		the style of the case or investigatio n, where pending, court number,
206	196		office number, the gist of the matter, result an d the names of the
207	197		assistants who handled the matter;
208	198		15. To keep a complete office file of all cases and
209	199		investigations handled by the Attorney General on behalf of the
210	200		state;
211	201		16. To report to the Legislature or either branch thereof
212	202		whenever requested upon any business relating to the duties o f the
213	203		Attorney General’s office;
214	204		17. To institute civil actions against members of any state
215	205		board or commission for failure of such members to perform their
216	206		duties as prescribed by the statutes and the Constituti on and to
217	207		prosecute members of any state b oard or commission for violation of
	208	+	the criminal laws of this state where such violations have occurred
	209	+	in connection with the performance of such members ’ official duties;
	210	+	18. To respond to any request for an opi nion of the Attorney
	211	+	General’s office, submitted by a member of the Legislature,
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219		-	SB1711 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	213	+	ENGR. S. B. NO. 1711 Page 5 1
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245		-	the criminal laws of this state where such violations have occurred
246		-	in connection with the performance of such members ’ official duties;
247		-	18. To respond to any request for an opi nion of the Attorney
248		-	General’s office, submitted by a member of the Legislature,
249	238		regardless of subject matter, by written opinion determinative of
250	239		the law regarding such subject matter;
251	240		19. To convene multicounty grand juries in such manner and for
252	241		such purposes as provided by law; provided, such grand juries are
253	242		composed of citizens from each of the counties on a pro rata basis
254	243		by county;
255	244		20. To investigate any report by the State Auditor and
256	245		Inspector filed with the Attorney General pursuant to Section 223 of
257	246		this title and prosecute all action s, civil or criminal, relating to
258	247		such reports or any irregularities or derelictions in the management
259	248		of public funds or property which are violations of the laws of this
260	249		state;
261	250		21. To represent and protect the c ollective interests of all
262	251		utility consumers of this state in rate-related proceedings before
263	252		the Corporation Commission or in any other state or federal judicial
264	253		or administrative proceeding;
265	254		22. To represent and protect the collective interests of
266	255		insurance consumers of this state in rate -related proceedings before
267	256		the Insurance Commissioner or in any other state or federal judicial
268	257		or administrative pro ceeding;
	258	+	23. To investigate and prosecute any criminal action relating
	259	+	to insurance fraud, if in the opinion of the Attorney General a
	260	+	criminal prosecution is warranted, or to refer such matters to the
	261	+	appropriate district attorney ; and
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270		-	SB1711 HFLR Page 6
271		-	BOLD FACE denotes Committee Amendments. 1
	263	+	ENGR. S. B. NO. 1711 Page 6 1
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296		-	23. To investigate and prosecute any criminal action relating
297		-	to insurance fraud, if in the opinion of the Attorney General a
298		-	criminal prosecution is warranted, or to refer such matters to the
299		-	appropriate district attorney ; and
300	288		24. To monitor and evaluate any action by the federal
301	289		government including, but not limited to, executive orders by the
302	290		President of the United States, rules or regulations promulgated by
303	291		an agency of the federal government or acts of Congress to determine
304	292		if such actions are in violation of the Tenth Amendment to the
305	293		Constitution of the United States ; and
306	294		25. To monitor and evaluate any action by the federal
307	295		government including, but not limited to, executive orders by the
308	296		President of the United States, rules or regulations promulgated by
309	297		an agency of the federal government or acts of Congress, practice,
310	298		or policy that infringes on an individual’s religious liberties in
311	299		the workplace.
312	300		B. Nothing in this section shall be construed as requiring the
313	301		Attorney General to appear and defend or prosecute in any court any
314	302		cause or proceeding for or on behalf of the Oklahoma Tax Commission,
315	303		the Board of Managers of the St ate Insurance Fund, or the
316	304		Commissioners of the Land Office.
317	305		C. In all appeals from the Corporatio n Commission to the
318	306		Supreme Court of Oklahoma in which the state is a party, the
319	307		Attorney General shall have the right to designate counsel of the
	308	+	Corporation Commission as the Attorney General’s legally appointed
	309	+	representative in such appeals, and it sha ll be the duty of the
	310	+	Corporation Commission counsel to act when so designated and to
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321		-	SB1711 HFLR Page 7
322		-	BOLD FACE denotes Committee Amendments. 1
	312	+	ENGR. S. B. NO. 1711 Page 7 1
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347		-	Corporation Commission as the Attorney General’s legally appointed
348		-	representative in such appeals, and it sha ll be the duty of the
349		-	Corporation Commission counsel to act when so d esignated and to
350	337		consult and advise wit h the Attorney General regarding such appeals
351	338		prior to taking action therein.
352	339		SECTION 2. AMENDATORY 80 O.S. 2021, Section 101, is
353	340		amended to read as follows:
354	341		Section 101. A. The Legislature may review any executive order
355	342		issued by the President of the United States, federal agency rule or
356	343		federal congressional action to determine the constituti onality of
357	344		such action. Upon recommendation from the Legislature, the Attorney
358	345		General, through the State Reserved Powers Protection Unit , shall
359	346		review such action by the federal government to determine the
360	347		constitutionality of the action and whether the state should seek an
361	348		exemption from the application of the action or seek to have the
362	349		action declared unconstitutional by a court of competent
363	350		jurisdiction and prevent, prohibit or enjoin enforcement of the
364	351		unconstitutional order, rule or action .
365	352		B. Should the Attorney General decline to pursue action based
366	353		upon the determination of the Legislature, the Legislature may by a
367	354		majority vote initiate an action to seek an exemption from the
368	355		application of the action or seek to have the action declared
369	356		unconstitutional by a court of competent jurisdiction and prevent,
	357	+	prohibit or enjoin enforcement of the unconstitutional order, rule
	358	+	or action.
	359	+	C. Notwithstanding any other pr ovision of law, the state,
	360	+	county, political subdivision or any other publicly funded
370	361
371		-	SB1711 HFLR Page 8
372		-	BOLD FACE denotes Committee Amendments. 1
	362	+	ENGR. S. B. NO. 1711 Page 8 1
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397		-	prohibit or enjoin enforcement of the unconstitutional order, rule
398		-	or action.
399		-	C. Notwithstanding any other pr ovision of law, the state,
400		-	county, political subdivision or any other publicly funded
401	387		organization shall not implement , adopt or enforce any order,
402	388		federal agency rule or federal congressional action declared
403	389		unconstitutional by a court of competent jurisd iction under
404	390		subsection A or B of this section including, but not limited to:
405	391		1. Pandemics or other health emergencies;
406	392		2. The regulation of natural r esources, including oil and
407	393		natural gas;
408	394		3. The regulation of the agriculture i ndustry;
409	395		4. The use of land;
410	396		5. The regulation of the financial sector as it relates to
411	397		environmental, social or governance standards;
412	398		6. The regulation of the constitution al right to keep and bear
413	399		arms;
414	400		7. The regulation of education;
415	401		8. The regulation of interscholastic, intramural or other
416	402		extracurricular sports sponsored by an institution of higher
417	403		education, a school district or a charter school;
418	404		9. The protection of religious liberties in the workplace; or
419	405		9. 10. Any other powers reserved by the State of Oklahoma or
420	406		the people of Oklaho ma.
	407	+	SECTION 3. This act shall become effective July 1, 2022.
	408	+	SECTION 4. It being immediately necessary for the preservation
	409	+	of the public peace, health or safety, an emergency is hereby
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422		-	SB1711 HFLR Page 9
423		-	BOLD FACE denotes Committee Amendments. 1
	411	+	ENGR. S. B. NO. 1711 Page 9 1
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448		-	SECTION 3. This act shall become effective July 1, 2022.
449		-	SECTION 4. It being immediately necessary for the preservation
450		-	of the public peace, health or safety, an emergency is hereby
451	436		declared to exist, by reason whereof this act shall take effect and
452	437		be in full force from and after its passage an d approval.
	438	+	Passed the Senate the 21st day of March, 2022.
453	439
454		-	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 04/05/2022 - DO PASS,
455		-	As Amended.
	440	+
	441	+
	442	+	Presiding Officer of the Senate
	443	+
	444	+
	445	+	Passed the House of Representatives the ____ day of __________,
	446	+	2022.
	447	+
	448	+
	449	+
	450	+	Presiding Officer of the House
	451	+	of Representatives
	452	+