Req. No. 486 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 940 By: Montgomery
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 18b, as last amended by Section 1,
Chapter 296, O.S.L. 20 22 (74 O.S. Supp. 2022, Section
18b), which relates to the duties o f the attorney
general; allowing the attorney general to investigate
certain purchases; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, as last
amended by Section 1, Chapter 296, O.S.L. 20 22 (74 O.S. Supp. 2022,
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:
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;
2. To appear for the sta te and prosecute and defend all actions
and proceedings in any of the federal c ourts in which the state is
interested as a party;
Req. No. 486 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 app ear
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; an d 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 matte rs pertaining to the duties of their
offices, when the district attorneys shall furnish the Attorney
General with a written opini on 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 shal l 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;
Req. No. 486 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. At the request of the G overnor, 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 prose cute 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 monies appropriated by
the Legislature and to p rosecute breaches of trust in the
administration of such funds;
10. To institute action s 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;
11. To pay into the State Treas ury, 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 t he
Attorney General represents the interests of the state, so long as
Req. No. 486 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the consideration neg otiated 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 proper ty or other
item of value is paid first to the S tate 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 t he Attorney
General in behalf of the state. The register or docket shall give
the style of the case or investigation, w here pending, court number,
office number, the g ist 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 busine ss 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 memb ers 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
Req. No. 486 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Att orney
General’s office, submitted by a member of the Legislature,
regardless of subject matter, by written opinion determinative of
the law regarding such subject ma tter;
19. To convene multicounty grand juries i n such manner and for
such purposes as prov ided 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 Stat e Auditor and
Inspector filed with the Attorney General pursuant to Section 223 of
this title and prosecute all actions, civil or crimin al, relating to
such reports or any irregularities or derelictions in the management
of public funds or property which a re violations of the laws of this
state;
21. To represent and protect the collective inter ests of all
utility consumers of this state i n rate-related proceedings before
the Corporation Commission or in any other state or federal judicial
or administrative proceeding;
22. To represent and protect the c ollective interests of
insurance consumers of this state in rate -related proceedings bef ore
the Insurance Commissioner or in any other state or federal judicial
or administrative proceeding;
Req. No. 486 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
23. To investigate and prosecute any criminal action relating
to insurance fraud, if in the opinion of the Attorney General a
criminal prosecution is wa rranted, or to refer such matters to the
appropriate district attorney;
24. To monitor and evaluate any action by the f ederal
government including, but not limited to , executive orders by the
President of the United States, rules or regulations promulgat ed 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 Sta tes; and
25. To maintain data related to h uman trafficking and to assist
law enforcement, social service agencies, and victim services
programs in identifying and supporting victims of human trafficking ;
and
26. To investigate land ownership and purchases of foreign
entities around military installations in this state.
B. Nothing in this se ction 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 C ommission,
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 ri ght to designate counsel of the
Req. No. 486 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Corporation Commission as the Attorney General ’s legally appointed
representative in such appeals, and it shall be the duty of t he
Corporation Commission counsel to act when so designated and to
consult and advise with the A ttorney General regarding such appeals
prior to taking action therein.
SECTION 2. This act shall become effective November 1, 2023.
59-1-486 KR 1/19/2023 11:03:04 AM