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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2430 By: Echols, Wallace, Roberts,
and Wolfley of the House
and
Weaver and Hicks of the
Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to state government; defining terms;
authorizing certain assignment of claims to the
Attorney General; providing sc ope of authority;
providing for limitations; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 20m of Title 74, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Person" means a natural person, corporation, partne rship,
limited liability company, proprietorship, association, municipal
corporation, including any public trust whi ch has a municipal
corporation as its beneficiary, or other political subdivision of
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this state, including any public trust which has a poli tical
subdivision as its beneficiary, or any other legal entity ; and
2. "Assignment" means the transfer of any clai ms, causes of
actions or rights held by a person against another party to the
State of Oklahoma by the Attorney General. Assignment completely
transfers the person's legal rights to the Attorney General and
creates privity between the Attorney General and the party against
whom the claims are instituted, authorizing the Attorney General to
stand in the shoes of the person. Assignment only includes
affirmative claims and not liabilities of the person as defined in
subsection D of Section 2013 of Title 12 of the Oklahoma Statutes.
B. 1. The State of Oklahoma, through the Oklahoma Attorney
General, is hereby explicitly authorized to accept assignments from
any person, as defined subsection A of this section, for the purpose
of representing said claims in le gal matters or proceedings within
the jurisdiction of the State of Oklahoma.
2. Assignments to the State of Oklahoma shall be made in
accordance with applicable law.
C. 1. The Oklahoma Attorney General, upon accepting an
assignment pursuant to this stat ute, shall have the authority to
represent the assigned claims in all legal matters or proceedings.
2. The Attorney General shall ex ercise the same duties and
responsibilities towards the assigned claims as towards any other
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claims managed by the Office of the Attorney General, subject to the
terms and conditions of an assignment agreement.
D. 1. Nothing in this statute shall be construe d to require
the Oklahoma Attorney General to accept any assignment, nor shall it
limit the Attorney General 's discretion to decline an assignment for
any reason deemed appropriate by the Attorney General or his or her
designee.
2. Assigned claims are not sub ject to Section 20i of Title 74
of the Oklahoma Statutes .
3. All legal rights and benefits given to the Attorney G eneral
shall remain in full force and effect for the assigned claims.
E. 1. In carrying out the provisions of this section, the
Office of the Attorney General shall only accept assignment wh en it
determines it is in the best interest of the public.
2. In determining the best interest of the public, the Attorney
General shall consider factors s uch as:
a. protection of public health, safety, and welfare ,
b. economic vitality and job creation ,
c. environmental sustainability, and
d. equity and fair treatme nt for all citizens.
SECTION 2. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effec t and
be in full force from and after its passage and approval.
59-2-11180 LRB 05/27/24