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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 3972 By: Echols, Hefner, Cantrell,
Townley, Pittman, and
Alonso-Sandoval of the
House
and
Thompson (Roger) 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 public interest
standard; 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 publi c trust which has a municipal
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corporation as its beneficiary, or other political subdivision of
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 claims, 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 Sta tutes.
B. 1. The State of Oklahoma, through the 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 legal matters or proceedings within the
jurisdiction of the State of O klahoma.
2. Assignments to the State of Oklahoma shall be made in
accordance with applicable law.
C. 1. The Attorney General, upon accepting an assignment
pursuant to this section, shall have the authority to represent the
assigned claims in all legal m atters 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 General
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 when 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 such as:
a. protection of public health, safety, and welfare ;
b. economic vitality and job creation ;
c. environmental sustainability , and
d. equity and fair treatment for a ll citizens.
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SECTION 2. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effec t and
be in full force from and after its passage and approval.
59-2-11164 LRB 05/23/24