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ENGROSSED SENATE
BILL NO. 419 By: Daniels and Bullard of the
Senate
and
Lepak of the House
An Act relating to the Attorney General; amending 74
O.S. 2021, Section 18c, which relates to employment
of attorneys; authorizing certain entities to empl oy
or appoint attorneys; updating statutory language;
updating statutory references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 18c, is
amended to read as follows:
Section 18c. A. 1. Except as otherwise provided by this
subsection, no state officer, board or commission shall have
authority to employ or appoint attorneys to advise or represent said
the officer, board or commission in any m atter.
2. The provisions of this subsection shall not apply to the
Corporation Commission, the Council on Law Enforc ement Education and
Training, the Commission on Consumer Credit Commission, the Board of
Managers of the State Insurance Fund, the Oklahoma Tax Commission,
the State Treasurer, the Commissioners of the Land Office, the
Oklahoma Public Welfare Commission also known as the Commission for
Human Services, the State Board of Corrections, the Oklahoma Health
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Care Authority, the Department of Public Safety, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, the Transportation Commission,
the Oklahoma Energy Resources Board, the Oklahoma Merit Protection
Commission, the Office of Management and Enterprise Services, the
Oklahoma Water Resources Board, the Department of Labor, the
Oklahoma Department of Agriculture, Food, and Forestry, the
Department of Wildlife Conservation, the Oklahoma Wildlife
Conservation Commission, the Northeast Oklahoma Public Facilities
Authority, the Oklahoma Firefighters Pension and Retirement System,
the Oklahoma Public Em ployees Retirement System, the Uniform
Retirement System for Justices and Judges, the Oklahoma Conservation
Commission, the Office of Juven ile Affairs, the State Board of
Pharmacy and the Oklahoma Department of Veterans Affairs.
3. The provisions of paragraph 2 of this subsection shall not
be construed to authorize the Office of Juvenile Affairs to employ
any attorneys that are not specifica lly authorized by law.
4. All the legal duties of such officer, board or commission
shall devolve upon and are hereb y vested in the Attorney General;
provided that:
a. the Governor shall have authority to employ special
counsel to protect the rights or in terest of the state
as provided in Section 6 of this title, and
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b. liquidation agents of banks shall have the authority
to employ local counsel, with the consent of the Bank
Commissioner and the Attorney General and the approval
of the district court.
B. At the request of any state officer, board or commission,
except the Corporation Commission, the Board of Managers of the
CompSource Oklahoma, Oklahoma Tax Commission and the Commissioners
of the Land Office, the Grand River Dam Authority, the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
Beverage Laws Enforcement Commission, the Oklahoma Firefighters
Pension and Retirement System, the Oklahoma Public Employees
Retirement System, the Uniform Retirement System for Justices and
Judges and the Interstate Oil and Gas Compact Commission, the
Attorney General shall defend any action in which they may be sued
in their official capacity. At the request of any such state
officer, board or commission, the Attorney General shall have
authority to institute suits in the name of the State of Oklahoma on
their relation, if after investigation the Attorney General is
convinced there is sufficient legal merit to justify the action.
C. Any officer, board or commission which has the authority to
employ or appoint attorneys may request that the Attorney General
defend any action arising pursuant to the provis ions of The
Governmental Tort Claims Act.
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D. Nothing in this section shall be construed to repeal or
affect the provisions of the statutes of this state pertaining to
attorneys and legal advisors of the several commissions and
departments of state specified in subsection B of this section, and
all acts and parts of acts pertaining thereto shall be and remain in
full force and effect.
SECTION 2. This act shall become effective November 1, 2025.
Passed the Senate the 17th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives