Oregon 2023 Regular Session

Oregon House Bill HB2120

Introduced
1/9/23  
Refer
1/11/23  

Caption

Relating to the Attorney General; prescribing an effective date.

Impact

The impact of HB 2120 on state laws involves a significant alteration to how the Attorney General operates within the legal system in Oregon. By requiring dual authorization, the bill aims to restrict unilateral decisions made by the Attorney General, potentially curbing misuse of power or legal resources in pursuing state interests. This could lead to a more unified approach to legal actions, aligning them more closely with the priorities and policies of the elected officials, thereby creating a landscape where legal proceedings reflect a broader governmental consensus.

Summary

House Bill 2120 establishes new requirements for the Oregon Attorney General regarding participation in lawsuits. Specifically, it mandates that the Attorney General must secure written authorization from at least two of three appointed officials—the Governor, Secretary of State, or State Treasurer—prior to appearing as a plaintiff or as amicus curiae in any court action. This measure aims to increase governmental oversight regarding legal actions initiated by the Attorney General, reflecting a shift towards greater checks on the authority held by this office. House Bill 2120 is set to take effect on the 91st day following the adjournment of the legislative session.

Sentiment

The sentiment surrounding House Bill 2120 is notably mixed. Proponents argue that this bill protects the interests of the state by ensuring accountability in legal matters, suggesting that the Attorney General's actions should be representative of a broader governmental mandate. In contrast, critics maintain that placing additional constraints on the Attorney General could hinder the office's ability to act swiftly and decisively in legal matters that may require immediate attention, leading to potential delays in justice or the state's ability to enforce laws effectively.

Contention

Themes of contention within the discussion of HB 2120 include debates over the balance of power within state governance and the ability of the Attorney General to fulfill their obligations effectively. Supporters see this as a necessary check against unilateral actions that could be politically motivated, while detractors caution that such regulations might constrain the legal capabilities of the state in complex or urgent situations. Additionally, there are concerns about how this may affect the timely prosecution of cases and advocacy in matters of public interest.

Companion Bills

No companion bills found.

Previously Filed As

OR HB3160

Attorney General; expanding scope of duties of the Attorney General; effective date.

OR HB2420

Law enforcement; directing the Attorney General to conduct certain investigations; effective date.

OR HB1236

Attorney General; duties of Attorney General; State Reserved Powers Protection Unit; providing for review of Presidential executive orders and federal actions; effective date; emergency.

OR HB2140

Relating to public defense; prescribing an effective date.

OR HB2296

Relating to public defense; prescribing an effective date.

OR HB4210

Attorney General; duties; data; human trafficking; Human Trafficking Response Unit; effective date; emergency.

OR SB1637

Election fraud; authorizing Attorney General to investigate and prosecute certain violations. Effective date.

OR SB1711

Attorney General; requiring monitoring and evaluation of certain actions. Effective date. Emergency.

OR SB689

Relating to rail; prescribing an effective date.

OR HB2310

Relating to drugs; prescribing an effective date.

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