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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 170 By: Hall
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6 AS INTRODUCED
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7 An Act relating to the Attorney General; amending 74
7 O.S. 2021, Section 18b, as last amended by Section
8 170, Chapter 452, O.S.L. 2024 (74 O.S. Supp. 2024,
8 Section 18b), which relates to duties of the Attorney
9 General; modifying duty related to deposit of certain
9 monies; updating statutory language; and declaring an
10 emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, as last
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14 amended by Section 170, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
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15 2024, Section 18b), is amended to read as follows:
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16 Section 18b. A. The duties of the Attorney General as the
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17 chief law officer of the state shall be:
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18 1. To appear for the state and prosecute and defend all actions
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19 and proceedings, civil or criminal, in the Supreme Court and Court
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20 of Criminal Appeals in which the state is interested as a party;
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21 2. To appear for the state and prosecute and defend all actions
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22 and proceedings in any of the federal courts in which the state is
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23 interested as a party;
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1 3. To initiate or appear in any action in which the interests
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2 of the state or the people of the state are at issue, or to appear
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3 at the request of the Governor, the Legislature, or either branch
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4 thereof, and prosecute and defend in any court or before any
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5 commission, board or officers any cause or proceeding, civil or
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6 criminal, in which the state may be a party or interested; and when
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7 so appearing in any such cause or proceeding, the Attorney General
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8 may, if the Attorney General deems it advisable and to the best
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9 interest of the state, take and assume control of the prosecution or
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10 defense of the state's interest therein;
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11 4. To consult with and advise district attorneys, when
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12 requested by them, in all matters pertaining to the duties of their
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13 offices, when the district attorneys shall furnish the Attorney
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14 General with a written opinion supported by citation of authorities
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15 upon the matter submitted;
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16 5. To give an opinion in writing upon all questions of law
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17 submitted to the Attorney General by the Legislature or either
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18 branch thereof, or by any state officer, board, commission or
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19 department, provided, that the Attorney General shall not furnish
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20 opinions to any but district attorneys, the Legislature or either
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21 branch thereof, or any other state official, board, commission or
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22 department, and to them only upon matters in which they are
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23 officially interested;
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1 6. At the request of the Governor, State Auditor and Inspector,
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2 State Treasurer, or either branch of the Legislature, to prosecute
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3 any official bond or any contract in which the state is interested,
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4 upon a breach thereof, and to prosecute or defend for the state all
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5 actions, civil or criminal, relating to any matter connected with
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6 either of their Departments;
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7 7. Whenever requested by any state officer, board or
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8 commission, to prepare proper drafts for contracts, forms and other
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9 writing which may be wanted for the use of the state;
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10 8. To prepare drafts of bills and resolutions for individual
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11 members of the Legislature upon their written request stating the
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12 gist of the bill or resolution desired;
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13 9. To enforce the proper application of monies appropriated by
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14 the Legislature and to prosecute breaches of trust in the
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15 administration of such funds;
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16 10. To institute actions to recover state monies illegally
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17 expended, to recover state property and to prevent the illegal use
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18 of any state property, upon the request of the Governor or the
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19 Legislature;
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20 11. To pay into the State Treasury, immediately upon its
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21 receipt, all monies received by the Attorney General belonging to
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22 the state other than monies received on behalf of the Oklahoma
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23 Municipal Power Authority;
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1 12. To settle, compromise and dispose of an action in which the
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2 Attorney General represents the interests of the state, so long as
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3 the consideration negotiated for such settlement, compromise or
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4 disposition is payable to the state or one of its agencies which is
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5 a named party of the action and any monies, any property or other
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6 item of value is paid first to the State Treasury;
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7 13. To keep and file copies of all opinions, contracts, forms
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8 and letters of the office, and to keep an index of all opinions,
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9 contracts and forms according to subject and section of the law
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10 construed or applied;
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11 14. To keep a register or docket of all actions, demands and
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12 investigations prosecuted, defended or conducted by the Attorney
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13 General in behalf of the state. The register or docket shall give
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14 the style of the case or investigation, where pending, court number,
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15 office number, the gist of the matter, result and the names of the
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16 assistants who handled the matter;
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17 15. To keep a complete office file of all cases and
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18 investigations handled by the Attorney General on behalf of the
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19 state;
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20 16. To report to the Legislature or either branch thereof
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21 whenever requested upon any business relating to the duties of the
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22 Attorney General's office;
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23 17. To institute civil actions against members of any state
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24 board or commission for failure of such members to perform their
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1 duties as prescribed by the statutes and the Constitution and to
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2 prosecute members of any state board or commission for violation of
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3 the criminal laws of this state where such violations have occurred
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4 in connection with the performance of such members' official duties;
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5 18. To respond to any request for an opinion of the Attorney
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6 General's office, submitted by a member of the Legislature,
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7 regardless of subject matter, by written opinion determinative of
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8 the law regarding such subject matter;
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9 19. To convene multicounty grand juries in such manner and for
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10 such purposes as provided by law; provided, such grand juries are
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11 composed of citizens from each of the counties on a pro rata basis
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12 by county;
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13 20. To investigate any report by the State Auditor and
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14 Inspector filed with the Attorney General pursuant to Section 223 of
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15 this title and prosecute all actions, civil or criminal, relating to
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16 such reports or any irregularities or derelictions in the management
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17 of public funds or property which are violations of the laws of this
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18 state;
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19 21. To represent and protect the collective interests of all
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20 utility consumers of this state in rate-related proceedings before
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21 the Corporation Commission or in any other state or federal judicial
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22 or administrative proceeding;
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23 22. To represent and protect the collective interests of
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24 insurance consumers of this state in rate-related proceedings before
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Req. No. 375 Page 5
1 the Insurance Commissioner or in any other state or federal judicial
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2 or administrative proceeding;
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3 23. To investigate and prosecute any criminal action relating
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4 to insurance fraud, if in the opinion of the Attorney General a
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5 criminal prosecution is warranted, or to refer such matters to the
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6 appropriate district attorney;
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7 24. To monitor and evaluate any action by the federal
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8 government including, but not limited to, executive orders by the
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9 President of the United States, rules or regulations promulgated by
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10 an agency of the federal government or acts of Congress to determine
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11 if such actions are in violation of the Tenth Amendment to the
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12 Constitution of the United States;
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13 25. To cross-deputize police officers of the police department
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14 of any municipality or any officer deputized by the county sheriff
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15 or a designee subject to an interlocal governmental agreement with
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16 the Office of the Attorney General's Office General in an effort to
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17 combine city, county, and state law enforcement efforts and to
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18 encourage cooperation between city, county, and state law
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19 enforcement officials. Liability for the conduct of any municipal
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20 police officer cross-deputized under the terms and conditions of an
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21 interlocal governmental agreement or any officer deputized by the
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22 county sheriff under the terms and conditions of an interlocal
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23 governmental agreement shall remain the responsibility of the
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24 respective employer for that officer; and
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1 26. To maintain data related to human trafficking and to assist
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2 law enforcement, social service agencies, and victim services
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3 programs in identifying and supporting victims of human trafficking.
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4 B. Nothing in this section shall be construed as requiring the
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5 Attorney General to appear and defend or prosecute in any court any
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6 cause or proceeding for or on behalf of the Oklahoma Tax Commission,
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7 the Board of Managers of the State Insurance Fund, or the
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8 Commissioners of the Land Office.
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9 C. In all appeals from the Corporation Commission to the
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10 Supreme Court of Oklahoma in which the state is a party, the
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11 Attorney General shall have the right to designate counsel of the
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12 Corporation Commission as the Attorney General's legally appointed
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13 representative in such appeals, and it shall be the duty of the
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14 Corporation Commission counsel to act when so designated and to
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15 consult and advise with the Attorney General regarding such appeals
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16 prior to taking action therein.
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17 SECTION 2. It being immediately necessary for the preservation
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18 of the public peace, health or safety, an emergency is hereby
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19 declared to exist, by reason whereof this act shall take effect and
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20 be in full force from and after its passage and approval.
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22 60-1-375 TEK 12/30/2024 12:31:13 PM
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Req. No. 375 Page 7Every fact on this page links to its source, starting with the official bill record.