STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 2278	By:	Jolley

AS INTRODUCED

An Act relating to government actions; amending 74 O.S. 2001, Section 18b, which relates to the duties of the Attorney General; declaring certain duty for certain state positions; adding method of requesting action of recovery of certain property; declaring certain duty for certain political subdivision officials; amending 62 O.S. 2001, Section 374, which relates to civil actions; modifying certain time limitation; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 18b, is amended to read as follows:
Section 18b.  A.  The duties of the Attorney General as the chief law officer of the state shall be:
1.  To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court and Court of Criminal Appeals in which the state is interested as a party;
2.  To appear for the state and prosecute and defend all actions and proceedings in any of the federal courts in which the state is interested as a party;
3.  To initiate or appear in any action in which the interests of the state or the people of the state are at issue, or to appear at the request of the Governor, the Legislature, or either branch thereof, and prosecute and defend in any court or before any commission, board or officers any cause or proceeding, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution or defense of the state's interest therein;
4.  To consult with and advise district attorneys, when requested by them, in all matters pertaining to the duties of their offices, when said district attorneys shall furnish the Attorney General with a written opinion supported by citation of authorities upon the matter submitted;
5.  To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested;
6.  At the request of the Governor, State Auditor and Inspector, State Treasurer, or either branch of the Legislature, to prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their Departments;
7.  Whenever requested by any state officer, board or commission, to prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state;
8.  To prepare drafts of bills and resolutions for individual members of the Legislature upon their written request stating the gist of the bill or resolution desired;
9.  To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds;
   10.  To institute actions to recover state monies illegally expended, to recover state property and to prevent the illegal use of any state property, upon the request of the Governor, or the Legislature or as directed by subsection D of this section;
11.  To pay into the State Treasury, immediately upon its receipt, all monies received by the Attorney General belonging to the state;
12.  To keep and file copies of all opinions, contracts, forms and letters of the office, and to keep an index of all opinions, contracts and forms according to subject and section of the law construed or applied;
13.  To keep a register or docket of all actions, demands and investigations prosecuted, defended or conducted by the Attorney General in behalf of the state.  Said register or docket shall give the style of the case or investigation, where pending, court number, office number, the gist of the matter, result and the names of the assistants who handled the matter;
14.  To keep a complete office file of all cases and investigations handled by the Attorney General on behalf of the state;
15.  To report to the Legislature or either branch thereof whenever requested upon any business relating to the duties of the Attorney General's office;
16.  To institute civil actions against members of any state board or commission for failure of such members to perform their duties as prescribed by the statutes and the Constitution and to prosecute members of any state board or commission for violation of the criminal laws of this state where such violations have occurred in connection with the performance of such members' official duties;
17.  To respond to any request for an opinion of the Attorney General's office, submitted by a member of the Legislature, regardless of subject matter, by written opinion determinative of the law regarding such subject matter;
18.  To convene multicounty grand juries in such manner and for such purposes as provided by law; provided, such grand juries are composed of citizens from each of the counties on a pro rata basis by county;
19.  To investigate any report by the State Auditor and Inspector filed with the Attorney General pursuant to Section 223 of this title and prosecute all actions, civil or criminal, relating to such reports or any irregularities or derelictions in the management of public funds or property which are violations of the laws of this state;
20.  To represent and protect the collective interests of all utility consumers of this state in rate-related proceedings before the Corporation Commission or in any other state or federal judicial or administrative proceeding;
21.  To represent and protect the collective interests of insurance consumers of this state in rate-related proceedings before the Insurance Property and Casualty Rate Board or in any other state or federal judicial or administrative proceeding; 
22.  To certify local crimestoppers programs qualified to receive repayments of rewards pursuant to Section 991a of Title 22 of the Oklahoma Statutes; and
23.  To investigate and prosecute any criminal action relating to insurance fraud, if in the opinion of the Attorney General a criminal prosecution is warranted, or to refer such matters to the appropriate district attorney.
B.  Nothing in this section shall be construed as requiring the Attorney General to appear and defend or prosecute in any court any cause or proceeding for or on behalf of the Oklahoma Tax Commission, the Board of Managers of the State Insurance Fund CompSource Oklahoma, or the Commissioners of the Land Office, except as may be required pursuant to subsection D of this section.
C.  In all appeals from the Corporation Commission to the Supreme Court of Oklahoma in which the state is a party, the Attorney General shall have the right to designate counsel of the Corporation Commission as the Attorney General's legally appointed representative in such appeals, and it shall be the duty of the said Corporation Commission counsel to act when so designated and to consult and advise with the Attorney General regarding such appeals prior to taking action therein.
D.  It shall be the duty of every director, chief officer, or administrative head of any state agency, board, commission, authority, bureau, office, or other entity created with authority to make rules or formulate orders as defined in the Administrative Procedures Act to request, within a reasonable time, that the Attorney General recover public monies illegally expended, recover state property and prevent the illegal use of any state property when the value of loss of such illegal activity exceeds Fifty Thousand Dollars ($50,000.00) and when such director, chief officer, or administrative head has knowledge that such activity has or is taking place within the agency, board, commission, authority, bureau or office that he or she administers.  If the value of loss of the illegal activity is equal to or less than Fifty Thousand Dollars ($50,000.00), then the director, chief officer, or administrative head shall request the Legislature to initiate an action pursuant to his or her power specified in paragraph 10 of subsection A of this section.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 13-116 of Title 11, unless there is created a duplication in numbering, reads as follows:
It shall be the duty of every elected municipal officer to take reasonable steps to institute actions to recover public monies illegally expended, to recover public property and to prevent the illegal use of any municipal property when the officer has knowledge that such activity has taken place or is taking place.  The municipality is authorized to utilize a municipal attorney, if available, or contract for legal services in order to institute necessary actions for recovery.  If it is determined that the cost of the actions and/or litigation for recovery exceed the value of the object to be recovered, then such action and/or litigation shall not be required, and the duty required by this section shall be deemed satisfied.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 178.6 of Title 19, unless there is created a duplication in numbering, reads as follows:
It shall be the duty of every elected county officer to take reasonable steps to institute actions to recover public monies illegally expended, to recover public property and to prevent the illegal use of any county property when the officer has knowledge that such activity has taken place or is taking place.  The county is authorized to utilize the district attorney or contract for legal services in order to institute necessary actions for recovery.  If it is determined that the cost of the actions and/or litigation for recovery exceed the value of the object to be recovered, then such action and/or litigation shall not be required, and the duty required by this section shall be deemed satisfied.
SECTION 4.     AMENDATORY     62 O.S. 2001, Section 374, is amended to read as follows:
Section 374.  Civil actions filed by taxpayers for the recovery of real or personal property can only be brought if the written demand upon the proper officers is made by the required resident taxpayers within two (2) years of the transfer of the property, and the civil suit is filed within six (6) months following the refusal, failure, officers refuse, fail, or neglect of the proper officers to act upon the written demand within ninety (90) days.  Any other limitations of actions provided pursuant to Sections 93 or 95 of Title 12 of the Oklahoma Statues shall not apply.
SECTION 5.  This act shall become effective November 1, 2010.

52-2-3280	MD	1/14/2010 8:54:36 PM