ENROLLED HOUSE
BILL NO. 1675	By:	Billy of the House

			  and

		Jolley of the Senate

An Act relating to state government; amending 74 O.S. 2001, Section 19, as amended by Section 1, Chapter 494, O.S.L. 2004 (74 O.S. Supp. 2010, Section 19), which relates to money received or credited by the Attorney General; deleting monetary balance limitations for the Attorney General’s Evidence Fund; and providing an effective date.

SUBJECT:  Attorney General’s Evidence Fund

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     74 O.S. 2001, Section 19, as amended by Section 1, Chapter 494, O.S.L. 2004 (74 O.S. Supp. 2010, Section 19), is amended to read as follows:

Section 19.  A.  1.  Out of all money received or collected by the Attorney General on behalf of the state or any department or agency thereof, and paid into the State Treasury, twenty-five percent (25%) thereof shall be deposited as follows:  three-fourths (3/4) in a special agency account fund in the State Treasury, designated the Attorney General’s Evidence Fund, which fund shall be a continuing fund, not subject to fiscal year limitations, and one-fourth (1/4) in the Attorney General’s Revolving Fund created by Section 20 of this title.  Provided, however, the provisions for deposits into the Attorney General’s Revolving Fund shall not apply to any monies paid to the State of Oklahoma as a result of the settlement of the lawsuit filed by the State of Oklahoma against the tobacco industry.

2.  All money paid to the Attorney General for reimbursement of court costs, fees and other expenses and appropriated monies authorized to be transferred to the agency special account shall be deposited in the Attorney General’s Evidence Fund.  Such fund shall be used by the Attorney General for necessary expenses relative to any pending case or other matter within the official responsibility of the Attorney General.

3.  Notwithstanding other provisions of this section, the balance on deposit in the Attorney General’s Evidence Fund shall never exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00).  Effective July 1, 2005, the balance on deposit in the Attorney General’s Evidence Fund shall never exceed the sum of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00).

B.  All money received or credited by the Attorney General on behalf of the Teachers’ Retirement System of Oklahoma, the Oklahoma Public Employees Retirement System, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Oklahoma Law Enforcement Retirement System or the Uniform Retirement System for Justices and Judges shall be paid to the State Treasurer of the state and distributed to the appropriate fund of the respective retirement system as directed by the board of trustees of said respective retirement system.  The Attorney General shall invoice the respective retirement system and the respective retirement system shall pay for reasonable attorney’s fee for actual legal services rendered by the Attorney General’s office related to the money received or credited on behalf of the respective retirement system based on an hourly rate determined by the Attorney General.  The hourly rate charged by the Attorney General to a retirement system for services related to the collection of money received or credited on behalf of the respective retirement system shall be based on the labor, time and problems involved, the skill and expertise called for in the performance of the services and the standing of the specific attorney or attorneys involved.  The hourly rate charged by the Attorney General to a retirement system shall not be based on the value of the property at issue or recovered.  The Attorney General shall not separately invoice a retirement system for the work performed by an attorney employed by the Attorney General’s office whose salary and other related costs are paid in part or in whole by said retirement system pursuant to an agreement entered into between the Attorney General and the retirement system for legal services.

C.  From any monies paid to the State of Oklahoma representing attorney fees, paralegal fees and other costs of litigating the lawsuit filed by the State of Oklahoma against the tobacco industry, the Attorney General shall make such deposits as are appropriate pursuant to subsection A of this section.  The balance of any such monies shall be deposited in the General Revenue Fund of the State Treasury.

SECTION 2.  This act shall become effective November 1, 2011.

Passed the House of Representatives the 9th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 20th day of April, 2011.

	
Presiding Officer of the Senate