ENGROSSED SENATE
BILL NO. 588 	By:	Ford of the Senate

			and

		Martin (Steve) of the House

[ counties and county officers - contracts with private attorneys - employ general counsel - 	effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     19 O.S. 2001,  Section 215.37M, as amended by Section 4, Chapter 334, O.S.L. 2008 (19 O.S. Supp. 2008, Section 215.37M), is amended to read as follows:
Section 215.37M  A.  If the district attorney and the board of county commissioners of any county agree approve, legal representation in any civil case in which the county is interested or a party and the district attorney is required to represent the county pursuant to Section 215.4 of this title may be provided by contract with a private attorney.  The costs of such contract shall be paid by the board of county commissioners out of its account for general government operation, or other account, as may be appropriate.
B.  If the district attorney and the board of county commissioners of any county agree approve, legal representation in any civil case in which a county officer or employee is a party and the district attorney is required to represent the county pursuant to Section 215.25 of this title may be provided by contract with a private attorney.  The costs of such contract shall be paid by the board of county commissioners out of its account for general government operation, or other account, as may be appropriate.
C.  If a district attorney and the District Attorneys Council agree, prosecution of any criminal matter may be provided by contract with an attorney not employed by a district attorney, who shall be designated as a special assistant district attorney, if the case load of the office of the district attorney is such that adequate representation of the interest of the state is not possible without appointment of one or more special assistant district attorneys.  The special assistant district attorney shall be appointed by the district attorney.  The special assistant district attorney may serve with or without compensation, however, compensation shall be allowed only if the cost of compensation can be paid out of funds for the current fiscal year, designated for the salaries and operating expenses, for the office of the district attorney requesting the appointment or appointments.  No supplemental appropriations shall be authorized for appointment of special assistant district attorneys.
D.  If the district attorney and the board of education of any school district agree, legal representation in any ad valorem tax matter in which the district attorney is required to represent the school district may be assisted by an attorney employed or retained by the school district.  The board of education is authorized to pay the costs of such representation out of its account for general government operation, or other account, as may be appropriate.  However, this subsection shall not be construed to permit a school district or any other entity to be a party to the proceeding or give standing to such entity to be a party to the civil case in which the county is interested.
SECTION 2.     AMENDATORY     19 O.S. 2001, Section 527, as amended by Section 1, Chapter 356, O.S.L. 2005 (19 O.S. Supp. 2008, Section 527), is amended to read as follows:
Section 527.  The Board of County Commissioners, sheriff, treasurer or assessor in a county shall have the authority to employ a general counsel, either in-house as a staff attorney or through an outside law firm, to advise or represent that officer and his or her office in the performance of the official duties of that office.  The Board of County Commissioners shall approve all contracts for outside counsel.  A general counsel employed pursuant to this section shall be compensated from the funds of the employing county office.
SECTION 3.  This act shall become effective November 1, 2009.
Passed the Senate the 10th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives