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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3150 By: Menz
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 18b, as last amended by Section 2,
Chapter 335, O.S.L. 2025 (74 O.S. Supp. 2025, Section
18b), which relates to the duties of the Attorney
General; requiring publication of certain costs
related to litigation; prescribing requirements for
report; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 18b, as last
amended by Section 2, Chapter 335, O.S.L. 2025 (74 O.S. Supp. 2025,
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;
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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 the 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;
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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;
11. To pay into the State Treasury, immediately upon its
receipt, all monies received by the Attorney General belonging to
the state;
12. To settle, compromise and dispose of an action in which the
Attorney General represents the interests of the state, so long as
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the consideration negotiated for such settlement, compromise or
disposition is payable to the state or one of its agencies which is
a named party of the action and any monies, any property or other
item of value is paid first to the State Treasury;
13. 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;
14. 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. The 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;
15. To keep a complete office file of all cases and
investigations handled by the Attorney General on behalf of the
state;
16. To report to the Legislature or either branch thereof
whenever requested upon any business relating to the duties of the
Attorney General's office;
17. 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
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the criminal laws of this state where such violations have occurred
in connection with the performance of such members' official duties;
18. 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;
19. 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;
20. 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;
21. 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;
22. To represent and protect the collective interests of
insurance consumers of this state in rate-related proceedings before
the Insurance Commissioner or in any other state or federal judicial
or administrative proceeding;
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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;
24. To monitor and evaluate any action by the federal
government including, but not limited to, executive orders by the
President of the United States, rules or regulations promulgated by
an agency of the federal government or acts of Congress to determine
if such actions are in violation of the Tenth Amendment to the
Constitution of the United States;
25. To cross-deputize police officers of the police department
of any municipality or any officer deputized by the county sheriff
or a designee subject to an interlocal governmental agreement with
the Attorney General's Office in an effort to combine city, county,
and state law enforcement efforts and to encourage cooperation
between city, county, and state law enforcement officials.
Liability for the conduct of any municipal police officer cross-
deputized under the terms and conditions of an interlocal
governmental agreement or any officer deputized by the county
sheriff under the terms and conditions of an interlocal governmental
agreement shall remain the responsibility of the respective employer
for that officer;
26. To maintain data related to human trafficking and to assist
law enforcement, social service agencies, and victim services
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programs in identifying and supporting victims of human trafficking;
and
27. To investigate and prosecute any civil or criminal action
relating to violations of the Oklahoma Open Records Act, Section
24A.1 et seq. of Title 51 of the Oklahoma Statutes, or the Oklahoma
Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma
Statutes, if the Attorney General determines that a civil or
criminal prosecution is warranted or to defer such matters to a
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, or the
Commissioners of the Land Office.
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
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. Not later than November 1, 2026, for the first report and
not later than November 1 of each four-year period thereafter, the
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Attorney General shall publish a summary of the total costs for the
applicable preceding four-year period incurred by the State of
Oklahoma in the defense or other representation of the State of
Oklahoma with respect to any statute or modification of the Oklahoma
Constitution declared unconstitutional by either a federal court of
state court and for which there is no further appeal with respect to
any such judgement. The analysis of such costs may include an
estimate of the value of services performed by attorneys and
litigation support personnel if there is no method to determine the
actual specific values of such services. With respect to service
performed by outside counsel and outside litigation support staff,
the publication shall include all such actual costs incurred. The
publication shall indicate whether the Attorney General or any other
attorney representing the interest of the State of Oklahoma advised
any member or committee of the Oklahoma House of Representative or
the Oklahoma State Senate regarding the risk of a declaration or
judgment of unconstitutionality during the time the measure was
being considered by the Legislature, including a copy of any written
statement or memorandum provided to such member or to such
committee, a plain language summary of the judicial opinion holding
the statute or constitutional provision unconstitutional which is
capable of being understood by a person of ordinary intelligence,
and whether the attorney or attorneys representing the plaintiff or
similar adverse party received attorney fees as a result of the
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judicial determination of unconstitutionality and to the extent
possible, the dollar amount of such fees.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14359 MAH 12/23/25