1| STATE OF OKLAHOMA | | | 2| 1st Session of the 52nd Legislature (2009) | | | 3|HOUSE BILL No.1943______ By: Jackson | | | 4| | | | 5| | | AS INTRODUCED | 6| | | An Act relating to counties and county officers; | 7| amending 19 O.S. 2001, Section 215.37M, as amended by | | Section 4, Chapter 334, O.S.L. 2008 (19 O.S. Supp. | 8| 2008, Section 215.37M), which relates to contracts | | with private attorneys; modifying procedure; amending | 9| 19 O.S. 2001, Section 527, as amended by Section 1, | | Chapter 356, O.S.L. 2005 (19 O.S. Supp. 2008, Section | 10| 527), which relates to employment of general counsel | | by certain county officers; allowing employment of | 11| general counsel by county commissioners; and | | providing an effective date. | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. AMENDATORY 19 O.S. 2001, Section 215.37M, as | | | 16|amended by Section 4, Chapter 334, O.S.L. 2008 (19 O.S. Supp. 2008, | | | 17|Section 215.37M), is amended to read as follows: | | | 18| Section 215.37M A. Ifthe district attorney andthe board of | | | 19|county commissioners of any countyagreeapprove, legal | | | 20|representation in any civil case in which the county is interested | | | 21|or a party and the district attorney is required to represent the | | | 22|county pursuant to Section 215.4 of this title may be provided by | | | 23|contract with a private attorney. The costs of such contract shall | | | 24|be paid by the board of county commissioners out of its account for | | | Req. No. 5377 Page 1 ___________________________________________________________________________
1|general government operation, or other account, as may be | | | 2|appropriate. | | | 3| B. Ifthe district attorney andthe board of county | | | 4|commissioners of any countyagreeapprove, legal representation in | | | 5|any civil case in which a county officer or employee is a party and | | | 6|the district attorney is required to represent the county pursuant | | | 7|to Section 215.25 of this title may be provided by contract with a | | | 8|private attorney. The costs of such contract shall be paid by the | | | 9|board of county commissioners out of its account for general | | | 10|government operation, or other account, as may be appropriate. | | | 11| C. If a district attorney and the District Attorneys Council | | | 12|agree, prosecution of any criminal matter may be provided by | | | 13|contract with an attorney not employed by a district attorney, who | | | 14|shall be designated as a special assistant district attorney, if the | | | 15|case load of the office of the district attorney is such that | | | 16|adequate representation of the interest of the state is not possible | | | 17|without appointment of one or more special assistant district | | | 18|attorneys. The special assistant district attorney shall be | | | 19|appointed by the district attorney. The special assistant district | | | 20|attorney may serve with or without compensation, however, | | | 21|compensation shall be allowed only if the cost of compensation can | | | 22|be paid out of funds for the current fiscal year, designated for the | | | 23|salaries and operating expenses, for the office of the district | | | 24|attorney requesting the appointment or appointments. No | | | Req. No. 5377 Page 2 ___________________________________________________________________________
1|supplemental appropriations shall be authorized for appointment of | | | 2|special assistant district attorneys. | | | 3| D. If the district attorney and the board of education of any | | | 4|school district agree, legal representation in any ad valorem tax | | | 5|matter in which the district attorney is required to represent the | | | 6|school district may be assisted by an attorney employed or retained | | | 7|by the school district. The board of education is authorized to pay | | | 8|the costs of such representation out of its account for general | | | 9|government operation, or other account, as may be appropriate. | | | 10|However, this subsection shall not be construed to permit a school | | | 11|district or any other entity to be a party to the proceeding or give | | | 12|standing to such entity to be a party to the civil case in which the | | | 13|county is interested. | | | 14| SECTION 2. AMENDATORY 19 O.S. 2001, Section 527, as | | | 15|amended by Section 1, Chapter 356, O.S.L. 2005 (19 O.S. Supp. 2008, | | | 16|Section 527), is amended to read as follows: | | | 17| Section 527. The board of county commissioners, sheriff, | | | 18|treasurer or assessor in a county shall have the authority to employ | | | 19|a general counsel, either in-house as a staff attorney or through an | | | 20|outside law firm, to advise or represent that officer and his or her | | | 21|office in the performance of the official duties of that office. | | | 22|The Board of County Commissioners shall approve all contracts for | | | 23|outside counsel. A general counsel employed pursuant to this | | | 24| | | | Req. No. 5377 Page 3 ___________________________________________________________________________
1|section shall be compensated from the funds of the employing county | | | 2|office. | | | 3| SECTION 3. This act shall become effective November 1, 2009. | | | 4| | | | 5| 52-1-5377 CJB 12/23/08 | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5377 Page 4©2008-09 eCapitol, LLC. All rights reserved.
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