Oklahoma § 51-200 - Settlements - Legislative approval - Involvement of

§ 51-200. Settlements - Legislative approval - Involvement of

Attorney General.

A. 1. No agency, board or commission, public officer, official

or employee of the State of Oklahoma shall, without the approval of

the Oklahoma State Legislature when it is in regular session, or by

the Contingency Review Board, when the Legislature is not in regular

session, enter into any default or agreed judgment, consent decree

or other settlement of any litigation or claim against this state

which would require a settlement expenditure in excess of Two

Hundred Fifty Thousand Dollars ($250,000.00) or the creation,

modification or implementation of a court-ordered or legislatively

authorized plan or program which would necessitate an appropriation

by the Legislature in excess of Two Hundred Fifty Thousand Dollars

($250,000.00). Approval of the Oklahoma Legislature pursuant to

this section shall be by concurrent resolution. The Speaker of the

House of Representatives and the President Pro Tempore of the Senate

shall notify their respective membership of the default or agreed

judgment, consent decree or other settlement of litigation or claim.

Any default or agreed judgment, consent decree or other settlement

entered into in violation of this section shall be void.

2. Any agreed judgment, consent decree or other settlement of

litigation or claim against this state which shall be paid from the

Risk Management Fund and any statutory condemnation proceeding shall

be exempt from the provisions of this section.

B. The Attorney General shall be notified by any agency, board

or commission, public officer, official or employee of this state of

all lawsuits against said agency, board or commission, public

officer, official or employee that seeks relief which would impose

obligations requiring an agency to request a supplemental

appropriation or to request an increase in appropriations to

maintain the current level of services beyond the fiscal year in

which the lawsuit is filed if said lawsuit was settled in favor of

the plaintiff. The Attorney General shall review any such cases and

may represent the interests of the state, if he considers it to be

in the best interest of the state to do so. Representation of

multiple defendants in such actions may, at the discretion of the

Attorney General, be divided with counsel for the agency, board or

commission, public officer, official or employee of this state as

necessary to avoid conflicts of interest. The Attorney General may

levy and collect costs, expenses of litigation and a reasonable

attorney's fee for such legal services from the agency, board or

commission, public officer, official or employee of this state.

Oklahoma Statutes - Title 51. Officers

C. A copy of the service summons in all actions on claims

against the state shall be made on the Attorney General of this

state by the petitioner.

Added by Laws 1994, c. 374, § 2, eff. Sept. 1, 1994.