There is hereby created within the Office of the Attorney General a State Reserved Powers Protection Unit 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. If review by the Unit of any such action by the federal government concludes that the action is an infringement on state authority under the Tenth Amendment, the Attorney General shall determine whether the state should seek an exemption from the application of the action or seek to have the action declared unconstitutional. Added by Laws 2021, c. 530, § 2, eff. July 1, 2021.
§74-18q-1. Federal Overreach and Extraordinary Litigation Revolving Fund. A. There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General to be designated the "Federal Overreach and Extraordinary Litigation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies eligible and designated for deposit by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of the Attorney General for the purposes of addressing federal overreach. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. For purposes of this section, the term "addressing federal overreach" includes efforts by the Office of the Attorney General related to: 1. Duties assigned pursuant to paragraph 24 of subsection A of Section 18b of Title 74 of the Oklahoma Statutes; 2. The State Reserved Powers Protection Unit created pursuant to Section 18q of Title 74 of the Oklahoma Statutes; and 3. Extraordinary litigation and other expenses related to any of the following: foreign threats, interstate crime, terrorist organizations, gross violations of public trust, and statewide public safety. Added by Laws 2024, c. 312, § 1, eff. July 1, 2024.