Senator seeks to nail down state's cost for defending unconstitutional laws

OKLAHOMA CITY — In the past few years, Oklahoma lawmakers have passed more than a dozen bills that later were found to be unconstitutional. Sen. Kay Floyd (D) wants to determine how much that has cost the state.

Her idea is among 44 interim studies approved last week and assigned to legislative committees. Committee chairs will have the final say on whether a study is conducted.

Officials with the Attorney General’s Office, which defends the state in legal challenges, have said they can’t put a dollar amount on what the challenges to bills have cost because their staff members are salaried. Floyd, an attorney, said it would not be difficult to track how much is spent defending unconstitutional bills if attorneys kept track of billable hours.

In addition to the cost for attorneys, the courts have in the past awarded attorney fees to those who brought successful challenges to state laws.

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