Dear Representative Wright ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does any State law prevent the Governor from scheduling a special election, without delay, which proposes the legalization of a state lottery, in accordance with the provisions of House Bill 1278, passed by the 2003 First Regular Session of the 49 th Legislature April 2, 2003, and sent to the Governor on April 3, 2003 ¶ 1 Your...
Dear District Attorney Cathy Stocker, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: In determining the minimum salary of the assistant secretary of the county election board according to 26 Ohio St. 2001 , § 2-117 , what is meant by the phrases "any county officer" and "whichever is lower," and how are these phrases to be applied ¶ 1 Title 26 Ohio St. 2001 , § 2-117[ 26-2-117 ] provides that, in counties...
Dear Representative Roan, ¶ 0 This office has received your requests for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Are Directors of the Oklahoma State Bureau of Investigation ("OSBI") and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control ("OBNDD") covered positions under the Oklahoma Law Enforcement Retirement System ("OLERS"), 47 Ohio St. 2001 and Supp. 2002, §§ 2-300 through 2-314, such that they are required to be a part of...
Dear Director Warren, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does 73 Ohio St. 2001 , § 83.14 , empower an Oklahoma City city inspector to enforce the Capitol-Medical Center Improvement and Zoning Commission's rules by issuing citations written on a form provided by the city, with no notice or hearing being required before the Commission ¶ 1 The Capitol-Medical Center Improvement and Zoning...
Dear Senator Kenneth Corn, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Are school districts required to pay 75% of the cost of the health care coverage of certified employees, pursuant to H.B. 1968 See 2002 Okla. Sess. Laws ch. 282 . 2. Is the answer to question one dependent on the amount of funding that school districts receive from the State Department of Education I. School Districts' Statutory...
Dear Senator Leftwich ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: If a school district receives State funding for a support employee's flexible benefit allowance payments, may the district withhold the benefit allowance payment from an employee who has opted to receive the entire benefit allowance payment as taxable compensation, has exhausted sick leave and is unable to work, but is still employed by...
Dear Representative Dan Boren, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Can a chief, assistant chief, captain, or any other officer of a fire protection district serve on the board of directors for the fire protection district without creating a conflict of interest ¶ 1 Various common law, statutory 1 and constitutional limitations restrain an individual's ability to hold more than one public office,...
Dear Representative Boren, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, the following questions: 1. Is a retired judge or justice, not assigned to post-retirement judicial service, who is drawing judicial retirement pay under the provisions of 20 O.S. 2001 Supp. 2002, §§ 1101-1111, eligible for appointment to any paid position with CompSource Oklahoma, which was created and established under the provisions of 85 Ohio St. 2001 Supp. 2002, §§...
Dear Representative Braddock ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: Is there a conflict between 62 Ohio St. 2001 , § 211 , requiring all non-appropriated, statutorily-created boards which regulate a profession, occupation or vocation, to pay ten percent of gross fees collected to the State's General Revenue Fund; and 59 O.S. 2001, § 858-207 , requiring the Oklahoma Real Estate Commission, which...
Dear Representative Reynolds, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Are acquisitions made by a State agency from another State agency subject to the provisions of the Oklahoma Central Purchasing Act, 74 Ohio St. 2001 Supp. 2002, §§ 85.1-85.45k, 1 including the requirement for competitive bids or proposals ¶ 1 The Oklahoma Central Purchasing Act, ("Act"), 74 O.S. 2001 Supp. 2002, §§ 85.1-85.45k, defines "...
Dear Representative Easley ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is a bail bondsman responsible for the costs incurred by law enforcement agencies in returning a defendant to the court of original jurisdiction from the custody of another jurisdiction within the State 2. May a municipal police department or other law enforcement agency prohibit its peace officers from arresting defendants based...
Dear Representative Dorman, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. What authority, if any, does the Oklahoma Administrator of Consumer Credit ("Administrator") have to conduct random investigations of licensed mortgage brokers, and impose sanctions under the Oklahoma Mortgage Broker Licensure Act, 59 O.S. 2001 Supp. 2002, §§ 2081-2093 ("Act"), absent a complaint by an aggrieved individual or...
Dear Aditor and Inspector McMahan, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Do the exceptions contained in 70 Ohio St. 2001 , § 5-124 (B)-(D), pertaining to interests of school board members in contracts with the district, conflict with Article X , Section 11 of the Oklahoma Constitution I. ¶ 1 Article X , Section 11 of the Oklahoma Constitution provides: The receiving, directly or indirectly, by any...
Dear Representative Bill Paulk, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Do the provisions of 2003 Okla. Sess. Laws ch. 465 , § 4, allow for confiscation of a pistol transported unlawfully in a motor vehicle when discovered during a stop for a moving traffic violation 2. May a law enforcement officer compel a person transporting a loaded pistol to cause the weapon to be unloaded when the weapon...
Dear Director Conyers, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Given the recent amendments to 2 O.S. Supp. 2002, § 2-30 , which provides for the Oklahoma Agriculture Mediation Program, and the enactment of 70 O.S. Supp. 2002, § 3430 , which authorizes the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges to establish an Institute for Issue Management and Alternative Dispute...
Dear Representative Blackburn ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does Oklahoma law prohibit a board of county commissioners from employing the child of a county commissioner, when that commissioner serves on the board that oversees the child's department within county government ¶ 1 Oklahoma law generally prohibits public officials from appointing or employing persons related to them by blood...
Dear Speaker Danny Hilliard, ¶ 0 This office has received your request for an Attorney General's Opinion in which you ask, in effect, the following question: Under 43A O.S. Supp. 2002, § 3-415 (F), if an organization receives accreditation from either the Joint Commission on Accreditation of Healthcare Organizations or the Commission on Accreditation of Rehabilitation Facilities — both of which are private entities — is the Board of Mental Health and Substance Abuse Services required to certify...
Dear Executive Director Jon Brock, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: If a dependent of an employee or retiree of the Oklahoma Employment Security Commission was not a participant of the Agency Plan on May 30, 1990, is the dependent eligible for the supplemental health insurance provided by 74 Ohio St. 2001 , §§ 1314.3 and 1314.4 ¶ 1 Your question requires construction of House Bill 2360, 1990...
Dear Representative Raymond, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Does the Oklahoma Legislature have the power to impose a requirement of a super-majority vote of the people of Oklahoma to pass the enactment of specific legislation or a specific amendment to the Constitution referred to a vote of the people by the Oklahoma Legislature ¶ 1 The Oklahoma Constitution provides that both the Legislature, as well...
Dear Executive Director Hughes, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Under Article XXIX , Section 1(B) of the Oklahoma Constitution, may two members of the Ethics Commission continue to serve out their terms (both expiring July 2004) despite the fact that both will be representing Congressional District 2 in January 2003, due to the reapportionment of Congressional Districts I. Constitutionally Established...
