Dear District Attorney Wilson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Must the County Clerk, pursuant to 28 O.S. Supp. 2004, § 32 (C), assess the five dollar "County Clerk's Records Management and Preservation" fee on renewal of judgment lien notices filed in the Office of the County Clerk, or are they exempt from the fee pursuant to 12 Ohio St. 2001 , § 909[ 12-909 ] County Clerks ¶ 1 Article 17...
Dear Representative Glenn ¶ 0 This office has received your request for an official Attorney General Opinion, in which you ask the following question: If county voters pass a sales tax that is dedicated to the maintenance and operation of a sheriff's office and jail does any excess revenue from said tax have to be returned to the general fund of the county Background ¶ 1 Voters in a county within your district approved a county sales tax for operation and maintenance of the sheriff's office...
Dear Representative Reynolds, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Are the current and future pension payments made by the State retirement systems to retirees actual or moral obligations of the State of Oklahoma 2. If the Oklahoma Legislature increases benefits in the state retirement systems without increasing funding to pay for the enhanced benefits, are such actions subject to the debt...
Dear Representative Cooksey ¶ 0 This office has received a request from your predecessors, Representatives Wayne Pettigrew and Raymond Vaughn, for an official Attorney General Opinion in which they asked, in effect, the following question: The 2004 Legislature passed several measures directing the payment of monies to the Trauma Care Assistance Revolving Fund for violation of various Oklahoma Statutes, such as transporting intoxicating beverages, driving without a license, and possession of...
Dear Representative Benge, ¶ 0 This office has received your requests for an official Attorney General Opinion in which District Attorney Boring asks, in effect, the following questions: Do poker tournaments violate either the general anti-gambling laws of Oklahoma, 21 Ohio St. 2001 , §§ 941-962[21-941-962], or the State anti-commercial gambling statutes, 21 Ohio St. 2001 , §§ 981-988[21-981-988], where: a. participants are charged $125.00 to play in a poker tournament, b. $25.00 of the fee is...
Dear Director Ward, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is it lawful for an inmate from a jurisdiction other than Oklahoma who is housed in an Oklahoma private prison to perform labor on behalf of the private prison contractor that owns or operates the facility 2. Is the Department of Corrections required to monitor labor performed at private prison facilities by inmates from out-of-state...
Dear Representative Hyman ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is a limited-term municipal sales tax, whose proceeds are to be used on public school facilities within the city's corporate limits pursuant to 11 Ohio St. 2001 , § 22-159[ 11-22-159 ] (which allows municipal sales taxes to be used for support of public school systems) and approved by the voters of the city, which apportions the tax...
Dear Director Ward, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. When a defendant is sentenced pursuant to 22 O.S. Supp. 2004, § 991c (A)(7) to be supervised in the community for a period not to exceed two years, does a district judge or district attorney have the authority, absent a modification of the order imposing the deferred sentence, to order or request the Oklahoma Department of Corrections to...
Dear Director Nelson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Attorney General Opinion 99-32 stated that "there is no such thing as a `retired reserve peace officer' for purposes of 21 O.S. Supp. 1998, § 1289.8 ." Does the passage of H.B. 1747 (2005 Okla. Sess. Laws ch. 169 , § 2(A)) (amending 21 O.S. Supp. 2004, § 1289.8 (A)) that refers to a "peace officer classified as a reserve who is retired,...
Dear Senator Riley, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. A sex offender from another state establishes a residence in Oklahoma and registers with the local law enforcement authority, yet, on a regular basis, stays five or fewer consecutive days in a jurisdiction other than the one in which he is registered. Is the person required by the Sex Offender Registration Act to register also with the...
Dear Senator Hobson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 22 O.S. Supp. 2004, § 979a or any other provision of law authorize a Community Sentencing Local Planning Council 1 to reimburse a county sheriff's office from state funds at a contracted rate for community sentence inmates who receive jail time as a sanction, when that contracted rate exceeds the amount of compensation established...
Dear Representative Covey, ¶ 0 We have received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following question: Would a community of people residing in compact form, desiring to become incorporated as a municipality, be required to comply with both the three-mile and five-mile territory requirements of 11 O.S. Supp. 2004, § 2-104[ 11-2-104 ] ¶ 1 Municipalities (i.e., cities or towns) are incorporated according to general laws enacted by the...
Dear District Attorney Don Jackson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is the statutory interest on omitted property provided by 68 Ohio St. 2001 , § 2844 (A), once collected, to be remitted to the county general fund, to the county treasurer's resale fund, or elsewhere 2. Is the county treasurer authorized or required to apportion any part of tax roll collections to the treasurer's resale...
Dear Executive Director DeLaughter, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 10 O.S. Supp. 2005, § 7302-3.6a[ 10-7302-3.6a ] grant an exclusive right to currently existing private, non-profit Youth Services Agencies to receive government contracts 2. May the Department of Juvenile Justice be required to use competitive bid or proposal provisions of the Central Purchasing Act when awarding...
Dear Senator Ron, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does 19 O.S. Supp. 2005, § 1710.1[ 19-1710.1 ] of the Emergency Medical Service District Budget Act, which among other things requires an emergency medical service district which provides ambulance services through contracts with ambulance service providers to use at least 90% of all revenues collected for payment of the contracts,...
Dear Representative Lindley, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is it a violation of Article X , Section 14 of the Oklahoma Constitution to use state-owned facilities, computers, postage, envelopes, letterheads and state employees' time to create and send out birthday letters to registered voters in a legislator's district ¶ 1 In posing your question you described the following situation. A...
Dear Representative Blackwell, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does it constitute a violation of the statutory prohibition against dual office holding for a person to hold a position on the Governor's Cabinet and to be appointed to fill the unexpired term of the position of State Treasurer 2. Under current law, does the State Treasurer have the authority to cause information to be...
Dear Senator Paddack, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Are the contracts entered into by, and in the possession of, the Health Insurance High Risk Pool, created by Section 6535 of Title 36, subject to disclosure under the Oklahoma Open Records Act I. Creation Of The Health Insurance High Risk Pool ¶ 1 The Health Insurance High Risk Pool is a nonprofit legal entity whose members include all insurers and...
Dear Executive Director Hendrix, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Oklahoma State Board of Examiners for Nursing Home Administrators have the authority to grant a waiver of the restriction which prohibits an administrator of an intermediate care facility for the mentally retarded with sixteen or fewer beds (ICF-MR/16) from also serving as administrator of an eighty-bed intermediate...
Dear Senator Johnson ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: What is the appropriate amount that county clerks may charge for furnishing an electronic copy (or digital image) of an instrument(s) that is recorded with the clerk and regularly kept by the clerk in a computer-readable format Authority of County Clerks to Keep and Produce Records ¶ 1 The county clerks of this State are required by law to...
