Dear Senator Ellis: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Must a person who is not an employee of a cabin owner and who, for a fee, rents out an owner's cabin in Oklahoma to tourists based on a daily rate, or negotiates or attempts to negotiate any such activity, or solicits listings of cabins for rent, or advertises or holds himself or herself out as engaged in such activities, possess a real estate...
Dear Representative Morgan: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: The provisions of 21 O.S.Supp. 2008, § 187.1[ 21-187.1 ] prohibit a member of the Oklahoma Legislature or a candidate for a state legislative office from intentionally soliciting or accepting a contribution from a lobbyist or lobbyist principal during any regular legislative session and for five (5) calendar days after sine die...
Dear Representative Reynolds: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Are the funds made available to the State of Oklahoma from the State Fiscal Stabilization Fund, Sections 14000 through 14013 of the American Recovery and Reinvestment Act of 2009 ("ARRA"), custodial funds that are not subject to Section 55 of Article V of the Oklahoma Constitution, which requires appropriation of State money by the...
Dear Senator Bass: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is a Phone Card Sweepstakes machine a "slot machine" as defined by 21 Ohio St. 2001 , § 964[ 21-964 ] INTRODUCTION: THE MACHINES The machines you inquire about are often located in bars, convenience stores, bingo halls, bowling alleys and similar businesses; they are stand-alone units with video terminals that give patrons an opportunity both to...
Dear State Senator Brown, This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is a board of county commissioners authorized to clear blockages from creeks/waterways located on private property for the purpose of public safety/flood mitigation 2. If commissioners are so authorized, must the board obtain a waiver or easement from the landowners in order to enter onto their property to clear the blockages Your...
Dear Commissioner Fields: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 40 O.S.Supp. 2008, § 165.2[ 40-165.2 ], which provides for the payment of wages due an employee by electronic means, allow employers to compel employees to accept such payment by (1) direct deposit, or (2) payroll cards or other electronic means 2. If employers may compel payment of wages by electronic means, would such employers...
Dear Senator Anderson: This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following question: Assuming that a city has a water supply available to households within territory annexed by the city, may the city enact an ordinance requiring those households to pay a monthly fee to defray the costs associated with construction of a water treatment plant when those households choose not to obtain their water supply from the city 1...
Dear Representative Peters: This office has received your request for an official Attorney General Opinion in which you ask the following question: When a defendant's plea of guilty is accepted by the court, is the appearance bond posted by a bondsman exonerated pursuant to 59 O.S.Supp. 2008, § 1327[ 59-1327 ](D) I. INTRODUCTION Section 1327(D) of Title 59 is a provision of the Bail Bondsmen Code ("Code"), 59 Ohio St. 2001 Supp. 2008, §§ 1301 — 1340. The Code "appl[ies] to the regulations of...
Dear Representative Reynolds: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is the Oklahoma Clean Campaign Act of 2008, making it illegal for a member of the state Legislature or a candidate for a state legislative office to "solicit or accept a contribution from a lobbyist or lobbyist principal . . . during any regular legislative session and for five (5) calendar days after sine die adjournment," 1 pre-...
Dear Senator Sweeden: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May an incumbent member of the state Legislature solicit or receive a contribution for election to a statewide office, such as Attorney General, Governor, Lieutenant Governor or Treasurer, during an annual legislative session from a lobbyist or lobbyist principal as defined in 74 Ohio St. 2001 , § 4249[ 74-4249 ] 2. May a registered...
Dear Ms. Atwood: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: For retirement purposes, is a member of the Oklahoma Public Employees Retirement System entitled to receive service credit for unused sick leave accrued during prior state service when the member had a break in service in excess of two years BACKGROUND Your question involves the circumstances under which a member of the Oklahoma Public Employees...
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. If an agency or instrumentality of the State of Oklahoma is the victim of a crime by one who deprives the agency or instrumentality of public funds under its management, is it the duty of the agency or instrumentality to report the crime to the appropriate agency or official charged with protecting the interests of the State of Oklahoma from wrongdoing 2....
Dear Mr. Brown: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Currently the practice in the funeral industry in Oklahoma is that any remaining prosthetic devices and implants 1 are discarded after cremation of a body. Recycling companies are approaching funeral homes and crematories offering compensation for recycling the metals found in these products. In light of these requests, may funeral directors,...
Dear Representative Dorman: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is it permissible for a public body that is otherwise authorized to conduct an executive session pursuant to the Oklahoma Open Meeting Act , 1 25 O.S. Supp. 2008, § 307[ 25-307 ], to exclude a nonvoting ex officio member of the public body from being physically present during the executive session An "ex officio" member holds his or her...
Dear Treasurer Meacham: 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 the State Treasurer to transfer funds from the General Revenue Fund to the State Land Reimbursement Fund as directed by 64 O.S.Supp. 2008, § 371[ 64-371 ](B), to make payments to counties to compensate them for lost ad valorem tax revenues from state-owned lands 2. If the total payments to reimburse counties for state-...
Dear Director McVey: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Are e-mails, text messages, and other electronic communications made in connection with the transaction of public business, the expenditure of public funds or the administration of public property, subject to the Oklahoma Open Records Act and the Records Management Act when they are created, received, transmitted, or maintained by public...
Dear Senator Corn: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May a charter municipality adopt a charter provision that prohibits any state or federal employee from running for and being elected to a position on that charter municipality's governing body Your question involves the legal authority, if any, delegated to or conferred upon charter municipalities to adopt a charter provision that prohibits the...
Dear Commissioner Ward: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May the Oklahoma State Shared Mediation Program, a part of the Oklahoma Merit Protection Commission's Alternative Dispute Resolution Program, be used to obtain approval of a settlement agreement between two parties when there is no dispute or conflict between the parties 2. Is a settlement reached through the Alternative Dispute...
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. What is the authority of a city, town, or county to apportion local sales taxes, other local taxes and local fees pursuant to Article X , Section 6C of the Oklahoma Constitution and the Local Development Act, 62 Ohio St. 2001 Supp. 2008, §§ 850 — 869 2. What effect does the Streamlined Sales and Use Tax Administration Act, ("Streamlined Administration Act"),...
Dear Senator Sykes: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May the Oklahoma Department of Labor ("ODOL") provide on-site consultation, training and education services regarding compliance with the federal Occupational Safety and Health Act ("OSHA"), 29 U.S.C. §§ 651 — 678 , without a cooperative agreement with the United States Secretary of labor If not, does the Oklahoma Department of Labor have...
