Dear Representative Ritze: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301 — 4335 , may a municipality require written notice from an employee, either by an ordinance, a personnel manual or other means, that the employee has been called to military service in order for the employee to be able to...
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does Oklahoma Constitution Article X , Section 9C(b), which authorizes an emergency medical service district ("EMS District") to issue bonds to finance the acquisition of emergency vehicles, preclude the district from using operational funds generated through the millage provided in subparagraph (a) of Section 9C to acquire emergency vehicles such as ambulances...
¶ 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 new qualifications for non-lawyer members of the Judicial Nominating Commission, found in Okla. Const. art. 7B, § 3, adopted by State Question No. 752, apply to current Commission members who were appointed prior to the adoption of State Question No. 752 2. What does the term "immediate family" in Okla. Const. art. 7B, § 3, adopted by State Question...
Dear Representative Dank: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Under what conditions may the State of Oklahoma authorize income tax credits Must a taxpayer perform an economic activity to claim an income tax credit Do income tax credits violate Sections 14 and 15 of Article X of the Oklahoma Constitution because the credit constitutes a gift 2. If the State of Oklahoma authorizes a tax credit...
Dear Chairman Timberlake, ¶ 0 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the language in the Uniform Building Code Commission Act ("Act") creating the Uniform Building Code Commission "within the Construction Industries Board" imply that the Construction Industries Board ("CIB") has the authority to control, manage, keep, budget or expend funds in the Oklahoma Uniform Building Code Commission Revolving Fund,...
The Honorable T. W. Shannon State Representative, District 62 State Capitol, Room 328A Oklahoma City, Oklahoma 73105-4885 Dear Representative Shannon: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: Title 47 O.S.Supp. 2009, § 14-109[ 47-14-109 ] of the Oklahoma Highway Safety Code establishes weight and load limits for vehicles traveling on Oklahoma roads and highways. Subsection 14-109(A) sets out a table...
Dear Mike Ritze, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301 — 4335 , may a municipality require written notice from an employee, either by an ordinance, a personnel manual or other means, that the employee has been called to military service in order for the employee to be able to return...
Dear Commissioner Fields: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Under 29 U.S.C. § 652 (5) and other provisions of the federal Occupational Safety and Health Review Act, 1 ("OSHA Act"), the federal Occupational Safety and Health Administration ("OSHA") has no authority to inspect projects where the employer is "any State or political subdivision of a State." In this context, is an employer that is an...
Dear Dr. Wilbanks: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the State Board of Education and the State Board of Career and Technology Education have a statutory obligation under 70 Ohio St. 2001 , § 17-108.2[ 70-17-108.2 ], to transfer appropriated money every year, as prescribed by subsection A of this section, to the Teachers' Retirement System for the funding of the Contributions Credit 2. If...
Dear State Senator Gumm, ¶ 0 This office has received your requests for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Pursuant to Okla. Const. art. V , § 58 that governs the time when legislative enactments take effect, may legislation that imposes a moratorium on tax credits for investments in small business and rural small business become effective on a date that occurs prior to "ninety days after adjournment of the session at which it was...
Dear Ms. Redman: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Where county officials presently receive a salary at or above the minimum salary authorized for them by law pursuant to 19 Ohio St. 2001 , §§ 180.62[ 19-180.62 ] — 180.63, may county commissioners of that county institute a discretionary pay raise within the range provided in those statutes for county officials during their term without violating...
Dear Honorable Bill Brown, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Can cities pledge future sales tax revenues, subject to annual appropriation, for purposes of economic development pursuant to a "Tax Rebate Agreement" outside the parameters of the Local Development Act Introduction ¶ 1 "The point to remember is that what the government gives it must first take away." — John S. Coleman. Your...
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the prohibition against seller-imposed surcharges on cardholders who elect to use a credit card as a form of payment in lieu of payment by cash, check or similar means, provided in 14A O.S. 2001, § 2-417 , of the Uniform Consumer Credit Code, apply to all sales transactions or only to consumer credit sales and transactions ¶ 1 Your question arises from...
Dear Representative Banz: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Do the provisions of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act, 59 O.S.Supp. 2009, §§ 2095[ 59-2095 ] — 2095.26, apply to a nonprofit organization that provides interest-free mortgages to limited income families BACKGROUND Several local, nonprofit Habitat for Humanity affiliates of Habitat for Humanity...
Dear Ms. Davis: This office has received your request for an official Attorney General Opinion in which you asked the following questions: 1. When a request for workers' compensation claims information is made by a legislator pursuant to 85 O.S.Supp. 2009, § 110[ 85-110 ](B)(2)(a) for research purposes or for unstated purposes, must the Workers' Compensation Court's disclosure of the information be made in such a manner that the disclosed information cannot be used to identify any worker who is...
Dear Senator Coates: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. When performing a construction project on a force account basis pursuant to 61 Ohio St. 2001 , § 103.4[ 61-103.4 ], what portion of the work may be done by school employees, and what portion may be contracted out to non-employees of the school district 2. Is it permissible for a school district, using in-house personnel, to act as its own...
Dear State Senator Corn, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is it unlawful for a state agency to issue a request for proposal and award a contract for a product or service that includes within its component parts one or more of the individual products or services listed on the State Use Committee's procurement schedule ¶ 1 Your question requires an analysis of the provisions of law governing...
