Dear Executive Director Kirkpatrick: ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May a "wholesaler" or "distributor" of veterinary prescription drugs, dispense a veterinary prescription drug directly to a veterinarian's client if the veterinary prescription drug has never been "certified" by a pharmacist or other licensed practitioner ¶ 1 This question arose because of recent legislation which allows a "...
Dear Executive Director Hare, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following questions: 1. Does Oklahoma law permit pari-mutuel wagering on horse races via telephone or the Internet 2. Does the federal Interstate Horseracing Act, in particular the December, 2000 amendments to the Act, legalize Internet or telephone gambling in states where such gambling is not permitted I. Oklahoma Law Does Not Permit Pari-Mutuel Wagering On...
Dear Administrator 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 an increase or decrease in the Employee Benefit Allowance a change in the salary of a public official subject to Article XXIII , Section 10 of the Oklahoma Constitution, which prohibits a change in the salary or emoluments of any public official during the official's term of office 2. Is the Employee Benefit Allowance an...
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: Do the provisions of 68 Ohio St. 2001 , § 2361[ 68-2361 ], which provides tax relief to spouses under certain circumstances, require the Oklahoma Tax Commission to follow Internal Revenue Service rulings on "offers to compromise" Compromise Of Tax Liability ¶ 1 Both federal and State law provide for compromise of tax liability. See...
Dear Representative Plunk, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May citizens of an unincorporated territory, bounded by a ten-foot buffer area which has been annexed by a municipality, incorporate into a new city 2. May an existing municipality annex unincorporated territory bounded by a ten-foot buffer area when that property adjoins the existing municipality 3. May a city annex land...
Dear Governor Fallin, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the "Telemarketer Restriction Act," 2002 Okla. Sess. Laws ch. 72 , §§ 1-7 (to be codified at 15 O.S. Supp. 2002, §§ 775B.1 - 775B.7 ), authorizing the Office of the Attorney General to implement a statewide registry of consumers who desire not to receive unsolicited telemarketing sales calls, extend to wireless telephone consumers...
Dear Executive Director Woody, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. If a seller of real estate is assisted by a real estate broker and the purchaser is not assisted by a real estate broker do Oklahoma's broker relationship statutes, 59 Ohio St. 2001 , §§ 858-351 -858-363, require the seller's broker to act as transaction broker for the purchaser in a real estate transaction 2. If not, is the...
Dear Senate Helton, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is an insurer, which only provides liability insurance on a vehicle, financially responsible under 47 O.S. Supp. 2000, § 11-1110 (c), as amended in 2001 Okla. Sess. Laws ch. 255 , § 1 (S.B. 520), for the cost of the removal of the insured vehicle from a highway or highway right-of-way after an accident 2. If so, does the insurer's...
Dear Senator Mickle, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Can a school district use the proceeds of general obligation bonds to make an annual installment payment under a lease-purchase agreement for buildings or equipment 2. Can a school district use general obligation bond proceeds to acquire certain portions of a building and equipment pursuant to a lease-purchase agreement whereby title...
Dear Representative Easley, ¶ 0 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 bail bondsman to arrest a criminal defendant in a county courthouse ¶ 1 Bail is the "means of procuring the release of one charged with an offense, by insuring his future attendance in court, and compelling him to remain within jurisdiction of the court." Manning v. State ex rel. Williams, 120 P.2d 980 , 981 (...
Dear Senator Rabon, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following questions: 1. May the Commissioners of the Land Office lawfully utilize the permanent school funds to purchase timberland or other real estate 2. If so, are there any restrictions imposed by law on such purchases I. Nature Of The School Land Trust And Oklahoma's Acceptance Of The Trust Property ¶ 1 In 1906 Congress passed the Oklahoma Enabling Act, providing...
Dear Representative Davis, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May voters in a school district vote to authorize indebtedness in excess of the constitutional limits which may be incurred so long as the bonds are issued in incremental amounts that comply with law, and the constitutional limit is not exceeded 2. May general revenue funds of a school district be used to pay interest on bonded...
Dear Representative Peters, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Did the Board of Directors of the Grand River Dam Authority correctly apply Attorney General Opinion 98-45 when a notice appeared in local area newspapers advising the public of the date and time that the board would consider an application to install a commercial dock, and at its meeting the Board limited public comment on this...
Dear Senator Cain, ¶ 0 This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Do the Oklahoma State and Education Employees Group Insurance Board's ("OSEEGIB") administrative rules, codified at Title 360 of the Oklahoma Administrative Code, concerning OSEEGIB's disability plan ("Disability Plan"), which limit benefits if an insured receives Social Security payments, exceed the legislature's grant of statutory...
Dear Senator Leftwich, ¶ 0 This office has received your request for an official Attorney General Opinion asking, in effect, the following questions: 1. In the absence of action taken pursuant to Section 155.7 of Title 19 of the Oklahoma Statutes, how long must a county sheriff keep and maintain records including, but not limited to, inmate records, inmate medical records, personnel records, investigation files, finance/audit files, or incident reports, etc., before destroying them 2. If a...
Dear Representative Askins, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. In compliance with their duties as charged under Article XI of the Oklahoma Constitution, the provisions of Title 64 of the Oklahoma Statutes, and their common law duties as trustees to obtain the maximum benefit in return from the use of trust property, are the Commissioners of the Land Office authorized to reduce the amount of...
Dear District Attorney Cherie Free: ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: 1. May a district attorney institute an Alcohol/Drug Impact Panel program under 47 Ohio St. 2001 , § 11-902[ 47-11-902 ] (I), in which the District Attorney's Office can charge the statutory fee, present the program, and pay for the speakers and the general cost of the program 2. May a district attorney set up a separate...
Dear Representative Hutchison: ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does a municipal court of record have jurisdiction over offenses committed on property which belongs to the municipality, yet is located outside the corporate limits of the municipality ¶ 1 Municipal courts of record are created by statute at 11 Ohio St. 2001 , § 28-101[ 11-28-101 ] in any city with a population of more than 200,...
Dear Senator Horner, ¶ 0 This office has received your request for an official Attorney General Opinion asking, in effect, the following question: Does House Bill 1979 (2002 Okla. Sess. Laws. ch. 321, §§ 1, 2, to be codified at 68 O.S. Supp. 2002, §§ 2368.3a[ 68-2368.3a ], 2368.4) subject the Silver Haired Legislature to the requirements of Oklahoma's Open Meeting Act ( 25 Ohio St. 2001 , §§ 301-314[25-301-314]) and Open Records Act ( 51 Ohio St. 2001 , §§ 24A.1-24A.26[51-24A.1-24A.26]) ¶ 1...
Dear Representative Pope, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May a municipality provide water services free or at a reduced rate to residents who are employees or volunteer firefighters for the municipality 2. May a municipality provide water services free or at a reduced rate as an additional benefit to residents who are retired employees or volunteer firefighters for a municipality, or...
