Dear Representative Terrill, ¶ 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 County Purchasing Act, 19 Ohio St. 2001 Supp. 2005, §§ 1501 -1507, limit the extent to which the members of the board of county commissioners may use their discretion in voting on whether to approve or disapprove a proposed county contract 2. Does the county purchasing agent maintain complete authority over purchasing...
Dear Ms. Atwood: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: Pursuant to 19 O.S. Supp. 2005, § 215.30[ 19-215.30 ](A), which was last amended in 2002, district attorneys receive a salary equal to 98% of the salary of a district judge. See 2002 Okla. Sess. Laws ch. 389 , § 1(A). Effective July 1, 2005, the salary of a district court judge was raised from $95,898.00 to $102,529.00. 20 O.S. Supp. 2005, § 92.1A[...
The Honorable Ray Don Jackson District Attorney, District 26 300 South Grand Cherokee, Oklahoma 73728 Dear District Attorney Jackson: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. How is the interest on omitted property provided for under 68 O.S. Supp. 2006, § 2844[ 68-2844 ], allocated when collected 2. Under what circumstances can the county treasurer change the ad valorem tax roll with respect to...
Dear Representative Morgan: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Can an association of Oklahoma cities and towns formed pursuant to the Interlocal Cooperation Act, 74 O.S. 2001, §§ 1001-1008[74-1001-1008], for the purpose of securing benefits and services relating to insurance for Oklahoma cities and towns, and where said association is subject to 36 Ohio St. 2001 , § 607.1[ 36-607.1 ] make...
Dear Representative Billy: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May a municipal police officer, who is a city council member of another city, qualify for exemption from the dual office holding prohibition under 51 O.S. Supp. 2005, § 6[ 51-6 ](A)(5), which allows a person holding a municipal office or position to be a member of a board that "relates to . . . municipal government . . . except where the...
Ms. Jean Williams, Executive Director Board of Governors of Licensed Architects and Landscape Architects P.O. Box 53430 Oklahoma City, Oklahoma 73152 Dear Ms. Williams: This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Are architects who are licensed pursuant to the State Architectural and Interior Designers Act required to plan, design and prepare plans and specifications for buildings to be constructed for the 2003...
Dear Director Richard: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Previous Attorney General Opinions have found that state contracts may not contain clauses that limit a private vendor's liability to the State. Does the prohibition on limitation of liability clauses apply only to contracts for goods, only to contracts for services, or to all state contracts 2. Does the prohibition on limitation of...
Dear Representative Askins, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Title 10 Ohio St. 2001 , § 7005-1.4[ 10-7005-1.4 ](E) of the Oklahoma Children's Code provides for the release to the public of certain information by the Oklahoma Department of Human Services, the Oklahoma Commission on Children and Youth, or the district attorney in cases involving the death or near death of a child. If one of the...
Dear Administrator Jackson, This office has received your requests for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the statutory declaration in Section 215.30(B) of Title 19 that states "appointees and employees of district attorneys . . . shall be deemed to be state officers or employees for all purposes" subject those individuals to the Oklahoma Personnel Act and the Office of Personnel Management Merit System of Personnel Administration...
Chairman Larry Shea Oklahoma Construction Industries Board 2401 N.W. 23 rd Street, Suite 5 Oklahoma City, Oklahoma 73107 Dear Chairman Shea: This office has received a request for an official Attorney General Opinion from your predecessor who asked, in effect, the following question: Does an employment agency which contracts to supply laborers to be used by another for the installation, repair, maintenance and/or renovation of electrical facilities or electrical construction work constitute an...
Dear Representative Adkins: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: Are "owners of any telegraph or telephone lines" and "telephone or telegraph corporation[s] or association[s] authorized to do a . . . transmission business . . . for such purpose" in the state of Oklahoma pursuant to 18 Ohio St. 2001 , § 601[ 18-601 ](a) and OKLA. CONST. art. IX , § 2 , required to obtain municipal franchise agreements...
Dear Director Burt: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Pursuant to 47 O.S. Supp.2006, § 156.1(B)(2) are certain employees of the Alcoholic Beverage Laws Enforcement ("ABLE") Commission permitted to use a state-owned vehicle to provide transportation between the employee's residence and the assigned place of employment, and between the residence and any location other than the assigned place of...
Dear Senator Corn: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. The State Use Committee, which was created in the Department of Central Services ("DCS") pursuant to 74 O.S. Supp. 2005, § 3001[ 74-3001 ](A), has the duty to designate a procurement schedule of products and services provided by qualified nonprofit agencies for the severely disabled. 74 Ohio St. 2001 , § 3004[ 74-3004 ]. State agencies are...
Dear President Pro Tempore Morgan, ¶ 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 Oklahoma Commission on Consumer Credit have authority to enforce the federal Real Estate Settlement Procedures Act 2. Does the Real Estate Settlement Procedures Act preclude a mortgage broker from collecting a loan origination fee 3. May the Commission on Consumer Credit prescribe the manner in which the federal...
Dear Representative Duncan: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Are inmates sentenced to confinement in county jail under the provisions of the Community Service Sentencing Program ("CSSP"), 22 O.S. 2001, § 991a-4.1[ 22-991a-4.1 ], considered county or state inmates 2. With regard to a CSSP administered by the Department of Corrections pursuant to 22 O.S. 2001, § 991a-4.1[ 22-991a-4.1 ], is the...
Dear Director Burt: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. What provisions, if any, of Oklahoma law related to low-point beer found in 37 Ohio St. 2001 Supp. 2005, §§ 163.1-247 or 502-599 may be enforced by the Oklahoma Alcoholic Beverage Laws Enforcement ("ABLE") Commission 2. If the ABLE Commission and its employees are prohibited from enforcing laws pertaining to low-point beer, are ABLE law...
Dear Senator Wilson: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May the governing body of a city, by legislative action, amend the city's excise (sales) tax ordinance for the purpose of tourism development, approved by city voters at an election called for that purpose, to provide that the funds collected go to a service provider other than the entity designated in the ballot or must the amendment be...
Dear Mr. Meacham: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: Is the Oklahoma State Treasurer required to pay valid unclaimed property claims to property owned by a deceased person valued between $10,000 and $20,000 pursuant to 58 O.S. Supp. 2005, § 393[ 58-393 ], or may the Treasurer require such claims to be supported by one of the documents listed in 60 O.S. Supp. 2005, § 674.2[ 60-674.2 ], in pertinent...
The Honorable Bill Nations State Representative, District 44 State Capitol, Room 507 Oklahoma City, Oklahoma 73105 Dear Representative Nations: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: The Individuals with Disabilities Education Act ("IDEA") was implemented to "ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and...
Dear Major General Wyatt: This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. What is meant by the term "State Sponsored Life Insurance" ("SSLI"), as used in the newly enacted 44 O.S. Supp. 2005, § 77[ 44-77 ], that authorizes the expenditure of State funds for payment/reimbursement of life insurance premiums to provide life insurance for qualified military members of the Oklahoma National Guard 2. Does the Adjutant...
