¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does credited service time in the Oklahoma Police Pension and Retirement System accrue for a person who undergoes police training to become a permanent police officer for a participating municipality while under the age of twenty-one years, and who, upon reaching the age of twenty-one is sworn in as a police officer 2. If a person undergoes and completes...
Dear Senator Lerblance: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is a member of an Oklahoma independent school district board of education that enters a guilty plea to a felony charge automatically disqualified from holding that office or can the board member serve until the plea is accepted by the court and the member sentenced BACKGROUND Your inquiry involves a school board member who has entered a...
Dear Senator Riley, This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. What property located within a Drainage District is subject to a drainage assessment, as established in 82 O.S. 1971, § 414[ 82-414 ] Does such property include buildings on leased lands located within a Drainage District Is property that is exempt from ad valorem taxes also exempt from Drainage District assessments 2. May exemptions from...
Dear Mr. Rowe: 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 Legislature lawfully enact legislation directing expenditures from the earnings of the Oklahoma Tobacco Settlement Endowment Trust Fund ("Trust Fund") for specific programs or purposes 2. May the Legislature lawfully enact legislation directing the Board of Directors of the Trust Fund to make expenditures from the Trust Fund for...
Dear Senator Aldridge: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Title 47 O.S. Supp.2006, § 156.1 1 prohibits state employees, other than those for whom exceptions have been created, from using state-owned vehicles for their personal or private use. May a state agency lawfully adopt a policy authorizing a state employee who does not fall within one of the specific statutory exceptions to use a state-owned...
Dear Chairman Andre Moore This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is the Ardmore Higher Education Program Board of Trustees ("AHEP Board of Trustees") a subordinate entity of the Oklahoma State Regents for Higher Education ("State Regents") 2. May the AHEP Board of Trustees develop and implement its own strategic plans, conduct the necessary analysis to formulate those plans, and petition the...
The Honorable Sean Burrage State Senator, District 2 State Capitol, Room 529-B Oklahoma City, Oklahoma 73105 Dear Senator Burrage: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: In a meeting in 1975, the J.M. Davis Memorial Commission established a practice that "any donation of guns or artifacts to the J.M. Davis Gun Museum be accepted only on the basis of becoming a part of the original J.M. Davis Collection...
Dear Ms. Williams: This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Amendments made to the State Architectural and Interior Designers Act ("Act"), 59 Ohio St. 2001 Supp.2006, §§ 46.1-46.41, in 2006 redefined the criteria for buildings requiring the services of licensed architects. Under the exemption language of 59 O.S. Supp.2006, § 46.21b(C)(3), (4), does the construction, addition or alteration of a building no more...
Dear Director Ashwood: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the Governor or any local jurisdictional body have the authority to order a mandatory evacuation during emergencies and/or natural disasters 2. Does the Governor or any local jurisdictional body have the authority to enforce a mandatory evacuation necessary during emergencies and/or disasters 3. If authorized to order a mandatory...
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following questions: 1. May a county employ a person who has been convicted of a felony and is still serving any portion of a probationary sentence imposed for such conviction, whether the sentence is deferred, suspended or otherwise 2. May a county employ a person who has been convicted of a felony prior to his or her employment and has served and completed the entire sentence imposed by...
The Honorable Al Lindley State Representative, District 93 State Capitol, Room 328A Oklahoma City, Oklahoma 73105 Dear Representative Lindley: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1 Does the Reentry Policy Council created by 2007 Okla. Sess. Laws ch. 274 , § 2, preempt the statutory authority of the State Board of Corrections to establish policies for the operation of the Department of Corrections 2....
Dear Senator Wilson: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Oklahoma Tax Commission have the authority to determine whether tax structures used by corporations are lawful and accurately reflect the state income tax that the corporations owe INTRODUCTION "In this world nothing is certain but death and taxes." 1 Throughout history, taxes have been imposed to fund government. "A tax is a...
Dear Commissioner Fields: This office has received your letter requesting an official Attorney General Opinion in which you ask the following question: Does the Commissioner of Labor have jurisdiction over the inspection of water rides at amusement parks The Commissioner of Labor has statutory jurisdiction to oversee "amusement rides." 40 Ohio St. 2001 , § 460 [ 40-460 ]. However, statutory jurisdiction is also given to the Commissioner of Health to supervise "the sanitation, healthfulness,...
Dear Mr. Driskill: This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following question: Title 68 O.S. Supp.2006, § 1356(10 ) 1 exempts from sales taxation the sale of tangible personal property or services to the Oklahoma Department of Veterans Affairs, to any person who enters into a public contract with the Oklahoma Department of Veterans Affairs, or to any subcontractor to such a public contract. Does this exemption apply...
Dear State Representative Liebmann, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Title 12 O.S. Supp.2006, § 727.1 (C) in pertinent part states: "The postjudgment interest authorized by [this statute] shall accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk." What is the meaning of the phrase "judgment...
Dear Representative Luttrell: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: When a licensed motor vehicle driver who is under the age of eighteen is fined for a non-habitual traffic violation and does not pay the fine, can a warrant for the driver's arrest be issued regardless of the driver's age JUVENILES AND TRAFFIC VIOLATIONS The subject matter of your request requires an analysis of the legal...
Dear Senator Bass: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May the district manager of a master conservancy district contract with his or her spouse for employment with the district that is not a part of the normal duties of the district, is limited in duration, and cannot be accomplished by existing district employees Your question requires an analysis of Oklahoma's nepotism laws, 21 Ohio St. 2001 , §§...
Kevin A. Easley, Chief Executive Officer Grand River Dam Authority P.O. Box 409 Vinita, Oklahoma 74301-0409 Dear Mr. Easley: The Attorney General has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: May the Grand River Dam Authority ("GRDA") include a private entity as an additional insured on a GRDA insurance policy that has been purchased with public funds BACKGROUND The GRDA is a state agency organized to manage use of the...
¶ 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 maintenance of a county jail, regardless of whether the jail is operated by the county sheriff or a public trust created for such purpose, a constitutional duty or a statutory duty 2. Is the requirement for funding a county jail the same regardless of whether the jail is operated by the county sheriff or a public trust created for such purpose Duty...
The Honorable Kim Holland Insurance Commissioner P.O. Box 53408 Oklahoma City, Oklahoma 73152-3408 Dear Commissioner Holland: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Are surplus line insurance policies that are sold to the State of Oklahoma subject to the surplus lines insurance tax imposed by 36 Ohio St. 2001 , § 1115[ 36-1115 ] INTRODUCTION Surplus line is an insurance policy authorized by the...
