Dear Senator Leftwich: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. In the overlap areas between a college technology center school district (such as that operated by Oklahoma City Community College) and other technology center school districts authorized by 70 O.S.Supp. 2008, § 14-108[ 70-14-108 ], may the technology center school districts collect the incentive levy previously approved by the voters of...
James Gormley, M.D.President, Oklahoma State Board of Medical Licensure and Supervision 5104 N. Francis, Suite C Oklahoma City, Oklahoma 73118 Kim Glazier, R.N., M.Ed. Executive Director, Oklahoma Board of Nursing 2915 Classen Blvd., Suite 524 Oklahoma City, Oklahoma 73106 Dear Representative Shelton, Dr. Gormley, and Ms. Glazier: This office has received your requests for an official Attorney General Opinion in which you ask, in effect, the following questions : 1. Does 59 Ohio St. 2001 , §...
Dear Ms. Savage: This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is a trust formed in Oklahoma and structured as a Real Estate Investment Trust ("REIT") for federal income tax purposes required by statute to make a filing with the Secretary of State as a condition of its organization 2. Is a foreign REIT required to qualify under Oklahoma law before doing business in this State If so, under what...
Dear Ms. Atwood: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is employment with a district attorney's office prior to January 1, 1983, creditable service for the purposes of the State longevity pay plan To answer your question we must determine the extent and limits of the State longevity pay plan and the applicability of that pay plan to employees of district attorneys' offices prior to January 1, 1983. 1...
Dear Senator Gumm: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does an Oklahoma public school's interlocal agreement with a Texas purchasing cooperative, which follows Texas competitive bidding procedures, satisfy the requirement of the Public Competitive Bidding Act of 1974, 61 Ohio St. 2001 Supp. 2008, §§ 101 — 138, to competitively bid a public construction project valued at more than fifty thousand...
Dear Senator Barrington, 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 meaning of the phrase "residing in compact form" in 110.S. 2001, § 2-101(A), which addresses incorporation of municipalities 2. Who is authorized to determine whether a community of people seeking incorporation as a municipality is "residing in compact form " 3. What criteria may be used to determine "residing in compact...
Dear Director Jones: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: The Sex Offender Registration Act ("Act,") 57 O.S. 2001 Supp. 2007, §§ 581 B 590.1, provides that a person convicted of an offense or who receives a deferred sentence in another jurisdiction, who is visiting, residing, working, or attending school in Oklahoma, must register as a sex offender in Oklahoma if that person's offense, if committed or...
Dear District Attorney Hudson: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is a school district required to comply with the requirements of the Public Competitive Bidding Act of 1974, 61 Ohio St. 2001 Supp. 2007, §§ 101 B 138 ("Act"), when entering into a contract that exceeds fifty thousand dollars for the performance of routine janitorial and cleaning services at its public buildings SCHOOL DISTRICTS AND...
Dear Honorable Reynolds, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Does the Oklahoma Ethics Commission have authority to withdraw from consideration newly promulgated rules after they have been submitted to each House of the Legislature and the Governor in accordance with the Oklahoma Constitution Article XXIX , Section 3 I. The Oklahoma Ethics Commission ¶ 1 The Ethics Commission was created by an amendment to...
Dear Honorable Ballenger ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Absent provisions to the contrary in the trust instrument, may the trustees of a county-beneficiary public trust that operates a county jail, lawfully cause bills and employee payroll to be paid twice monthly, although the trustees meet only once monthly to approve and ratify such items ¶ 1 Essentially, you ask whether the trustees of...
Dear Senator Rabon: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May a marina lease concessionaire of the Oklahoma Tourism and Recreation Department indiscriminately refuse service to citizens wishing to take advantage of facilities located within a state park that is under the jurisdiction of the Oklahoma Tourism and Recreation Department 2. What is the duty and responsibility of the Oklahoma Tourism...
Dear State Senator Patrick Anderson, ¶ 0 This office has received your requests for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. The recently enacted immigration law, titled the Oklahoma Taxpayer and Citizens Protection Act of 2007 ("Act"), requires every state agency or political subdivision of the State to verify the lawful presence in the United States of all natural persons fourteen years of age or older when they apply for a State or local...
Dear Dr. Horn: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 59 Ohio St. 2001 , § 328.31a[ 59-328.31a ], of the Oklahoma Dental Act ("Dental Act") that regulates the use of a trade name by "a dentist," also apply to a practice 1 with more than one dentist 2. In a practice of multiple dentists, is a listing only of a trade name, such as "Dr. Smith, DDS and Associates" or "The Denture Center" in an...
Dear Representative Duncan: This office has received your request for an official Opinion of the Attorney General in which you ask, in effect, the following questions: 1. Is the sale and transfer of municipal cemetery lots subject to the ordinary laws of real property 2. May a municipality through its ordinances establish a deliberative process for determining an individual's right to be buried in a particular lot Your questions have been prompted by the following scenario. The original...
Dear Representative Lindley: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: 1. Is the Office of Faith-Based and Community Initiatives a state agency 2. Who has the authority to determine whether and how an appropriation may be budgeted and expended by the Office of Faith-Based and Community Initiatives Your questions arise as a result of legislation creating and funding a revolving fund for the Office of...
Dear Honorable Corn, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May consumers who have legally purchased a whole bottle of wine on the premises of a winery in Oklahoma open and consume that bottle on the premises of the winery 2. Section 521(C) of Title 37 allows wineries in Oklahoma to serve samples of wine to visitors on the licensed premises but does not define "sample." May a whole bottle of...
Dear Mr. Jones: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Is it a violation of the dual office holding prohibition as provided in 51 O.S.Supp. 2007, § 6[ 51-6 ], for a fire chief of a municipality to also serve as the city manager or mayor of the same municipality 2. Notwithstanding the provisions of 11 O.S.Supp. 2007, § 10-112[ 11-10-112 ], in light of subsection 2 of 11 Ohio St. 2001 , § 10-113[ 11-...
Dear Representative Collins: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Because the Transformational Justice Act, 2007 Okla. Sess. Laws ch. 274 , §§ 1-3, authorizes government money to be used to provide funds to faith-based groups for specified services, does it violate the federal or state Constitutions In 2007, the Oklahoma Legislature enacted a new section of law to be known as the Transformational...
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. Do members of the Reserve Corps of the Armed Forces of the United States or the Oklahoma National Guard qualify for a reduced-rate vehicle tag pursuant to 47 O.S.Supp. 2007, § 1127[ 47-1127 ], if they are not on full-time active duty when their tag is due for renewal 2. If the answer to the previous question is no, are members of...
¶ 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 county has passed a lodging tax pursuant to 68 O.S.Supp. 2007, § 1370.9 , and a municipality in that county thereafter passes a lodging tax, what effect does the subsequent municipal tax have on the county's ability to continue to collect the lodging tax on hotels and motels located within that municipality 2. Does the language of 68 O.S.Supp. 2007, §...
