Dear Senator Brechen, This office has received an official Attorney General Opinion request from your predecessor Senator Jay Paul Gumm, who asked, in effect, the following questions: 1. For real property subject to tax increment financing under the Local Development Act, how are ad valorem taxes apportioned Specifically, how are sinking fund levies apportioned 2. If ad valorem taxes from sinking fund levies can be used to finance or pay for project costs under the Local Development Act, does...
Dear Senator Rice: This office has received your request for an Official Opinion of the Attorney General in which you ask the following questions: 1. May a person perform official duties of a state agency with compensation paid by a private person or entity 2. If the answer to Question 1 is "yes," is the state agency responsible for the acts and omissions of such a person 3. If the answer to Question No. 1 is "yes," is such a person an "employee" for purposes of the Governmental Tort Claims...
Dear Senator Justice: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. When a county, by agreement with a municipality pursuant to 11 O.S.Supp. 2010, § 36-113[ 11-36-113 ], constructs, improves, repairs or maintains streets or roads of a municipality, should the municipal street or road mileage be included in the computation of county road mileage for purposes of tax revenues apportioned to the county 2....
Dear Representative Ritze: This office has received your request for an official Opinion of the Attorney General in which you ask the following question: Does a municipality have the authority to enact and enforce a municipal ordinance that prohibits the sale, delivery or distribution of pseudoephedrine, its salts or optical isomer, or salts of optical isomers, without a valid prescription written by a practitioner who is licensed to prescribe controlled dangerous substances Your question...
Dear Senator Brecheen: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does Section 46 of Article V of the Oklahoma Constitution, which prohibits enactment of local or special laws on certain subjects, prevent the State of Oklahoma from setting by law the per diem rate to be paid to counties to defray the cost of the incarceration of state or federal 1 prisoners retained in a county jail 2. Does Section 23b...
Dear Executive Director Kirkpatrick, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Did the Oklahoma Legislature through S.B. 1712 create the Commercial Pet Breeders Board as a new separate state agency with authority to act independently of the Oklahoma State Board of Veterinary Medical Examiners ¶ 1 In 2010, the Oklahoma Legislature enacted S.B. 1712, (2010 Okla. Sess. Laws ch. 210 , §§ 1-29, (codified at 59 O.S....
Dear Representative Hickman: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: What is considered a "routine sick call within the county jail" pursuant to the provisions of Section 38.3 of Title 57 of the Oklahoma Statutes which requires county sheriffs to be responsible for "routine sick calls within the county jail" for inmates retained in the county jail after a judgment and sentence has been entered I....
¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does a business violate the Oklahoma Unfair Sales Act , 15 Ohio St. 2001 , §§ 598.1 — 598.11, by advertising, offering for sale or selling its merchandise below "cost," as defined in the statute, if the merchandise is advertised, offered or sold in connection with a bona fide, short-term promotional event such as a Black Friday or back-to-school sale...
Dear Representative Murphey: This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. May a city enter into a contract with the owner of commercial property to provide the property with an exclusive exemption from city building codes and other city regulatory ordinances for a period of five years 2. May a city, which under the annexation statutes of the State can not require annexation of a commercial property, enter into a...
Dear Honorable Sean Burrage, ¶ 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 entity required to be a "nonprofit" entity to hold executive sessions, authorized by 25 O.S.Supp. 2010, § 307[ 25-307 ] (C)(10), for purposes of conferring on certain matters pertaining to economic development 2. Does 25 O.S.Supp. 2010, § 307 (C)(10) allow city councils and public trusts created pursuant to 60 Ohio St....
Dear State Representative Shumate, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. When a school district sells or disposes of property that was financed in whole or in part by the issuance of bonds, how may the proceeds be used 2. Is there a time limitation past which a governmental bond issuer need not account for proceeds from the sale or disposal of property financed in whole or part by the issuance...
Dear Senator Jolley: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. According to Article XXVIII , Section 7 of the Oklahoma Constitution, a sales tax upon alcoholic beverages is mandated to be enacted by the Legislature. Discretionary authority is given the Legislature to enact a use/excise tax and a second sales tax (the second sales tax was called an "added sales tax" by the Oklahoma Attorney General in A....
Dear Mr. Christian: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 10A O.S.Supp. 2010, § 2-2-806[ 10A-2-2-806 ] limit the request for proposals for the construction of a replacement juvenile facility to a "secure facility," like the L.E. Rader Center, or should the term "suitable facility" be interpreted as something broader, which may include a secure facility, but which may also include other...
Dear Governor Fallin: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Article X , Section 11 of the Oklahoma Constitution prohibits a state officer from receiving any interest, profit or perquisites arising from the use or loan of public funds in his hand or to be raised through his agency for the State. In light of Article X , Section 11 of the Oklahoma Constitution may the Governor's spouse, who is a...
Dear Hoskin: ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. May commercial enterprises located on the Kaw Nation's Indian lands , such as travel plazas, convenience stores and smoke shops operated by the Kaw Nation Enterprise Development Authority, an arm of the Kaw Nation, function as lottery retailers for the Oklahoma Education Lottery Commission in the absence of a Class III Gaming Compact under the...
Dear Director Glazier, This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: The Nurse Licensure Compact ("Compact") is a uniform compact that, among other provisions, authorizes a multistate licensure privilege for registered nurses and licensed practical/vocation nurses licensed in any state that is a party to the Compact to practice nursing in all states that are parties to the Compact. To obtain or retain a...
Dear Senator Brecheen: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Article VI , Section 10 of the Oklahoma Constitution vests the Governor with the exclusive power to grant or deny parole. Are the provisions of H.B. 2131 , 1 which deem parole for certain categories of offenses automatically approved if the Governor does not act on the parole recommendation within thirty days, constitutional in light of Okla....
Dear Ms. Woody: 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 require a real estate broker licensed by the Oklahoma Real Estate Commission to obtain a license from the municipality in order to do business as a real estate broker in that municipality 2. If the answer to number 1 is yes, may a municipality charge the state-licensed real estate broker a fee for the municipal license 3....
Dear Executive Director Snodgrass, ¶ 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 74 O.S.Supp. 2010, § 2276.1[ 74-2276.1 ], may the monies in the Oklahoma State Park Trust Fund be used to pay administrative expenses other than those provided for in Section 2276.1(B) 2. May the trustees of the Oklahoma State Park Trust Fund use more than five percent (5%) of the principal contained in the...
Dear Ken Miller: ¶ 0 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 definition of Oklahoma Tobacco Settlement Endowment Trust Fund "earnings" that shall be considered in the annual certification by the Board of Investors 2. Is there a conflict between the constitutional language (Okla. Const. art. X , § 40 ) and statutory language (62 O.S.Supp. 2010, § 2307[ 62-2307 ]) with regard to the...
