Attorney General opinion determining that Oklahoma’s Health Information Exchange (HIE) does not violate article II, section 37 of the Oklahoma Constitution. Article II, section 37 provides, in pertinent part, that “[a] law or rule shall not compel, directly or indirectly, any . . . health care provider to participate in any health care system . . . .” OK Const. art. II, § 37(B)(1). Through exemptions afforded under Oklahoma law and an emergency administrative rule, participation in Oklahoma’s HIE is voluntary. Accordingly, there is no compulsion to participate in a health care system and, therefore, no violation of article II, section 37 of the Oklahoma Constitution.
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AG Opinions
One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested.
Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court. However, opinions that conclude a statute is unconstitutional are advisory only.
Recent Opinions
June 30, 2023
Attorney General opinion concluding that municipalities cannot issue assessments to operate and maintain public safety protection districts. As currently authorized under title 11 of the Oklahoma Statutes, such districts would be unconstitutional.
June 26, 2023
Oklahoma school districts are authorized to make payroll deductions for membership dues in professional organizations that (a) collectively bargain pursuant to state, as opposed to federal, law or (b) do not collectively bargain at all. The phrase “collectively bargains on behalf of its membership pursuant to any provision of federal law” in title 62, section 34.70.1 of the Oklahoma Statutes means the organization collectively bargains “according to,” or “in conformance with,” any provision federal law. So defined, section 34.70.1 does not apply to Oklahoma school districts and their employees that either do not collectively bargain or that do so pursuant to the Oklahoma School Code (the “School Code”).
May 25, 2023
Attorney General opinion regarding the ownership of the Grand River Dam Authority (GRDA) and how assets may be distributed upon disposition of GRDA assets consistent with obligations on GRDA and the State.
May 18, 2023
Attorney General opinion concluding that a generally applicable zoning ordinance is not preempted by 21 O.S. § 1289.24.
May 10, 2023
Attorney General opinion concluding that, pursuant to title 22, section 1161 of the Oklahoma Statutes, individuals committed to the custody of the Department of Mental Health and Substance Abuse Services have a right to legal counsel at hearings arising from recommendations of the Forensic Review Board. Additionally, the opinion determines that, subject to prior approval from the Director of the Oklahoma Indigent Defense System (“OIDS”), attorneys affiliated with OIDS may represent indigent committed individuals at these court hearings.
May 10, 2023
Attorney General opinion regarding the Tobacco Settlement Endowment Trust (TSET) Fund and permissible actions and expenditures relating to the Fund. The opinion concludes that the Oklahoma Legislature may not authorize or formally approve the use of funds from the Trust Fund for uses not specifically referenced in article X, section 40, as this is a power reserved to the TSET Board of Directors. However, the Oklahoma Legislature may enact legislation expressing a preference, or recommending, that the TSET Board of Directors expend earnings of the Trust Fund for certain uses, though such legislation has no legal force or effect. Finally, the opinion determines that expenditures to benefit Oklahoma’s Medicaid program would fall within the permissible purposes of article X, section 40 of the Oklahoma Constitution.
April 13, 2023
Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agency’s claim that an acquisition is exempted from requirements of the Central Purchasing Act.
April 4, 2023
Attorney General opinion regarding the rule-making powers vested in the State Board of Education and under what authorities the State Board may promulgate its proposed rules.
March 15, 2023
Attorney General opinion regarding the constitutionality of three statutes relating to the alcoholic beverage supply chain and the prohibition against common ownership in the separate tiers of the supply chain set out in the state constitution.
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Disclaimer
74 O.S. § 18b (A(5)) provides the following language: The duties of the Attorney General as the chief law officer of the state shall be ... To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested.