The Attorney General looks at the current state of the Tribal Gaming Compacts.
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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.
Current Year Opinions
The Attorney General opines on the nature of the Oklahoma Secondary School Activities Association and whether the Open Records Act, the Open Meetings Act and the Administrative Procedures Act would apply.
The Attorney General determines that if the Oklahoma State Department of Health issued a medical marijuana business license between the date of enactment of the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S.Supp.2019, §§ 427.1–427.23, and the Act’s effective date, and that licensee does not meet the Act’s residency requirement as provided in 63 O.S.Supp.2019, § 427.14(E)(11), the Department is not required to apply the Act’s residency requirement retroactively to revoke the license.
The Attorney General affirms that, pursuant to the holding of the United States Supreme Court in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, 139 S. Ct. 2449 (2019), the residency requirements for obtaining a Retail Spirits License or a Wine and Spirits Wholesaler’s License set forth in OKLA. CONST. art. 28A, § 4(A), (B) and in 37A O.S.Supp.2019, § 2-146 are likely to be found in violation of the Commerce Clause of U.S. CONST. art. I, § 8 and are therefore unenforceable.
The Attorney General determined that retaliation claims under workers’ compensation laws relate back to the date of the work-related injury for purposes of determining which statute is given effect and which entity has jurisdiction and that retaliation claims relating to work-related injuries that occurred between February 1, 2014 and May 27, 2019 must be filed with the Workers’ Compensation Commission. However, retaliation claims relating to work-related injuries that occurred or will occur on or after May 28, 2019 must be filed in district court and for retaliation claims properly filed with and currently pending before the Workers’ Compensation Commission, the Commission has exclusive jurisdiction.
The Attorney General determines service of process to a municipality pursuant to 11 O.S.2011, § 22-103 must be made upon the municipality’s mayor only in the absence of the municipal clerk, in which case service is required to be made upon a deputy municipal clerk and the mayor.
The Attorney General take a look at Oklahoma’s ban on surcharges for purchases using credit cards or debit cards, found in 14A O.S.Supp.2019, § 2-211, and whether or not it violates the First Amendment to the U.S. Constitution.
The Attorney General determines that a county sheriff or deputy sheriff may use a credit card issued to the county pursuant to 19 O.S.2011, § 1506 to pay the costs of out-of-county travel to attend voluntary law enforcement instruction and training, including at conferences and meetings, assuming all other requirements of Section 1506 are met. See 19 O.S.2011, § 1506(A); id. § 161.
The Oklahoma Attorney General takes a closer look at the Oklahoma Development Act.
The Oklahoma Attorney General determines a prize-linked savings account constitutes a "lottery" under 21 O.S.Supp.2019, § 1051 and is therefore prohibited by 21 O.S.2011, § 1052.
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.