The Attorney General opines on the newly enacted restrictions in the Oklahoma Medical Marijuana and Patient Protection Act.
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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 looks at how administrative fees can be used in under the Oklahoma Community Sentencing Act.
The Attorney General determines the Commissioners of the Land Office are not permitted, pursuant to statute or otherwise, to expend the capital gains that accrue to the principal of the permanent school fund. Capital gains are not income or interest generated by the fund’s principal, but rather constitute increases to the principal itself, which shall forever remain inviolate. OKLA. CONST. art. XI, §§ 2 & 3; Oklahoma Enabling Act, §§ 7 & 9, 34 Stat. 267, 272-74 (1906).
The Attorney General discusses whether an individual, working on behalf of a non-profit entity, who pays cash bail to secure the pretrial release of person's lawfully arrested is required to obtain a bail bondsman license or limited in the number of payments they can make per year.
The Attorney General discusses the requirements that must be met for a Governor's grant of parole conditioned upon the defender completing a pre-parole program to be valid.
Upon the death of an alternate payee who was entitled to a portion of member benefits as set forth in a valid qualified domestic order pursuant to 11 O.S.2011, § 50-124, the benefit payments assigned to the alternate payee cease. The surviving spouse or child of the deceased alternate payee is not entitled to continued payments as the beneficiary of the deceased alternate payee.
The definition of “beneficiary” under 11 O.S.2011, § 50-101(13) does not include the surviving spouse or child of a deceased alternate payee of the related member under a qualified domestic order issued pursuant to 11 O.S.2011, § 50-124. However, if the surviving child of the deceased alternate payee is also the child of a member, the child is a beneficiary of the member.
The Oklahoma Attorney General examines whether the Oklahoma Horse Racing Commission is subject to 62 O.S.2011, § 211.
The Oklahoma Attorney General examines waivers of fees for professional licensure under 59 O.S. § 4003.
A mental health professional who is not a licensed psychologist is prohibited by 59 O.S.Supp.2017, § 1353 from describing or titling his or her evaluation of a patient’s mental health as a “psychological evaluation,” unless the evaluation is intended solely for the internal use of the author.
A statutory town board of trustees may enact an ordinance (i) permitting the same person to serve as both municipal judge and municipal court clerk pursuant to 11 O.S.2011, § 8-106, or (ii) “combine, merge, or consolidate” the office of municipal judge and municipal court clerk as “necessary and convenient for the administration of the affairs or government of the town” pursuant to 11 O.S.2011, § 12-112. In either case, such an ordinance would be an exception to the dual office-holding prohibition of 51 O.S.Supp.2017, § 6. See A.G. Opins. 2008-15, 1981-31; Sw. Bell Tel. Co. v. Oklahoma Cty. Excise Bd., 1980 OK 97, ¶ 12, 618 P.2d 915, 919.
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.