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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.

 

Current Year Opinions

Current Year Opinions

September 7, 2017

Gift cards or gift certificates “issued for a food product” are not subject to the requirements of 15 O.S.2011, § 797 so long as the expiration date of the gift card or gift certificate is disclosed in the manner required by 15 O.S.2011, § 797(C).

September 6, 2017

A subcontractor engaged in “roofing contractor work” must be registered under the Roofing Contractor Registration Act, unless the subcontractor is a laborer working under the direct supervision of a roofing contractor. “Direct supervision” means that the roofing contractor retains control over the physical performance of the subcontractor’s work, but does not require continuous physical oversight.

August 28, 2017

The Oklahoma Department of Veterans Affairs must use the procedures set forth in 61 O.S.Supp.2016, § 327 to sell real property that is authorized for sale by the Legislature or the Long-Range Capital Planning Commission, or is no longer needed.

August 7, 2017

A charter school may be sponsored by the State Board of Education after (i) a local school district has denied the school’s application upon initial submission and reconsideration, and (ii) the Board has made the factual findings required under. 

June 26, 2017

Transfers pursuant to 62 O.S.Supp.2016, § 34.55(A) from the Constitutional Reserve Fund to the General Revenue Cash-flow Reserve Fund as needed to satisfy monthly allocation of appropriations do not violate Okla. Const. art. X, § 23.

June 13, 2017

Under 63 O.S.Supp.2016, § 1-1902(16), a non-state governmental entity that “has acquired and owns or leases a [long-term care] facility and that has entered into an agreement with the Oklahoma Health Care Authority to participate in the nursing facility supplemental payment program” is deemed to be the owner of the facility.

June 2, 2017

The Oklahoma Housing Finance Agency is a legal entity separate and distinct from the State and its trust estate is not made up of public funds, the provisions of Okla. Const. art. X, § 15 do not apply to expenditures of trust estate funds.

May 23, 2017

To the extent the three-day rule in 57 O.S.Supp.2016, § 37(E) requires a county to bear the cost of housing an inmate after a judgment and sentence has been ordered by the court, the statute violates Article XXI, Section 1 of the Oklahoma Constitution by requiring the county to support a state penal institution.

May 4, 2017

The Oklahoma Lottery Commission may not accept entries for sweepstakes promotions through an internet-based web application.

April 17, 2017

The act of voting on a city or municipal resolution that solely expresses a viewpoint on an initiative measure does not itself authorize the expenditure of any public funds.

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Previous Year Opinions

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.