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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

Recent Opinions

June 26, 2018

The permissibility of a third-party owned distributed generation source depends on whether the source is operating in unincorporated or incorporated areas of the State of Oklahoma.

June 26, 2018

The enactment in 2016 of House Bill 3103 (2016 Okla. Sess. Laws ch. 356) renders a member of a local school district board of education ineligible to run for, be reappointed to, or hold his or her office is the member fails to satisfy the requuirements of 70 O.S.Supp.2017, §§ 5-110 & 5-110.1. 

March 30, 2018

Training provided by CLEET to campus police officers commissioned by private institutions of higher education or private schools pursuant to the Oklahoma Campus Security Act, 74 O.S.Supp.2017, § 360.18, is a “public purpose” consistent with Okla. Const. art. X, § 14. 

March 30, 2018

To properly request a water provider to terminate service to real property pursuant to 11 O.S.Supp.2017, § 22-112.5, a sewer provider must follow the procedures required for its governing board to take action and comply with the statutory notice requirements set forth in Section 22-112.5.

March 15, 2018

The requirement in 70 O.S.2011, § 3418 that a Board of County Commissioners dedicate county ad valorem tax revenues to fund the county’s cooperative extension office does not violate OKLA. CONST. art. XXI, § 1 or OKLA. CONST. art. X, § 9.

December 27, 2017

Under 47 O.S.Supp.2017, § 11-901d, the only use of an amateur radio that is prohibited is manually composing, sending, or reading a text-based message while operating a moving motor vehicle. 

December 27, 2017

OKLA. CONST. art. VI, § 11 does not require either house of the Legislature to hold a vote to override a veto by the Governor.

December 27, 2017

By acting as the Plan Administrator for the Oklahoma Temporary Motorist Liability Plan, the Oklahoma Sheriff’s Association, a private non-profit organization, is “supported in whole or in part by public funds or entrusted with the expending of public funds, or administering public property.” Accordingly, it meets the definition of “public body” and is therefore subject to both the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. 

December 20, 2017

Real property subject to tax sale pursuant to 68 O.S.2011, § 3105 may be redeemed at any time before the deed is conveyed “by paying to the county treasurer the sum which was originally delinquent,” along with statutorily-required interest and costs. 

December 20, 2017

A rural water district is exempt from paying the costs associated with removing or relocating the district’s existing water lines or other facilities that are located in a turnpike right-of-way when removal or relocation is necessary for improvement, construction, or reconstruction of the turnpike. 

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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.