Oklahoma Attorney General Opinions
514 official opinions issued by the Oklahoma Attorney General.
A.G. Opinion 2024-2 — Attorney General opinion analyzing Oklahoma laws restricting ownership of land, including recent legislative amendments to title 60, section 121 (Supp.2023) requiring an affidavit when recording a deed with an Oklahoma county clerk. This opinion also declares certain deeds exempt from the affidavit requirement.
Feb 6, 2024
Attorney General opinion analyzing Oklahoma laws restricting ownership of land, including recent legislative amendments to title 60, section 121 (Supp.2023) requiring an affidavit when recording a deed with an Oklahoma county clerk. This opinion also declares certain deeds exempt from the affidavit requirement.
Open opinion ↗A.G. Opinion 2024-1 — Attorney General opinion examining the statutory duties of Service Oklahoma, an agency tasked in 2022 with all powers, duties, and responsibilities previously exercised by the Driver License Services Division of the Oklahoma Department of Public Safety, including, upon request from an authorized person, preparing and maintaining a person's motor vehicle report. The opinion concludes that unless removed from a person's driving record in a manner authorized by law, title 47,
Feb 5, 2024
Attorney General opinion examining the statutory duties of Service Oklahoma, an agency tasked in 2022 with all powers, duties, and responsibilities previously exercised by the Driver License Services Division of the Oklahoma Department of Public Safety, including, upon request from an authorized person, preparing and maintaining a person's motor vehicle report. The opinion concludes that unless removed from a person's driving record in a manner authorized by law, title 47, section 6-117(D) requires a suspension of a driver's license to remain in the motor vehicle report for three years, even if Service Oklahoma lifts the suspension during the three years.
Open opinion ↗A.G. Opinion 2023-16 — Attorney General opinion concluding that a municipality may, under zoning or land use powers reserved by the Prevention of Youth Access to Tobacco Act, enact an ordinance prohibiting the zoning of an establishment engaged in the sale of tobacco, nicotine, or vapor products within 300 feet of an existing facility primarily used by persons under twenty-one years of age, subject to mandatory grandfathering of nonconforming use as required by the Oklahoma Municipal Code.
Dec 29, 2023
Attorney General opinion concluding that a municipality may, under zoning or land use powers reserved by the Prevention of Youth Access to Tobacco Act, enact an ordinance prohibiting the zoning of an establishment engaged in the sale of tobacco, nicotine, or vapor products within 300 feet of an existing facility primarily used by persons under twenty-one years of age, subject to mandatory grandfathering of nonconforming use as required by the Oklahoma Municipal Code.
Open opinion ↗A.G. Opinion 2023-15 — The Attorney General looks at article X, sections 14, 15, and 17, of the Oklahoma Constitution and concludes that neither these sections nor any other provision of law prohibits a charter municipality from establishing a leave-sharing program for members of a paid fire department or police department. And, this opinion also determines that because the rights of members of a fire department to collectively bargain for all terms of labor is a matter of statewide concern, and
Dec 27, 2023
The Attorney General looks at article X, sections 14, 15, and 17, of the Oklahoma Constitution and concludes that neither these sections nor any other provision of law prohibits a charter municipality from establishing a leave-sharing program for members of a paid fire department or police department. And, this opinion also determines that because the rights of members of a fire department to collectively bargain for all terms of labor is a matter of statewide concern, and not purely municipal, a charter municipality may not enact or construe an ordinance that irreconcilably conflicts with these rights.
Open opinion ↗A.G. Opinion 2023-14 — The Commissioners of the Land Office (“CLO”) is subject to the laws of the State Use Advisory Council and the Central Purchasing Act except where the laws conflict with the CLO’s constitutional mandate to maximize benefits to current and future beneficiaries of the School Lands Trust. See Hendrick v. Walters, 1993 OK 162, ¶ 7, 865 P.2d 1232, 1238 (the Oklahoma Constitution is the State’s highest law and the bulwark to which all statutes must yield). The CLO is an office wi
Dec 1, 2023
The Commissioners of the Land Office (“CLO”) is subject to the laws of the State Use Advisory Council and the Central Purchasing Act except where the laws conflict with the CLO’s constitutional mandate to maximize benefits to current and future beneficiaries of the School Lands Trust. See Hendrick v. Walters, 1993 OK 162, ¶ 7, 865 P.2d 1232, 1238 (the Oklahoma Constitution is the State’s highest law and the bulwark to which all statutes must yield). The CLO is an office within the executive branch of state government and is made up of officials within the executive branch. Four of the five commissioners are constitutionally vested with executive authority for the State. Furthermore, whether an agency’s acquisition of real estate violates the laws of the State Use Advisory Council turns on the agency’s intention in making the acquisition. Answering this question requires factual determinations, which is beyond the scope of an Official Attorney General Opinion.
Open opinion ↗A.G. Opinion 2023-13 — Generally, the Oklahoma Housing Finance Agency (“OHFA”) is exempt from the Central Purchasing Act (“CPA”), State Finance Act (“SFA”), and State Consultants Act (“SCA”). Compliance with these statutes is mandatory if an entity is a “state agency,” generally defined as an office or officer that is a part of the executive or judicial branch. The OHFA is a public trust whose beneficiary is the state, and its trustees are public officers. However, neither the OHFA nor its trust
Dec 1, 2023
Generally, the Oklahoma Housing Finance Agency (“OHFA”) is exempt from the Central Purchasing Act (“CPA”), State Finance Act (“SFA”), and State Consultants Act (“SCA”). Compliance with these statutes is mandatory if an entity is a “state agency,” generally defined as an office or officer that is a part of the executive or judicial branch. The OHFA is a public trust whose beneficiary is the state, and its trustees are public officers. However, neither the OHFA nor its trustees are part of the executive branch. Accordingly, the OHFA and its trustees are not within the scope of the term “state agency” and, therefore, generally not subject to each of these statutes. Notwithstanding, the SFA includes specific provisions that require action by a public trust having the State of Oklahoma as its beneficiary, such as OHFA. Therefore, the OHFA must comply with these limited provisions of the SFA.
Open opinion ↗A.G. Opinion 2023-12 — Attorney General opinion concluding that neither section 1-733 of title 63 nor any other provision of the Oklahoma Statutes permits the charging of a pregnant woman with a misdemeanor or felony for performing or inducing an abortion on herself to intentionally terminate a pregnancy.
Nov 21, 2023
Attorney General opinion concluding that neither section 1-733 of title 63 nor any other provision of the Oklahoma Statutes permits the charging of a pregnant woman with a misdemeanor or felony for performing or inducing an abortion on herself to intentionally terminate a pregnancy.
Open opinion ↗A.G. Opinion 2023-11 — 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, partici
Oct 12, 2023
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.
Open opinion ↗A.G. Opinion 2023-10 — 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.
Jun 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.
Open opinion ↗A.G. Opinion 2023-9 — 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 wit
Jun 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”).
Open opinion ↗A.G. Opinion 2023-8 — 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 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.
Open opinion ↗A.G. Opinion 2023-7 — Attorney General opinion concluding that a generally applicable zoning ordinance is not preempted by 21 O.S. § 1289.24.
May 18, 2023
Attorney General opinion concluding that a generally applicable zoning ordinance is not preempted by 21 O.S. § 1289.24.
Open opinion ↗A.G. Opinion 2023-6 — 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 r
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.
Open opinion ↗A.G. Opinion 2023-5 — 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
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.
Open opinion ↗A.G. Opinion 2023-4 — 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.
Apr 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.
Open opinion ↗A.G. Opinion 2023-3 — 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.
Apr 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.
Open opinion ↗A.G. Opinion 2023-2 — 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.
Mar 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.
Open opinion ↗A.G. Opinion 2023-1 — Attorney General opinion regarding the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act.
Mar 1, 2023
Attorney General opinion regarding the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act.
Open opinion ↗WITHDRAWN
Feb 23, 2023
Open opinion ↗Question Submitted by: Kevin Corbett, CEO, Oklahoma Health Care Authority, Oklahoma Secretary of Health and Mental Health
Jan 6, 2023
Open opinion ↗Question Submitted by: The Honorable Ajay Pittman, State Representative, District 99
Nov 16, 2022
Open opinion ↗Question Submitted by: The Honorable Laura Austin-Thomas, Oklahoma District Attorney, District 9
Nov 8, 2022
Open opinion ↗Question Submitted by: The Honorable Collin Walke, State Representative, District 87
Mar 24, 2022
Open opinion ↗Question Submitted by: Joshua Smith, Director, Board of Tests for Alcohol and Drug Influence
Mar 17, 2022
Open opinion ↗Question Submitted by: The Honorable Paul Smith, Oklahoma District Attorney, District 22
Jan 20, 2022
Open opinion ↗Question Submitted by: The Honorable Dr. George E. Young, Sr., Oklahoma State Senate, District 48
Jan 13, 2022
Open opinion ↗Question Submitted by: The Honorable Scott Crow, Director, Oklahoma Department of Corrections
Feb 23, 2021
Open opinion ↗Question Submitted by: The Honorable Joy Hofmeister, Oklahoma State Superintendent of Public Instruction
Dec 3, 2020
Open opinion ↗Question Submitted by: Trey Lam, Executive Director, Oklahoma Conservation Commission
Oct 20, 2020
Open opinion ↗Question Submitted by: The Honorable Scott Crow, Director, Oklahoma Department of Corrections
Jul 16, 2020
Open opinion ↗Question Submitted by: The Honorable David W. Prater, District Attorney, District 7
Jun 26, 2020
Open opinion ↗Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, District 38
May 14, 2020
Open opinion ↗Question Submitted by: The Honorable Greg Treat, President Pro Tempore, Oklahoma State Senate; The Honorable Charles McCall, Speaker, Oklahoma House of Representatives
May 5, 2020
Open opinion ↗Question Submitted by: Dr. Kayse Shrum, Secretary of Science and Innovation, Oklahoma State University, Center for Health Sciences
Mar 24, 2020
Open opinion ↗Question Submitted by: The Honorable Angela Marsee, District Attorney, District 2
Mar 13, 2020
Open opinion ↗Question Submitted by: Chairman Robert Gilliland, Ms. Kelly Doyle, Mr. Adam Luck, Mr. Allen McCall, Mr. Larry Morris, Oklahoma Pardon and Parole Board
Mar 13, 2020
Open opinion ↗Question Submitted by: The Honorable Collin Walke, Oklahoma State Representative, District 87
Mar 13, 2020
Open opinion ↗Question Submitted by: The Honorable Roger Thompson, Oklahoma State Senate, District 8
Mar 9, 2020
Open opinion ↗Question Submitted by: The Honorable Ron Sharp, Oklahoma State Senator, District 17
Feb 27, 2020
Open opinion ↗Question Submitted by: Gary Cox, Commissioner of Health, Oklahoma State Department of Health
Feb 24, 2020
Open opinion ↗Question Submitted by: A. Keith Burt, Director and Secretary to Alcoholic Beverage Law Enforcement (ABLE) Commission
Dec 31, 2019
Open opinion ↗Question Submitted by: The Honorable Chris Kannady, State Representative, District 91
Dec 17, 2019
Open opinion ↗Question Submitted by: The Honorable Michael Brooks, Oklahoma Senator, District 44
Dec 17, 2019
Open opinion ↗Question Submitted by: The Honorable Laura Austin Thomas, District Attorney, 9th District
Dec 17, 2019
Open opinion ↗Question Submitted by: The Honorable Chris Kannady, State Representative, District 91
Dec 17, 2019
Open opinion ↗Question Submitted by: The Honorable Stephanie Bice, Oklahoma State Senate, District 22
Sep 26, 2019
Open opinion ↗Question Submitted by: The Honorable Jason Smalley, Oklahoma Senator, District 28
Sep 26, 2019
Open opinion ↗Question Submitted by: The Honorable Tom Bates, Interim Commissioner of Health, Okla. State Dept. of Health
Sep 4, 2019
Open opinion ↗Question Submitted by: The Honorable David W. Prater, Oklahoma County District Attorney, District 7
May 23, 2019
Open opinion ↗Question Submitted by: The Honorable Rhonda Baker, State Representative, District 60; The Honorable Dewayne Pemberton, State Senate, District 9
Feb 14, 2019
Open opinion ↗