Oklahoma Attorney General Opinions

A.G. Opinion 2024-5 — An opinion concluding that the positions of the Secretary of Transportation, the Executive Director of the Oklahoma Department of Transportation, and the Executive Director of the Oklahoma Turnpike Authority each constitute an “office” for purposes of Oklahoma’s law prohibiting an individual from simultaneously holding two or more offices. 51 O.S.2021, § 6. When an office holder accepts and enters upon the duties of a second office without a statutory exemption from the dua

Feb 28, 2024

A.G. Opinion 2024-4 — Under the Oklahoma Supreme Court's four-pronged balancing factor test used to determine the constitutionality of legislative appointments to boards and commissions, this opinion concludes that the provisions of title 69 section 1703 (Supp.2023), as amended by House Bill 2263, are constitutional and do not violate the separation of powers provision in the Oklahoma Constitution. Okla. Const. art. IV, section 1; In re Okla. Dept. of Transp., 2002 OK 74, 64 P.3d 546; In re Okla

Feb 28, 2024

A.G. Opinion 2024-3 — An opinion concluding that physician assistants are authorized to prescribe Schedule II drugs, but this authority is limited to on-site administration. Title 63, section 2-312(E) (Supp.2022) confirms that physician assistants prescribing controlled substances must otherwise comply with the 519.6 of title 59. Section 519.6 grants physician assistants a general authority to “prescribe drugs, including controlled medications in Schedules II through V,” but expressly qualifies

Feb 22, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WITHDRAWN

Feb 23, 2023

Question Submitted by: Kevin Corbett, CEO, Oklahoma Health Care Authority, Oklahoma Secretary of Health and Mental Health

Jan 6, 2023

Question Submitted by: The Honorable Ajay Pittman, State Representative, District 99

Nov 16, 2022

Question Submitted by: The Honorable Laura Austin-Thomas, Oklahoma District Attorney, District 9

Nov 8, 2022

Question Submitted by: The Honorable Collin Walke, State Representative, District 87

Mar 24, 2022

Question Submitted by: Joshua Smith, Director, Board of Tests for Alcohol and Drug Influence

Mar 17, 2022

Question Submitted by: The Honorable Paul Smith, Oklahoma District Attorney, District 22

Jan 20, 2022

Question Submitted by: The Honorable Dr. George E. Young, Sr., Oklahoma State Senate, District 48

Jan 13, 2022

Question Submitted by: The Honorable Scott Crow, Director, Oklahoma Department of Corrections

Feb 23, 2021

Question Submitted by: The Honorable Joy Hofmeister, Oklahoma State Superintendent of Public Instruction

Dec 3, 2020

Question Submitted by: Trey Lam, Executive Director, Oklahoma Conservation Commission

Oct 20, 2020

Question Submitted by: The Honorable Scott Crow, Director, Oklahoma Department of Corrections

Jul 16, 2020

Question Submitted by: The Honorable David W. Prater, District Attorney, District 7

Jun 26, 2020

Question Submitted by: The Honorable Brent Howard, Oklahoma State Senate, District 38

May 14, 2020

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

Question Submitted by: Dr. Kayse Shrum, Secretary of Science and Innovation, Oklahoma State University, Center for Health Sciences

Mar 24, 2020

Question Submitted by: The Honorable Angela Marsee, District Attorney, District 2

Mar 13, 2020

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

Question Submitted by: The Honorable Collin Walke, Oklahoma State Representative, District 87

Mar 13, 2020

Question Submitted by: The Honorable Roger Thompson, Oklahoma State Senate, District 8

Mar 9, 2020

Question Submitted by: The Honorable Ron Sharp, Oklahoma State Senator, District 17

Feb 27, 2020

Question Submitted by: Gary Cox, Commissioner of Health, Oklahoma State Department of Health

Feb 24, 2020

Question Submitted by: A. Keith Burt, Director and Secretary to Alcoholic Beverage Law Enforcement (ABLE) Commission

Dec 31, 2019

Question Submitted by: The Honorable Chris Kannady, State Representative, District 91

Dec 17, 2019

Question Submitted by: The Honorable Michael Brooks, Oklahoma Senator, District 44

Dec 17, 2019

Question Submitted by: The Honorable Laura Austin Thomas, District Attorney, 9th District

Dec 17, 2019

Question Submitted by: The Honorable Chris Kannady, State Representative, District 91

Dec 17, 2019