Oklahoma AG Opinions, 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.

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.

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.

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.

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.

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”).

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.

Attorney General opinion concluding that a generally applicable zoning ordinance is not preempted by 21 O.S. § 1289.24.

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.

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.

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.

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.

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.

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.