2012-6 ocr 1 |
Previous | 1 of 5 | Next |
|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
|
OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA ATTORNEY GENERAL OPINION 2012-6 The Honorable Earl Garrison State Senator, District 9 2300 N. Lincoln Blvd, Room 533 Oklahoma City, Oklahoma 73105 Dear Senator Garrison: May 1,2012 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Maya municipality, which uses a court not of record, enact an ordinance increasing the penalty for traffic offenses where such monies are to be used solely for the purpose of maintaining its law enforcement vehicles? I. A MUNICIPALITY MAY ENACT AN ORDINANCE INCREASING THE PENALTY FOR TRAFFIC OFFENSES IF THIS PENALTY IS NOT IN CONFLICT WITH ST ATE LAW. Oklahoma municipalities "can exercise only such powers of legislation as are given them by the lawmaking power of the state, and grants of such powers are strictly construed against the corporations." Cain's Coffee Co. v. City o/Muskogee, 44 P.2d 50,50 (syllabus ~ 2) (Okla. 1935). "[W]hen any fairly reasonable doubt exists as to the grant of the power, such doubt is resolved by the courts against the corporation, and the existence of the power is denied." Id. l A municipality, for the purpose of carrying out its municipal functions, does have the power to "enact an ordinance 1 We acknowledge that Oklahoma district courts have the authority to impose "criminal statutory assessment[s] ... reasonably related to the costs of administering the criminal justice system." State v. Claborn, 870 P.2d 169, 171 (Okla. Crim. App. 1994) (emphasis added). Ajudge ofa district court may impose monetary assessments such as the following: "C.L.E.E.T. fee required by 20 0.S.Supp.1998 § 1313.2(B)"; "fmgerprinting fee required by 20 0.S.Supp.1990, § l313.3(A)"; and "Drug Assessment Fee required by 63 0.S.Supp.1990, § 2-503.2." Id. at 170. The Oklahoma Legislature has also given district courts statutory authority to impose other assessments. See 28 0.S.20 11, § 153 (costs in criminal cases). District court clerks and other trial courts of record have the duty "to charge and collect the fees imposed by [Title 28]" and other statutes. 28 0.S.2011,§ 151(A). We fmd no statutory authority, however, for the imposition by a municipal court not of record of an assessment for violation of traffic ordinances where such assessment is to be used for the maintenance of its law enforcement vehicles. 313 N.E. 21ST STREET· OKU..HOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A ~~ recycled paper
Object Description
Okla State Agency |
Attorney General, Oklahoma |
Okla Agency Code |
'049' |
Title | Attorney general opinion, 05/01/2012, 2012-6 |
Authors |
Oklahoma. Office of the Attorney General. Garrison, Earl. |
Publication Date | 2012-05-01 |
Publication type |
Laws/Rules |
Purpose | Municipalities, court not of record. May a municipality, which uses a court not of record, enact an ordinance increasing the penalty for traffic offenses where such monies are to be used solely for the purpose of maintaining its law enforcement vehicles? |
For all issues click | A3600.6 O61a |
Digital Format | PDF, Adobe Reader required |
ODL electronic copy | Downloaded from agency website: |
Rights and Permissions | This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders. |
Language | English |
Month/year uploaded | May 2012 |
Date created | 2014-12-21 |
Date modified | 2014-12-21 |
OCLC number | 890218582 |
Description
Title | 2012-6 ocr 1 |
Full text | OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA ATTORNEY GENERAL OPINION 2012-6 The Honorable Earl Garrison State Senator, District 9 2300 N. Lincoln Blvd, Room 533 Oklahoma City, Oklahoma 73105 Dear Senator Garrison: May 1,2012 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Maya municipality, which uses a court not of record, enact an ordinance increasing the penalty for traffic offenses where such monies are to be used solely for the purpose of maintaining its law enforcement vehicles? I. A MUNICIPALITY MAY ENACT AN ORDINANCE INCREASING THE PENALTY FOR TRAFFIC OFFENSES IF THIS PENALTY IS NOT IN CONFLICT WITH ST ATE LAW. Oklahoma municipalities "can exercise only such powers of legislation as are given them by the lawmaking power of the state, and grants of such powers are strictly construed against the corporations." Cain's Coffee Co. v. City o/Muskogee, 44 P.2d 50,50 (syllabus ~ 2) (Okla. 1935). "[W]hen any fairly reasonable doubt exists as to the grant of the power, such doubt is resolved by the courts against the corporation, and the existence of the power is denied." Id. l A municipality, for the purpose of carrying out its municipal functions, does have the power to "enact an ordinance 1 We acknowledge that Oklahoma district courts have the authority to impose "criminal statutory assessment[s] ... reasonably related to the costs of administering the criminal justice system." State v. Claborn, 870 P.2d 169, 171 (Okla. Crim. App. 1994) (emphasis added). Ajudge ofa district court may impose monetary assessments such as the following: "C.L.E.E.T. fee required by 20 0.S.Supp.1998 § 1313.2(B)"; "fmgerprinting fee required by 20 0.S.Supp.1990, § l313.3(A)"; and "Drug Assessment Fee required by 63 0.S.Supp.1990, § 2-503.2." Id. at 170. The Oklahoma Legislature has also given district courts statutory authority to impose other assessments. See 28 0.S.20 11, § 153 (costs in criminal cases). District court clerks and other trial courts of record have the duty "to charge and collect the fees imposed by [Title 28]" and other statutes. 28 0.S.2011,§ 151(A). We fmd no statutory authority, however, for the imposition by a municipal court not of record of an assessment for violation of traffic ordinances where such assessment is to be used for the maintenance of its law enforcement vehicles. 313 N.E. 21ST STREET· OKU..HOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A ~~ recycled paper |
Date created | 2012-05-09 |
Date modified | 2012-05-09 |