Attorney general opinion, 05/01/2012, 2012-6

              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
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