Opinion No. 80-051 (1980) Ag

CourtOklahoma Attorney General Reports
DecidedMay 16, 1980
StatusPublished

This text of Opinion No. 80-051 (1980) Ag (Opinion No. 80-051 (1980) Ag) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Opinion No. 80-051 (1980) Ag, (Okla. Super. Ct. 1980).

Opinion

The Attorney General has received your request for an official opinion wherein you ask the following questions: "1. Must the funds derived by revenue and other means by the Grand River Dam Authority and disbursed in accordance with 82 O.S. 865 [82-865] (1971) be handled and reported as agency special account funds in accordance with 62 O.S. 7.2 [62-7.2] through 62 O.S. 7.5 [62-7.5](a) (1979)? "2. Must the Grand River Dam Authority comply with the provisions of the Central Purchasing Act, 74 O.S. 85.1 [74-85.1] (1971) et seq., as amended? (Opinion of June 3, 1960 exempted Grand River Dam Authority from the Central Purchasing Act was based upon provisions of 74 O.S. 85.12 [74-85.12] which have been amended.) "3. Must the Grand River Dam Authority make purchases and let contracts through the State Board of Public Affairs in accordance with 62 O.S. 41.16 [62-41.16] (1979)? "4. Must the Grand River Dam Authority itemize, budget and report data processing expenditures to the State Director of Finance in accordance with 62 O.S. 41.41 [62-41.41] (1979)? "5. Must the Grand River Dam Authority comply with the provisions of the Data Processing Planning and Management Act of 1971, 74 O.S. 118.1 [74-118.1] (1971) et seq., as amended? "6. Must the Grand River Dam Authority comply with the various Acts pertaining to administrative controls, such as: The Records Management Act, 67 O.S. 201 [67-201] (1971) et seq.; Employee blanket bonds, 74 O.S. 85.26 [74-85.26] (1979); Inventory records preparation and submission, 74 O.S. 110.1 [74-110.1] (1979); State Lands Act, 74 O.S. 129.1 [74-129.1] [74-129.1] (1971); The Archives and Records Commission Act, 74 O.S. 564 [74-564] (1971) et seq., as amended; State Agency Rules and Regulations Act, 75 O.S. 251 [75-251] (1971) et seq., as amended; and Administrative Procedures Act, 75 O.S. 301 [75-301] (1971) et seq., as amended." In answering your inquiries, it is necessary to review the statutory basis for creation of the conservation and reclamation district known and referred to as the Grand River Dam Authority (GRDA) in 1935. The basic statutory provision providing for the creation of GRDA is 82 O.S. 861 [82-861] (1978) which provides as follows: "There is hereby created within the State of Oklahoma a conservation and reclamation district to be known as `Grand River Dam Authority' (hereinafter called the District), and consisting of that part of the State of Oklahoma which is included within the boundaries of the Counties of Adair, Cherokee, Craig, Delaware, Mayes, Muskogee, Ottawa, Osage, Pawnee, Payne, Lincoln, Logan, Tulsa, Wagoner, Sequoyah, Haskell, Latimer, Pittsburg, McIntosh, Creek, Okmulgee, Nowata, Washington and Rogers. Such district shall be, and is hereby declared to be a governmental agency, body politic and corporate, with powers of government and with the authority to exercise the rights, privileges, and functions hereinafter specified, including the control, storing, preservation and distribution of the waters of the Grand River and its tributaries, for irrigation, power and other useful purposes and reclamation and irrigation of arid, semiarid and other lands needing irrigation, and the conservation and development of the forests, water and hydro-electric power of the State of Oklahoma. "Nothing in this act or in any other act or law contained, however, shall be construed as authorizing the District to levy or collect taxes or assessments, or to create any indebtedness payable out of the taxes or assessments, or in any manner to pledge the credit of the State of Oklahoma, or any subdivision thereof. "All that body of land and the water impounded above the Pensacola Dam shall be hereafter designated and known as `Lake O' The Cherokees.'" Your first inquiry pertains to 82 O.S. 865 [82-865] (1971) and whether funds disbursed thereunder must be handled and reported as agency special account funds in accordance with 62 O.S. 7.2 [62-7.2] through 62 O.S. 7.5a [62-7.5a] (1979), inclusive. Section 865 provides as follows: "The moneys of the district shall be disbursed only on check, drafts, orders, or other instruments, signed by such persons as shall be authorized to sign the same by the bylaws or resolution concurred in by not less than four (4) directors, such persons may execute or cause to be executed checks with a facsimile signature in lieu of their manual signatures. The general manager, the treasurer and all other officers, agents, and employees of the district who shall be charged with the collection, custody or payment of any funds of the district shall give bond conditioned on the faithful performance of their duties and an accounting for all funds and property of the district coming into their respective hands, each of which bonds shall be in form and amount and with a surety (which shall be a surety company authorized to do business in the State of Oklahoma) approved by the Board, and the premiums on such bonds shall be paid by the district and charged as an operating expense." 62 O.S. 7.2 [62-7.2] (1978) recreates the Special Agency Account Board for the purposes of approving and establishing agency special accounts in the official depository of the State Treasury and establishes the membership of such Board. 62 O.S. 7.3 [62-7.3] through 62 O.S. 7.5a [62-7.5a] (1978) require monthly reports from each state agency on forms prescribed by the Director of State Finance; establish the procedure for withdrawals from agency clearing accounts by voucher of such agency; the classification of such funds in the State Treasury and establish the procedure for issuance of checks or warrants against each such class of funds; and prescribe the manner of issuance of vouchers against agency clearing accounts and agency special accounts and the signature requirements therefore. 62 O.S. 7.1 [62-7.1] (1873) provides in pertinent part as follows: "B. It shall be the duty of each state agency, officer or employee, to deposit daily in the agency clearing account, agency special account, established under Section 17 7.2 of this Act, all monies of every kind, including but not limited to: 1. Tax revenues; 2. Receipts from licenses, examinations, per diem and all other reimbursements, fees, permits, fines, forfeitures and penalties; and 3. Income from money and property, grants and contracts, refunds receipts, reimbursements, judgments, sales of materials and services of employees, and nonrevenue receipts, received by a state agency, officer or employee by reason of the existence of and/or operation of a state agency." (Emphasis added). Pursuant to 861, supra, and Sheldon v. Grand River Dam Authority,182 Okl. 24, 76 P.2d 355 (1938), the GRDA is a governmental agency created for the purpose of conducting a state function. Further, the GRDA, is among that class considered as state agencies and instrumentalities. Sheldon, supra. Pursuant to 82 O.S. 863 [82-863] (1971) the seven (7) directors of the GRDA are appointed by the Governor by and with the advice and consent of the Senate.

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Related

Grand River Dam Authority v. State
1982 OK 60 (Supreme Court of Oklahoma, 1982)
Wood v. Imperial Irrigation District
17 P.2d 128 (California Supreme Court, 1932)
West v. Board of Comrs. of Caddo County
1916 OK 621 (Supreme Court of Oklahoma, 1916)
Sheldon v. Grand River Dam Authority
1938 OK 76 (Supreme Court of Oklahoma, 1938)
City of Bristow Ex Rel. Hedges v. Groom
1944 OK 223 (Supreme Court of Oklahoma, 1944)

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Opinion No. 80-051 (1980) Ag, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-80-051-1980-ag-oklaag-1980.