Judges: W.A. DREW EDMONDSON, Attorney General of Oklahoma
Filed Date: 6/27/1996
Status: Precedential
Modified Date: 7/6/2016
Dear Representatives Pope,
¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following questions:
1. Is the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (the "Bureau") authorized to enter into an agreement indemnifying the United States Department of Defense (the "Department") from possible future claims against the Department arising from the use of property, including small arms and ammunition, transferred by gift from the Department to the Bureau for use in counter-drug activities?
2. Is the Bureau authorized to enter into an agreement indemnifying the Department from possible future claims against the Department arising from the use of property, including small arms and ammunition, transferred by gift from the Department to county sheriffs for their use in counter-drug activities?
¶ 2 The National Defense Authorization Act1 authorizes the Secretary of Defense to transfer to State agencies personal property of the Department, including small arms and ammunition, suitable for use by such agencies in counter drug activities. Prior to such transfer, the Department requires the State, through its designated official or agency, to agree to indemnify the Department for any future liability which might arise against the Department as a result of the transfer.
¶ 3 Your question assumes the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control would be the designated State agency for this purpose. The Bureau is established by 63O.S. 2-102 (1991). The powers and duties of the agency are divided among a seven member Commission,2 an administrative Director, and commissioned Agents.3 The Bureau is funded on a fiscal year basis by revenues appropriated from the General Revenue Fund.4
¶ 4 For purposes of determining the authority of the Bureau to enter into an indemnity agreement, the definition of indemnity provided in the Oklahoma Statutes will be used.5 "Indemnity is a contract by which one engages to save another from legal consequence of the conduct of one of the parties, or of some other person." 15 Ohio St. 421 (1991).
¶ 5 The balanced budget requirements of the Oklahoma Constitution in Article
¶ 7 The Constitution of Oklahoma at Article
¶ 8 It is, therefore, the official Opinion of the AttorneyGeneral that:
1. The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control is prohibited from entering into an agreement, indefinite in term and uncertain in amount, indemnifying the United States Department of Defense from possible future claims which might arise from the use of property, including small arms and ammunition, transferred by gift from the Department to the Bureau for use in counter-drug activities. Okla. Const. Article
X , Section23 (5 ).2. The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control is prohibited from entering into an agreement indemnifying the United States Department of Defense from possible future claims against the Department which might arise from the use of property, including small arms and ammunition, transferred by gift from the Department to county sheriffs for their use in counter-drug activities. Okla. Const. Article
X , Section 15(A).W.A. DREW EDMONDSON ATTORNEY GENERAL OF OKLAHOMA
JOHN M. CRITTENDEN ASSISTANT ATTORNEY GENERAL