MR
Michael R. Vanderburg
Tue, Dec 17, 2019 7:56 PM
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
DW
David Weatherford
Tue, Dec 17, 2019 7:59 PM
I just had the same issue come up yesterday I have not talked directly
with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R.
Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees.
Now, according to the Oklahoma Bureau of Narcotics, we should not be
required to send the Drug Education Fees to the OBN. I am unaware of any
other state agency who agrees with this interpretation, but OBN not only
states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
or previous e-mail messages attached to it, may contain confidential
information that is legally privileged. If you are not the intended
recipient, please destroy the message and contact the sender to report the
email error. The message and its attachments may not be copied, shared,
distributed, or used in any manner by anyone other than the intended
recipient. The receipt of this email does not create an attorney client
relationship, unless that relationship already exists independent of this
email.
If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that any
disclosure, copying, distribution or use of any of the information contained
in or attached to this message is STRICTLY PROHIBITED. If you have received
this transmission in error, please immediately notify us by reply e-mail at
mailto:vandemr@poncacityok.gov vandemr@poncacityok.gov or by telephone at
580 767 0337 and destroy the original transmission and its attachments
without reading them or saving them to disk. This email is covered by the
Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally
privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
I just had the same issue come up yesterday I have not talked directly
with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R.
Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees.
Now, according to the Oklahoma Bureau of Narcotics, we should not be
required to send the Drug Education Fees to the OBN. I am unaware of any
other state agency who agrees with this interpretation, but OBN not only
states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
or previous e-mail messages attached to it, may contain confidential
information that is legally privileged. If you are not the intended
recipient, please destroy the message and contact the sender to report the
email error. The message and its attachments may not be copied, shared,
distributed, or used in any manner by anyone other than the intended
recipient. The receipt of this email does not create an attorney client
relationship, unless that relationship already exists independent of this
email.
If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that any
disclosure, copying, distribution or use of any of the information contained
in or attached to this message is STRICTLY PROHIBITED. If you have received
this transmission in error, please immediately notify us by reply e-mail at
<mailto:vandemr@poncacityok.gov> vandemr@poncacityok.gov or by telephone at
580 767 0337 and destroy the original transmission and its attachments
without reading them or saving them to disk. This email is covered by the
Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally
privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
SM
Steve Murdock
Tue, Dec 17, 2019 8:13 PM
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama oama-bounces@lists.imla.org On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' vandemr@poncacityok.gov; 'OAMA luistserv' OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.org> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
RC
Richard, Cindy L
Tue, Dec 17, 2019 9:25 PM
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
From: Oama oama-bounces@lists.imla.org on behalf of Steve Murdock via Oama oama@lists.imla.org
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford davidweatherford@sbcglobal.net; 'Michael R. Vanderburg' vandemr@poncacityok.gov; 'OAMA luistserv' OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama oama-bounces@lists.imla.org On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' vandemr@poncacityok.gov; 'OAMA luistserv' OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday – I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
________________________________
From: Oama <oama-bounces@lists.imla.org> on behalf of Steve Murdock via Oama <oama@lists.imla.org>
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford <davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.org> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday – I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
SM
Steve Murdock
Tue, Dec 17, 2019 9:30 PM
The letter we received states:
To Whom It May Concern:
Effective November 1, 2019, House Bill 1425 was signed to amend 28 O.S. Section 151 Duty to Charge and Collect Fees. Per this amendment as cited in Oklahoma Statutes, it is our understanding, municipal courts not of record in the State of Oklahoma are no longer required to submit Drug Education Fees to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Respectfully,
Oklahoma Bureau of Narcotics
Fiscal Division
Steve
From: Richard, Cindy L cindy.richard@okc.gov
Sent: Tuesday, December 17, 2019 3:25 PM
To: Steve Murdock Steve.Murdock@edmondok.com; David Weatherford davidweatherford@sbcglobal.net; 'Michael R. Vanderburg' vandemr@poncacityok.gov; 'OAMA luistserv' OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Steve Murdock via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford <davidweatherford@sbcglobal.netmailto:davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
The letter we received states:
To Whom It May Concern:
Effective November 1, 2019, House Bill 1425 was signed to amend 28 O.S. Section 151 Duty to Charge and Collect Fees. Per this amendment as cited in Oklahoma Statutes, it is our understanding, municipal courts not of record in the State of Oklahoma are no longer required to submit Drug Education Fees to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Respectfully,
Oklahoma Bureau of Narcotics
Fiscal Division
Steve
From: Richard, Cindy L <cindy.richard@okc.gov>
Sent: Tuesday, December 17, 2019 3:25 PM
To: Steve Murdock <Steve.Murdock@edmondok.com>; David Weatherford <davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
________________________________
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Steve Murdock via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>>
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford <davidweatherford@sbcglobal.net<mailto:davidweatherford@sbcglobal.net>>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; 'OAMA luistserv' <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; 'OAMA luistserv' <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
RC
Richard, Cindy L
Tue, Dec 17, 2019 9:54 PM
Thanks, Steve. It looks like someone created a strange redundancy in paragraph A of 28 O.S. 151, by putting a new exclusion for municipal courts not of record; however, paragraph A has always created an exception for traffic cases and misdemeanors - which is all we do anyway. That is the reason we have to look specifically at all of the fees statutes to determine whether they apply to municipal courts. OBN may be straining to give the new sentence meaning - giving due regard to the premise that "the legislature shall not be presumed to have done a vain thing".
Cindy L. Richard
Deputy Municipal Counselor
Office of the Municipal Counselor
701 Couch Drive, 3rd Floor
Oklahoma City, OK 73102
405.297.3671
From: Steve Murdock Steve.Murdock@edmondok.com
Sent: Tuesday, December 17, 2019 3:30 PM
To: Richard, Cindy L cindy.richard@okc.gov; David Weatherford davidweatherford@sbcglobal.net; 'Michael R. Vanderburg' vandemr@poncacityok.gov; 'OAMA luistserv' OAMA@lists.imla.org
Subject: RE: [Oama] HB 1425 amending 28 O.S. 151
The letter we received states:
To Whom It May Concern:
Effective November 1, 2019, House Bill 1425 was signed to amend 28 O.S. Section 151 Duty to Charge and Collect Fees. Per this amendment as cited in Oklahoma Statutes, it is our understanding, municipal courts not of record in the State of Oklahoma are no longer required to submit Drug Education Fees to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Respectfully,
Oklahoma Bureau of Narcotics
Fiscal Division
Steve
From: Richard, Cindy L <cindy.richard@okc.govmailto:cindy.richard@okc.gov>
Sent: Tuesday, December 17, 2019 3:25 PM
To: Steve Murdock <Steve.Murdock@edmondok.commailto:Steve.Murdock@edmondok.com>; David Weatherford <davidweatherford@sbcglobal.netmailto:davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Steve Murdock via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford <davidweatherford@sbcglobal.netmailto:davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
Thanks, Steve. It looks like someone created a strange redundancy in paragraph A of 28 O.S. 151, by putting a new exclusion for municipal courts not of record; however, paragraph A has always created an exception for traffic cases and misdemeanors - which is all we do anyway. That is the reason we have to look specifically at all of the fees statutes to determine whether they apply to municipal courts. OBN may be straining to give the new sentence meaning - giving due regard to the premise that "the legislature shall not be presumed to have done a vain thing".
Cindy L. Richard
Deputy Municipal Counselor
Office of the Municipal Counselor
701 Couch Drive, 3rd Floor
Oklahoma City, OK 73102
405.297.3671
From: Steve Murdock <Steve.Murdock@edmondok.com>
Sent: Tuesday, December 17, 2019 3:30 PM
To: Richard, Cindy L <cindy.richard@okc.gov>; David Weatherford <davidweatherford@sbcglobal.net>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; 'OAMA luistserv' <OAMA@lists.imla.org>
Subject: RE: [Oama] HB 1425 amending 28 O.S. 151
The letter we received states:
To Whom It May Concern:
Effective November 1, 2019, House Bill 1425 was signed to amend 28 O.S. Section 151 Duty to Charge and Collect Fees. Per this amendment as cited in Oklahoma Statutes, it is our understanding, municipal courts not of record in the State of Oklahoma are no longer required to submit Drug Education Fees to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Respectfully,
Oklahoma Bureau of Narcotics
Fiscal Division
Steve
From: Richard, Cindy L <cindy.richard@okc.gov<mailto:cindy.richard@okc.gov>>
Sent: Tuesday, December 17, 2019 3:25 PM
To: Steve Murdock <Steve.Murdock@edmondok.com<mailto:Steve.Murdock@edmondok.com>>; David Weatherford <davidweatherford@sbcglobal.net<mailto:davidweatherford@sbcglobal.net>>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; 'OAMA luistserv' <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Did the OBN provide their rational?
Cindy L. Richard
Deputy Municipal Counselor
________________________________
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Steve Murdock via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>>
Sent: Tuesday, December 17, 2019 2:13:36 PM
To: David Weatherford <davidweatherford@sbcglobal.net<mailto:davidweatherford@sbcglobal.net>>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; 'OAMA luistserv' <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yes that happened to Edmond, they are telling us the same thing and sent our November check back. They sent us a letter which we received yesterday along with our check.
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of David Weatherford
Sent: Tuesday, December 17, 2019 1:59 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; 'OAMA luistserv' <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
I just had the same issue come up yesterday - I have not talked directly with them, but the Court Clerk was told to quit collecting the $5 fee.
David L. Weatherford
Birmingham, Morley, Weatherford & Priore
1141 East 37th Street
Tulsa, OK 74105
(918) 743-8355
(918) 743-7478 (fax)
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
RK
Rick Knighton
Tue, Dec 17, 2019 9:56 PM
Just sent to our court clerk:
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Just sent to our court clerk:
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/>
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
RK
Rick Knighton
Tue, Dec 17, 2019 9:57 PM
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statuteshttps://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation). This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes<https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation)>. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/>
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
DD
david davis
Tue, Dec 17, 2019 10:12 PM
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Rick Knighton Rick.Knighton@NormanOK.gov
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' vandemr@poncacityok.gov; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let’s try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statuteshttps://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation). This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com<mailto:ddavislaw@live.com>
________________________________
From: Oama <oama-bounces@lists.imla.org> on behalf of Rick Knighton <Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let’s try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes<https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation)>. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/>
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
TN
Teresa Nowlin
Thu, Jan 2, 2020 9:35 PM
Our Court Clerk received the following from the court clerk's association (pasted below). Has anyone heard anything to the contrary?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Good Afternoon!
OMCCA members are blind cc'd
There has been some questions regarding the submission and collection of the 5.00 fee collected for possession of marijuana and drug paraphernalia cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made to them and will not be returning/sending the payments back to the municipalities. Please send in your Drug Education Fees as you normally would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous Drugs Control, bgivens@obn.state.ok.usmailto:bgivens@obn.state.ok.us Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
courtclerk@chickasha.orgmailto:courtclerk@chickasha.org
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton Rick.Knighton@NormanOK.gov; 'Michael R. Vanderburg' vandemr@poncacityok.gov; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.govmailto:vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statuteshttps://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation). This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <OAMA@lists.imla.orgmailto:OAMA@lists.imla.org>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.govmailto:vandemr@poncacityok.gov or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
Our Court Clerk received the following from the court clerk's association (pasted below). Has anyone heard anything to the contrary?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
_____________________________________________________________________________________________________
Good Afternoon!
OMCCA members are blind cc'd
There has been some questions regarding the submission and collection of the 5.00 fee collected for possession of marijuana and drug paraphernalia cases.
The Oklahoma Bureau of Narcotics (OBN) will be accepting the payments made to them and will not be returning/sending the payments back to the municipalities. Please send in your Drug Education Fees as you normally would.
If you have any questions or concerns please contact:
Brigette Givens, Budget Analyst III, OK Bureau of Narcotics & Dangerous Drugs Control, bgivens@obn.state.ok.us<mailto:bgivens@obn.state.ok.us> Office: (405) 530-3147
Thank you all for all that you do! And have a safe and happy new year!
Laura
Laura Miller
Municipal Court Clerk
OMCCA President
City of Chickasha
Mailing Address: 117 North 4th Street, Chickasha, OK 73018
Physical Address: 2001 West Iowa Avenue, Chickasha, OK 73018
405-222-6022
405-574-1010 fax
courtclerk@chickasha.org<mailto:courtclerk@chickasha.org>
From: Oama <oama-bounces@lists.imla.org> On Behalf Of david davis
Sent: Tuesday, December 17, 2019 4:13 PM
To: Rick Knighton <Rick.Knighton@NormanOK.gov>; 'Michael R. Vanderburg' <vandemr@poncacityok.gov>; OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Yet 20 os 1313.2 defines court as municipal court. These two sections appear to be in conflict but perhaps the newer statute would override.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com<mailto:ddavislaw@live.com>
________________________________
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>
Sent: Tuesday, December 17, 2019 3:57 PM
To: 'Michael R. Vanderburg' <vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov>>; OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: Re: [Oama] HB 1425 amending 28 O.S. 151
Let's try again: Just sent to our court clerk:
The amendment to the statute cited in the letter, 28 O.S. § 151, states:
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes<https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT12S1751&originatingDoc=N57460950C53F11E9B603A14D40335536&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.History*oc.UserEnteredCitation)>. This section shall not apply to municipal courts not of record in this state. (Emphasis added).
The emphasized language exempts municipal courts not of record from 28 O.S. § 151. The Drug Education Fee is imposed in 20 O.S. § 1313.2(F)(2). This provision also imposes the $10.00 CLEET fee.
If the November 1, 2019, amendment to 28 O.S. § 151 exempts municipal courts not of record from submitting the Drug Education Fees to OBN, it also exempts municipal courts not of record from submitting CLEET fees to CLEET and the fees imposed by 20 O.S. §§ 1313.3,m 1313.4, and 1313.5. Someone should check with these agencies to see if they agree.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/>
This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael R. Vanderburg
Sent: Tuesday, December 17, 2019 1:57 PM
To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>>
Subject: EXTERNAL EMAIL : [Oama] HB 1425 amending 28 O.S. 151
Has anyone else come across this as yet.
For years, the municipal courts have been collecting various state fees. Now, according to the Oklahoma Bureau of Narcotics, we should not be required to send the Drug Education Fees to the OBN. I am unaware of any other state agency who agrees with this interpretation, but OBN not only states their interpretation, but sent us a refund.
What say you?
Mike Vanderburg
Ponca City
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, please destroy the message and contact the sender to report the email error. The message and its attachments may not be copied, shared, distributed, or used in any manner by anyone other than the intended recipient. The receipt of this email does not create an attorney client relationship, unless that relationship already exists independent of this email.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at vandemr@poncacityok.gov<mailto:vandemr@poncacityok.gov> or by telephone at 580 767 0337 and destroy the original transmission and its attachments without reading them or saving them to disk. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged.
Michael R. Vanderburg
City Attorney for Ponca City, OK.
516 E. Grand Ave.
Ponca City, OK 74602-1450
580 767 0337
