State Government
Q. Who is my State Senator and/or State Representative?
A. Contact information for your State senators and representatives as well as federal elected officials can be found at www.lsb.state.ok.us or by contacting your County Election Board.
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Q. How can I get help with a disagreement over a decision made by a state agency?
A. You may contact the director of the state agency directly, or put information in writing to us in order for us to forward them a copy of your concerns.
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Q. How do I report wrongdoing within a state agency?
A. Inform the appropriate supervisors within the agency. You also may contact the State Auditor and Inspector if wrongdoing involves misuse of state funds. Otherwise, contact your local District Attorney or the State Attorney General.
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Q. Where do I obtain a copy of a legislative Senate or House bill?
A. You may mail your request to the State Capitol Bldg., Attn: Bill Distribution Office, 2300 N. Lincoln Blvd., Rm. 310, Oklahoma City, OK 73105, or call (405-521-5514). All legislative measures are available via the internet.
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Q. How can I get information on the status of a measure?
A. This information is contained in the Oklahoma Legislative Information System and is?available on the internet.? It can also be obtained by contacting your representative or senator, the House Clerk's office (521-2711 in the Oklahoma City area or 1-800-522-8502 outside) or the Senate Clerk's office (405-524-0126).
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Law Enforcement and the Courts
Q. Where do I report a crime?
A. You must first report any allegations of criminal activity to local law enforcement authorities to be investigated. When that agency completes the investigation, their findings will be forwarded to the district attorney's office in that judicial district. The agency's report will be reviewed by the district attorney or assistant district attorney who will determine who will be charged with what crimes. Neither the Governor nor the Attorney General for the State of Oklahoma has statutory authority regarding a district attorney's decision to charge or not charge a person with a crime.
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Q. Does the Governor have the authority to intervene with Judges, District Attorneys and attorneys?
A. The Constitution of Oklahoma provides that the Governor has no jurisdiction in matters relating to the judiciary, city, county, federal government, or local law enforcement. The District Attorney of your area is the primary prosecutor for the state. Therefore, allegations of wrongdoing of local officials, including city or county officials, should be brought to the attention of the appropriate District Attorney.
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Q. Are there state agencies to ensure that cities are operating within statutory requirements?
A. There are many state and local agencies that have statutory authority to investigate or audit allegations of wrongdoing within a municipality or township. If you have questions regarding the statutory operation of a municipality or township or if you are wanting information concerning city ordinances, you should contact the Oklahoma Municipal League at the following address: 201 NE 23rd St., Oklahoma City, OK 73105; (405) 528-7515.
District Attorneys in the state answer to the registered voters in their respective judicial districts. District Attorneys are required to be licensed in the State of Oklahoma and complaints are investigated by the Oklahoma Bar Association.
Complaints or concerns about judges should be directed to the Council on Judicial Complaints, c/o Administrative Office of the Courts, 1901 N. Lincoln, Oklahoma City, OK 73105.
Complaints or concerns about attorneys should be directed to the Office of the General Counsel, Oklahoma Bar Association, 1909 North Lincoln, Oklahoma City, OK 73105.
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Q. What can the Governor do about my pending criminal lawsuits, pending civil lawsuits, or workers' comp lawsuits?
A. The separation of governmental powers prevents the Governor from interfering with or overruling the decision of an appointed judge or jury in any civil, criminal or workers compensation case. These matters are decided by the courts. It would be inappropriate for the Governor to become involved in a pending lawsuit. You should seek legal counsel.
If you cannot afford legal assistance you should contact the Oklahoma Indigent Defense System at 405-325-0802 for criminal matters or Legal Aid of Oklahoma at 405-521-1302 for civil complaints.
It is also beyond the scope of the Governor's power to change the outcome of a settled case. If you believe your case has been decided unjustly, you should consult with your attorney about possible appeals.
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Social Security
Q. Who do I contact if I have a problem with Social Security?
A. Social Security is administered by a federal agency, the Social Security Administration, and is not under the jurisdiction of the Governor. You may wish to contact your federal Congressmen or the Social Security Administration at (800) 772-1213 or www.ssa.gov.
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Functions of the Governor's Office
Q. How do I find out the Governor's stand on pending legislation or his opinion on a particular issue?
A. The Governor will make decisions on pending legislation after it reaches his desk and he is able to review details and information surrounding the proposed legislation. He welcomes citizen input during this process.
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Q. Does the Governor have the authority to intervene with Judges, District Attorneys and attorneys?
A. The Constitution of Oklahoma provides that the Governor has no jurisdiction in matters relating to the judiciary, city, county, federal government, or local law enforcement.
The District Attorney of your area is the primary prosecutor for the state. Therefore, allegations of wrongdoing of local officials, including city or county officials, should be brought to the attention of the appropriate District Attorney.
District Attorneys in the state answer to the registered voters in their respective judicial districts. District Attorneys are required to be licensed in the State of Oklahoma and complaints are investigated by the Oklahoma Bar Association.
Complaints or concerns about judges should be directed to the Council on Judicial Complaints, c/o Administrative Office of the Courts, 1901 N. Lincoln, Oklahoma City, OK 73105.
Complaints or concerns about attorneys should be directed to the Office of the General Counsel, Oklahoma Bar Association, 1909 North Lincoln, Oklahoma City, OK 73105.
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State Quarter Design
Q. When will the Oklahoma state quarter be available?
A. Oklahoma's quarter is slated to debut early in 2008.
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Paroles, Commutations and Pardons
Q. What is the difference between a pardon, a parole and a commutation and how is the Governor's Office involved with these?
A. Paroles, commutations and pardons must be approved by the members of the Pardon and Parole Board before being presented to the governor for his consideration.
A parole releases an inmate to the street for the remainder of his or her sentence or moves the inmate to a consecutive sentence. It does not eliminate or change the duration of the sentence. A parole always comes with certain conditions such as supervision by a parole officer, and may include conditions such as substance abuse treatment or obtainment of a GED. If the conditions of the parole are violated, the parole can be revoked, returning the inmate to prison for the duration of his or her sentence.
A commutation changes the length of a sentence. For example, a 10 year sentence can be commuted to five years. Sentences can also be commuted to "time served," ending the sentence and releasing the inmate to the street unconditionally.
Not all paroles and commutations result in release from prison. Inmates may be paroled or commuted from one sentence to a consecutive sentence and not released from prison.
A pardon is not a parole or commutation. Pardons do not clear a criminal record, but do acknowledge that someone has worked hard to become a productive, law-abiding citizen after making mistakes in the past.
Those who are currently incarcerated cannot apply for a pardon and a pardon will not release you from prison. Only those who have discharged all their sentences, completed parole, or served at least five years under supervision and have no pending charges may apply for a pardon.
The Governor cannot pardon federal convictions or convictions from other states.
For more information about pardons, a pardon application can be downloaded at the Pardon and Parole Board's website, www.ppb.state.ok.us.
For more information on expungement, visit the Oklahoma State Bureau of Investigation's Expungement Questions page on their website, www.osbi.state.ok.us.
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Q. How are parole files processed through the Governor's Office?
A. The Governor has 30 days in which to act on a parole file after the file physically arrives in this office. The file will not arrive in our office until the parole process unit of the Department of Corrections (DOC) and the Pardon and Parole Board are finished with the file. This usually takes about 60-90 days. After that time period, the file will be forwarded to our office where we will act within 30 days of receipt. The entire process from the date the Board recommends the inmate to the date the inmate gets out of prison can take anywhere from 60 days to 120 days or longer depending on the circumstances of the recommendation and whether the inmate has any stipulations to complete first. Paroles to another state generally require more time than paroles within Oklahoma.
The case manager of the inmate can check the state of the inmate's file on the Offender Management System. The governor cannot parole anyone without a recommendation from the Pardon and Parole Board.
If you have thoughts or concerns about an upcoming parole or commutation, please feel free to share those thoughts with the Governor's Office through letter or email.
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Oklahoma Education Lottery
Q. When was the lottery measure passed and what does it entail?
A. State Questions 705 and 706 (Legislative Referendums 330 and 331) creating the Oklahoma Education Lottery Act and Trust Fund were overwhelmingly approved by Oklahoma voters Nov. 2, 2004.
The Oklahoma Education Lottery Act creates the Oklahoma Lottery Commission, a board appointed by the governor to operate the state lottery. The governing board will write rules regarding the conduct of lottery games. At least 45% of gross proceeds from ticket sales will be returned as prizes. The net proceeds of the lottery will be used for education purposes and will equal at least 35% of ticket proceeds, except in the first two years. The remaining funds will be used to pay Lottery Commission expenses, employee salaries, and payments to vendors and retailers.
The Oklahoma Education Lottery Trust Fund is an amendment to the Oklahoma Constitution stipulating that monies from the fund may only be used for education and may not be used to replace other state funds used to support education. The State Board of Equalization will determine if any of the monies in the trust fund are being used to replace state funding of education.
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Q. Why is less money dedicated to education in the first two years?
A. The lottery requires some money start-up costs such as hiring employees, procuring office space, contracting with vendors and purchasing equipment.
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Q. Who makes up the Oklahoma Lottery Commission and what is the function of the group?
A. Governor Brad Henry announced the appointments of the seven-member Oklahoma Education Lottery Commission Feb. 21, 2005. The panel is charged with establishing and operating the Education Lottery overwhelmingly approved by Oklahoma voters in November.
Appointees include: Ron Norick, Oklahoma City businessman, manager of Norick Investment Company, former mayor of Oklahoma City (1987-98); Cindy Ball, Muskogee educator, 2004 Oklahoma Teacher of the Year, 2002 Oklahoma Foundation for Excellence Teacher of the Year; James Orbison, Tulsa attorney, former chair of Oklahoma Transportation Authority, former director of Federal Home Loan Bank of Topeka; William Paul, Oklahoma City attorney, former senior vice-president Phillips Petroleum, former director Oklahoma City Chamber of Commerce, former president American Bar Assoc.; George R. Charleton, Jr., Tulsa businessman and owner: Charleton Investments, Charleton Construction Company, Charleton Catering and Tulsa- area Subway Sandwich Shops. 1989, 1991 Minority Retailer of the Year, 1993 Tulsa Small Businessman of the Year; Linda Dzialo, Ph.D., Lawton educator (retired), former vice-president for student affairs, Cameron University, former assistant superintendent, principal and classroom teacher, Lawton Public Schools; Thomas F. Riley, Jr., Stillwater; businessman/CPA, executive vice-president/CEO of Chickasaw Telecommunications, former employee of Price Waterhouse Coopers audit and tax department.
State law requires the commission to include at least one attorney, one accountant and one professional with marketing experience. No more than two appointees can come from the same congressional district. Members are prohibited from having any interests that conflict with lottery duties. All underwent an OSBI background check. Although commissioners can begin serving immediately, they must be confirmed by the Oklahoma Senate.
Under the Education Lottery statute approved by voters, the commission is responsible for hiring an executive director to oversee the implementation and daily operation of the lottery. The panel must also approve all procurements and contracts, in addition to promulgating rules to govern lottery games.
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Q. How can I apply for a job with the staff of the lottery commission?
A. The Governor?s Office cannot accept resumes or recommendations for individuals interested in employment with the lottery commission. Employment decisions will be at the discretion of the executive director of the lottery commission. Open positions most likely will be announced in newspapers, posted with the Office of Personnel Management or listed on the state's website, www.ok.gov.
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Q. How can I become a lottery ticket vendor?
A. After the lottery commission is functioning, the group will announce the procedures by which they will operate. Those wanting to sell lottery tickets will be able to contact the commission after they release information on that process.
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Q. How can I sell lottery tickets in my convenience store?
A. Once appointments to the commission are confirmed, the commission will award contracts for the lottery network. Until the commission is functioning, the Governor?s Office will not have any information for potential lottery ticket sales. That information will be announced by the commission after it is functioning.
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Business and Commerce
Q. Why should I locate my business in Oklahoma?
A. Oklahoma has much to offer the business community. One recent study ranked Tulsa and Oklahoma City the first and third most inexpensive cities in which to do business, while another study ranked Oklahoma in the top three pro-business states for 2004.
Oklahoma offers employers a central location, a moderate climate, inexpensive utilities, a low cost of living and a great quality of life. Our Quality Jobs Act, which rewards businesses for creating new jobs, has become a model for business incentives around the country and our CareerTech vocational training system is the envy of the world.
If you are interested in locating or expanding your business in Oklahoma, please take time to review the wealth of information on the Oklahoma Department of Commerce website at www.okcommerce.gov. My Secretary of Commerce Kathy Taylor and her staff are ready to provide whatever information or assistance you may need in making the right decisions for your business.
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Q. What are some specific benefits of locating a business in Oklahoma?
A. Major U.S. Cities
Equidistant between New York, Los Angeles, Mexico City and Canada, Oklahoma provides convenient access to all the major cities in the U.S.
Southwest Region of the U.S.
Oklahoma is a prime location to serve manufacturing and distribution facilities in the Southwest and surrounding markets.
North America
Being centrally located in the United States and in the heart of the Nafta corridor, Oklahoma has equal access to markets in Canada and Mexico.
Airports
With two international airports and other commercial airports in major cities, Oklahoma can meet your needs for air passenger service and distribution. Oklahoma City's Will Rogers World Airport and Tulsa's International Airport let you send or receive cargo to and from any point in the world. Over a dozen major air and cargo carriers serve Oklahoma.
Waterways
The McClellan-Kerr Arkansas River Navigation System is the nation's most inland all weather seaport, linking Oklahoma to major U.S. markets along the Mississippi River and the ports. This commercially navigable 445-mile waterway, which enters the Mississippi River at river mile 599 above New Orleans, provides for barge shipping over 10 million tons per year. Two publicly developed Oklahoma ports at Catoosa and Muskogee are on the McClellan-Kerr Arkansas River Navigation System.
Railroads
Railroads in Oklahoma continue to be a vital resource for the growing manufacturing, merchandising and distribution economy in our state. 14 rail carriers serve a large portion of the state support transportation system.
Motor Freight
Oklahoma is America's trucking hub, offering same day delivery to over 75 million people and overnight delivery to 94% of the nation. I-35 runs north and south, I-40 travels east and west and I-44 reaches the industrial northeast. Hundreds of distribution firms take advantage of Oklahoma's One-Stop fleet registration system.
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Q. Who should I contact about locating my business in Oklahoma?
A. The Oklahoma Department of Commerce provides one-stop location assistance to companies considering new domestic or international investment. Oklahoma is one of the best places to pursue the American Dream of financial prosperity, a happy and balanced life, and unlimited opportunities for success. (Information provided by the Oklahoma Department of Commerce).
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Start-Up Business
Q. Where do I get a sales tax permit?
A. Through the Oklahoma Tax Commission, (405) 521-3160.
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Q. Do I need a license to open a business in Oklahoma?
A. There is no general license to own and operate a business in Oklahoma. Many businesses, business owners and/or employees, such as beauty salons and restaurants, require specific licenses and permits to operate in the state. Using the beauty salon example, the business does not require a license, but the beauty operators do need a license. You may also need to register your business with the Secretary of State or Oklahoma Tax Commission
To find out what licenses, permits, and registrations pertain to your business, select your specific business type from the menu in the Business Licensing System . This online tool provides one-stop information for license and permit requirements for the state of Oklahoma. After selecting your business type from the list, complete the short form that obtains more specific information about your particular business. After submitting the form, you will see a list of the required permits and licenses for your type of business and links, where available, to forms or additional resources.
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Q. I?m starting a construction company. Do I need a license?
A. This business activity is considered in the general category of a General Contractor, for which there is no specific state license. Out-of-state contractors must contact the Oklahoma Tax Commission at (405) 521-3279 to register and pay a bond (if working on commercial properties). They must also contact the county clerk where the work is located and register the starting and ending dates for the project.
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Q. Where do I get a reseller permit?
A. Resellers need a Sales Tax Permit that can be obtained through the Oklahoma Tax Commission, (405) 521-3160.
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Q. Do I need to register my business trade name with anyone?
A. It is not required to register a trade name. However, you may want to check the Oklahoma Secretary of State website Business Services section to determine name availability. Once you determine the name you want is available, you can register the name with the State using the Trade Name Report to protect the name of your business.
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Q. Where do I file a DBA (Doing Business As)?
A. A DBA is called a Trade Name Report and is filed with the Oklahoma Secretary of State, (405) 521-3911.
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Q. How can I finance my new business?
A. Assistance from personal resources, such as family and friends, followed by traditional financing through a local lending institution where you have an established relationship are usually the most common methods for funding your start-up business. Some businesses may qualify for assistance in the form of loan guarantees from the Small Business Administration (SBA). In fact, most financial institutions will require an SBA guarantee. Many banks have departments that specialize in SBA lending. An SBA Prequalification Intermediary can help you to prepare your application for a loan. To find the intermediary closest to you, contact the SBA district office in Oklahoma City at (405) 231-5521.
It is possible non-profit organizations could find some financing assistance through federal or foundation grants. Any reputable lender and many grant administrators will expect to see a thorough business plan.
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Q. I?ve heard there is grant money available to help fund my for-profit start-up business. Where can I find those grants?
A. Typically, grant money is only available to assist non-profit organizations. If your business is non-profit, you will want to start with the www.grants.gov and Foundation Center websites. However, the availability of grant funds for for-profit businesses is extremely limited and typically highly specialized. We have found no consistent, reliable source for small businesses either public or private. We don?t want to discourage you from searching for such funding, but the Oklahoma Department of Commerce is not aware of for-profit grant funding.
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Q. Who can provide assistance for writing a business plan?
A. You can get one-to-one assistance through one of the many Oklahoma Small Business Development Centers located throughout Oklahoma. To find the closest center to you, call (800) 522-6154 or visit the OSBDC website. You may also find business plan help through one of Oklahoma?s Career Technology Centers. Visit their website to learn more about the help available. If you prefer to go online to get help, visit the Small Business Administration Business Plan Basics website.
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Q. How do I get certified as a minority-owned business?
A. There are several organizations that certify minority-owned businesses; each is different in its emphasis, depending on your target market. For instance, there are certification programs if you want to compete only in the private sector or for federal contracts. Click here for a list of the certification programs available.
Certification as a minority-owned business can be an asset in competing for contracts and in procurement needs. For more information, visit the Minority-Owned Business page.
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Q. How do I get certified as a woman-owned business?
A. Like minority business owners, women-owned businesses have several advantages when competing for contracting opportunities in Oklahoma. To qualify for Oklahoma Department of Commerce certification as a woman-owned business, a business must be at least 51 percent owned and controlled on a day-to-day basis by one or more women.
To apply for certification, download and complete the Women-owned Business Certification Application.
Mail the completed document to:
Oklahoma Department of Commerce
Woman-owned Business Certification Program
P.O. Box 26980
Oklahoma City, OK 73126-0980
For more information on the certification program and additional resources, visit the Women-Owned Business page.
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Q. I need assistance in exporting. Does the Department of Commerce provide help in this area?
A. Yes. Commerce?s Export Solutions team provides comprehensive assistance to businesses wishing to develop their global markets. Export Solutions, working closely with the U.S. Department of Commerce, offers workshops, information and one-to-one consulting to help businesses with exporting needs. This group provides assistance in customs, foreign permits, financing, and market analysis as well as hosts foreign trade missions and sponsors global catalog trade shows. To learn more, visit the Global Assistance section of the Department of Commerce website or contact the Export Solutions team at (800) 879-6552.
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Q. I have certain questions about developing and operating a small business. What resources are available?
A. There are dozens of resources available to help you with your start-up business. Here are few:
? If you?re just starting out, a great online resource is the Small Business Administration Frequently Asked Questions page.
? For help a little closer to home, visit the Oklahoma Small Business Development Center website and find a location closest to you. The OSBDC provides workshops and consultation throughout the year at numerous locations around the state.
? Perhaps you?d like to learn more about Oklahoma business incubators that accelerate development and success of start-up and existing businesses.
? The Commerce Developing Your Oklahoma Business section provides links to other helpful resources.
? The Tulsa Metro Chamber Small Business Council mentors early-stage businesses and the Oklahoma City Chamber of Commerce offers a handy document for download called ?10 Steps to Starting Your Own Business?.
(Information provided by the Oklahoma Department of Commerce).
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Contacting Department of Human Services
Q. I tried to contact the Oklahoma Department of Human Services, but I was connected to the Governor's Office? How can I reach DHS instead?
A. The most recent edition of the SBC phone book misidentifies the Oklahoma Department of Human Services' phone number as that of the Governor's Office. You can contact their office directly at (405) 521-3646.
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Appointments
Q. Can I make a recommendation or give support for someone being considered for an appointment by the Governor? Can I also express opposition to a possible appointment?
A. Yes. Letters of recommendation or support for appointments can be submitted to the Governor's Office. Letters of opposition can also be submitted in writing. The Governor's Office does not accept feedback on appointments verbally. Letters or emails may be directed to Kristi Ice, Director of Appointments.
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Q. How can I apply to be appointed to a board or commission by the Governor?
A. Applications for appointment are located on the Appointments page of this website.
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Q. To which boards and commissions does the Governor appoint persons?
A. A full list of boards and commissions with Governor-appointed members can be found on the Appointments page of this website.
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Oklahoma College Savings Plan
Q. What are the tax benefits of the plan?
A. The interest earnings are exempt from federal (26 U.S.C. §529) and State of Oklahoma (68 O.S. §2358(D)(16)) taxable income until withdrawn to pay higher education expenses.
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Q. What is the minimum contribution?
A. You can open an account with as little as $ 25. Contributions can be as low as $15 per pay period through payroll deduction.
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Q. What can the money be used to buy? Can it be used to buy clothes for the college student, pay for an apartment, buy a car, gas, car insurance, groceries, etc.?
A. Withdrawals can be used to pay tuition, fees, supplies, certain room and board costs, books, and equipment.
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Q. Does my child have to attend a four-year public college in Oklahoma?
A. No. Money in the Oklahoma College Savings Plan can be used to pay for college at a two-year or four-year institution, for undergraduate, graduate, or professional education. It can also be used at an approved business, trade, technical or other occupational school, such as a post-secondary vocational technical school. You can attend college anywhere in the country, at a public or private institution, and use the money in the Oklahoma College Savings Plan.
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Q. Is there a limit on how much income I can earn and still qualify to open an Oklahoma College Savings Plan Account? How is a Qualified Tuition Savings Plan different from an Education IRA?
A. The Oklahoma College Saving Plan Account is available for people of all income levels. An Education IRA is limited to $ 500 per year, per child, and there are limits on the income a family can earn and still qualify to open an Education IRA. Additionally, if a contribution is made to the Oklahoma College Savings Plan in a given tax year, no contribution may be made to an Education IRA for that same beneficiary by anyone that same year. If this does occur, the amounts contributed to the Education IRA will be subject to a federal excise tax.
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Q. Who can open a plan? Do we have to be relatives? Can several people open separate accounts for the same child?
A. Anyone can open a plan. You do not have to be related to the beneficiary to open a plan for them. You can even open a plan for yourself, your employees, or for a neighbor. Accounts may be opened for the same child by different people. A maximum amount of $235,000 may be contributed for one beneficiary.
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Q. Do I have to live in Oklahoma to open a plan? What if I move out of Oklahoma after I open the account? Does my child or grandchild have to live in Oklahoma?
A. You do not have to live in Oklahoma to open a plan, but there are Oklahoma state income tax benefits if you do. If you move out of Oklahoma, you can still use the federal tax benefits. You should consult your tax advisor about the tax consequences of no longer being an Oklahoma resident. The beneficiary, who can be a child, grandchild, niece, nephew, etc., yourself, employees, or even a neighbor, does not have to live in Oklahoma either.
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Q. If I open an account for my child, can the child's grandparents contribute money into that same account? Do they have to open a separate account?
A. The tax advantages for a Qualified State Tuition Plan like Oklahoma's are available for the account owner. There may be other tax advantages for grandparents to make gifts to the child's parents, but the tax deferral features of the Oklahoma College Savings Plan are for the account owner.
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Q. What taxes are assessed when money is withdrawn to pay for higher education expenses?
A. No taxes are charged by the state or federal government on qualified withdrawls from the Oklahoma College Savings Plan.
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Q. Can I deduct the money I contribute into the plan from my taxable income?
A. The Oklahoma College Savings Plan is the only 529 plan with an Oklahoma income tax deduction. Up to $2,500 can be deducted per contributor, per account, per year from Oklahoma taxable income. Also, interest earnings are free from Oklahoma and federal income taxes.
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Q. What happens to the contributions and earnings in the plan if my child does not go to college? What if my child does not spend all the money I have saved and the interest I have earned in the College Savings Plan? What if my child receives a full scholarship for college or appointment to one of the United States Military Service Academies?
A. You can change the beneficiary, or leave the money in the account in case your child decides to attend college later. The money can also be used for training at a post secondary vocational technical school. If the funds are distributed due to death, disability, or scholarship award to the beneficiary, the 10% penalty is not levied although the income is subject to state and federal income tax at the owner's tax rate. Any earnings withdrawn and not used for qualified expenses will be subject to a 10% penalty on the income earned, and is ". . . paid to the Board for use in operating and marketing the program and for state student financial aid." [70 O.S. §3970.7(H)] . This 10% penalty is required by the federal tax laws at 26 U.S.C. §529(b)(3), which requires ". . . a more than de minimis penalty on any refund of earnings from the account. . ." for non-qualified withdrawals. This is in addition to state and federal income tax owed on the income withdrawn.
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Q. Can an account be opened at a local bank?
A. No. To help keep down the costs of administration, the Oklahoma College Savings Plan is managed by a nonprofit organization, TIAA-CREF Tuition Financing, Inc.
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Q. Who is TIAA-CREF Tuition Financing, Inc.?
A. TIAA-CREF Tuition Financing, Inc., is a part of TIAA-CREF, the Teachers Insurance and Annuities Association, College Retirement Equities Fund which has been in existence for over 80 years. They will serve as the fund manager for the Oklahoma College Savings Plan. They have successfully launched college savings plans in California, Missouri, Kentucky, New York, and Vermont. With more than $250 billion in assets under management, TIAA-CREF is a leading financial services organization and a major institutional investor. TIAA is the Teachers Insurance and Annuity Association, one of only three U.S. firms to hold triple-A ratings from all four major independent analysts of the insurance industry. CREF is the College Retirement Equities Fund, an open-end, diversified management company registered with the federal Securities Exchange Commission. You may learn more about them on the internet.
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Q. What interest rate will contributions to the plan earn? What types of investments can be made?
A. Examples of the account portfolios are included with the enrollment materials. Call TOLL FREE, 1-877-OK4SAVING (654-7284) to request information. You can also access the official Oklahoma College Savings Plan website at http://www.ok4saving.org. Click on enroll today, and then select account portfolios to view them on-line. There is a "College Savings Calculator" on the TIAA-CREF web page which approximates the cost to send your child to college.
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Q. I have an investment account with my stock broker for my child's college education expenses. Is the Oklahoma College Savings Plan just as good a deal? My daughter is currently a freshman, and her college money is in a mutual fund investment. We are taxed yearly on the earnings. Would it be better to move her college money into the Oklahoma College Savings Plan? Can the money saved in our 401K be transferred to the Oklahoma College Savings Plan.
A. One of the most attractive aspects of The Oklahoma College Savings Plan is that interest on earnings accumulate tax free until withdrawn. The Oklahoma College Savings Plan will have at least one investment option where funds will be invested in stocks/mutual funds. Currently there is no legislation which allows a tax and penalty free transfer from a 401K to the College Savings Plan. Whether the Oklahoma College Savings Plan provides a greater financial benefit for you is something to discuss with your financial advisor.
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Q. Isn't a Roth IRA a better way to save for college? Contributions may be made up to $ 2,000 to a Roth with after tax dollars, which is just like the Oklahoma College Savings Plan, but after five (5) years the money may be distributed tax free.
A. Not necessarily. You must be 59 ½ to make qualified distributions not subject to taxes from a Roth IRA. There is no age requirement for the account owner in the Oklahoma College Savings Plan to make withdrawals to pay for higher education expenses.
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Q. I funded a Uniform Gift to Minors Act account for my grandchild. I put the child's mother as the trustee. Can this money be converted to the Oklahoma College Savings Plan Act. Can an Educational IRA be converted to the Oklahoma College Savings Plan?
A. Yes. You could convert this money into the Oklahoma College Savings Plan but it is likely that the Internal Revenue Service would tax the money at the time of transition since the law (26 U.S.C. §529) does not currently support a penalty free roll over from a Uniform Gift to Minors Act or an Educational IRA. The benefit of opening an Oklahoma College Savings Plan account is that the funds are limited to paying higher education expenses and if you need the money for yourself you can even take it back. With a Uniform Gift to Minors Act transfer, the money is released to the child at the age of eighteen without any restrictions.
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Q. I have purchased U.S. Savings Bonds to save for my child's college education. Can withdrawals from the Oklahoma College Savings Plan and the U.S. Savings Bonds be used in the same year to pay higher education expenses? Can I redeem the savings bonds, and use the money to open an account in the Oklahoma College Savings Plan?
A. Questions about how to redeem U.S. Savings Bonds and information on the education tax exclusion are available at http://www.savingsbonds.gov on the internet. More specific questions about the tax consequences of the redemption of U.S. Savings Bonds should be discussed with your financial advisor.
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Q. How will the money saved in the Oklahoma College Savings Plan affect my child's ability to qualify for need based financial aid?
A. The money saved in the Oklahoma College Savings Plan account will be considered an asset of the account owner, not the beneficiary. This is because the beneficiary can be changed. Eligibility for federal financial aid is calculated by a formula which considers a percentage of the assets of the student and their parents. For more detailed information, contact a financial advisor.
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Q. My child will be a college freshman next year. Is it too late to save? What kind of return can I expect?
A. The different investment options are listed on-line at www.ok4saving.org. As a college freshman, your child may attend college four or more years during which interest on unused contributions will continue to grow. You won't have a long time to build up an account, but the earnings will still be tax deferred.
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Q. Can I open an Oklahoma College Savings Plan account for myself?
A. Yes.
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Q. Once money is withdrawn for college expenses, can contributions still be made to the plan? Will my money continue to grow?
A. Contributions can be made after withdrawals. All funds in an account will be invested.
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Q. Is this a "prepaid tuition" plan?
A. No.
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Q. Do Oklahoma's public universities and colleges already have prepaid tuition plans?
A. No.
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Q. Where can I obtain an application to open an account?
A. Call TOLL FREE, 1-877-OK4SAVING (654-7284) to request information. You can also access the official Oklahoma College Savings Plan website at www.ok4saving.org.
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Q. Where can I access more information on the internet?
A. www.tiaa-cref.org
www.collegesavings.org
(Information provided by the Oklahoma Treasurer's Office).
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Consumer Complaints and No Call List
Q. What is the Oklahoma Telemarketer Restriction Act Consumer Registry?
A. The Oklahoma Telemarketer Restriction Act Consumer Registry lists the telephone numbers of Oklahomans who don't want unsolicited telemarketing calls and have properly registered with the Oklahoma Attorney General. The Telemarketer Restriction Act, passed in 2002, prohibits telemarketers from contacting Oklahomans on the list, with some exceptions that were written into the law.
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Q. What are the exceptions?
A. The Telemarketer Restriction Act has some exceptions. Oklahomans should know that registering should reduce the number of telemarketing calls they receive but, the calls will not stop completely. Oklahoma law provides exceptions for:
- Solicitations for charitable or religious groups,
- Solicitations for political candidates and causes,
- Solicitations for not-for-profit organizations organized under 501(c)(3) of the IRS code,
- Solicitations to arrange a face-to-face meeting between a sales person and consumer,
- Solicitations from telemarketers with whom the consumer has an established business relationship.
The established business relationship is one formed in the preceding 24 months by a voluntary, two-way communication. The consumer does not have to purchase goods or services to create an established business relationship, any inquiry or application by the consumer is sufficient.
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Q. How do I register?
A. Consumers will be able to register telephone numbers by internet, mail or by calling a toll-free telephone number. When registering, consumers will be asked to provide their name, physical address, county and email address.
-Consumers are able to register on-line on the Attorney General's website (click here)
-Consumers are able to register by mail by completing a registration form (available online)
-Consumers are able to register by phone by calling:
Tulsa Area: 918-584-4411
Oklahoma City: 405-604-4665
Statewide: 800-390-5708
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Q. How much does it cost to register?
A. Registration is free for consumers. Telemarketers who want to solicit business in Oklahoma must purchase the list and remove the names and telephone numbers of Oklahomans who have registered from their list of potential customers. Registration will be effective for two years.
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Q. When does the law take effect?
A. The Law takes effect January 1, 2003. The law allows telemarketers 30 days to remove consumers' names from their solicitation list and the list will be updated on a quarterly basis.
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Q. What is the function of the Consumer Protection Division?
A. The Consumer Protection Division provides mediation services to consumers to help resolve complaints against businesses. The Division can also provide information about complaints that have been filed against businesses, and provide publications to help you make good decisions in the marketplace. The Division also brings law enforcement actions against businesses that harm large numbers of Oklahoma consumers through unfair and deceptive practices.
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Q. What qualifies as illegal unsolicited commercial email or junk email under Oklahoma law?
A. 1. Oklahoma's law makes it illegal to send a junk email using:
- False transmission or routing information otherwise known as false header information
- False or misleading information in the subject line.
- A third party's email address without permission
2. Oklahoma's law requires that all junk email be labeled as:
- "ADV:" within the first four characters of the subject line
- "ADV-ADULT:" within the first ten characters of the subject line for Junk email containing sexually explicit material, or advertising sexually explicit goods or services.
3. Oklahoma's law requires all junk email to provide a mechanism allowing recipients to easily and at no cost remove themselves from the sender's electronic mail address list.
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Q. When should I file a complaint about a junk email?
A. - Contains false or misleading information in the subject line.
- Comes from a sender who has provided a false header
- Does not have "ADV:" as the first four characters in the subject line.
- Is sexually explicit and does not have "ADV-ADULT:" as the first ten characters in the subject line.
- Comes from a sender who does not provide a toll-free phone number or valid return email address for you to inform the sender to stop sending spam.
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Q. What are the instructions for filing a junk email complaint?
A. Unsolicited email is difficult to track. More specific information is needed. Fill out the online complaint form, then forward the unsolicited email to the Attorney General's Office with the full extended headers included. Below is an outline of the complaint process.
- Fill out the online complaint form.
- After submitting the Attorney General's Office will send you your complaint ID number and an email address
- Open the email you wish to forward and view the extended headers.
- Copy the extended header information and then click Forward to compose a new message. Paste the extended header information into the top of the new message, above the content that was received in the original message.
- Copy and Paste the provided email address and paste it in the "To" section of your new message.
- Copy and Paste the ID code into the beginning of the subject line. You can delete the rest of the subject information if you desire. The ID code must be the first 32 characters in the subject line.
- Now just send the message. File Junk Email Complaint Form
Learn more about fighting Unsolicited Commercial Email
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Q. What happens to your junk email complaint?
A. Junk email complaints filed with our office will be entered into our database for potential future enforcement action. Because of the enormous volume of "spam" complaints that the Attorney General's Office could receive, and the difficulty and time needed to track their origin, they do not forward consumer complaints to junk emailers. Similarly, they do not send email responses back to you other than the web-based confirmation number you'll receive after filling out the form. Rather, they monitor our complaints for trends and potential investigations.
(Information provided by the Oklahoma Attorney General's Office).
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State Information
Q. Where is the nearest Indian Reservation?
A. Oklahoma doesn't have Indian Reservations. We do, however, have 39 federally-recognized tribal nations' headquarters in the state, and rank second to California as the state with the largest Native American population.
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Q. Is there any casino gambling in Oklahoma?
A. Although some of the Indian tribes are now calling their gaming facilities casinos, they aren't the type you'll find in Las Vegas or Atlantic City. Oklahoma has Class 2 gaming only. Indian bingo and some electronic gaming is what you'll typically find here, with jackpots often in the thousands and higher.
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Q. Where is the home of Garth Brooks?
A. Garth Brooks was raised in Yukon, a western suburb of Oklahoma City. He went to college at Oklahoma State University in Stillwater, where he began his country & western music career in a local club called Tumbleweeds.
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Q. Are there any national parks in Oklahoma?
A. There are three locations in Oklahoma that are under the administration of the National Park Service: the Chickasaw National Recreation Area at Sulphur which used to be called Platt National Park, the Washita Battlefield National Memorial Monument at Cheyenne, and the Oklahoma City National Memorial in Oklahoma City. Another 'national' site that is popular with campers is the Ouachita National Forest, located in southeastern Oklahoma.
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Q. Where can I see buffalo?
A. Buffalo herds can be viewed at one of four locations in the state: Woolaroc Museum Ranch near Bartlesville, the Wichita Mountains Wildlife Refuge near Lawton, Tallgrass Prairie Preserve in Pawhuska or at the Pawnee Bill Museum & Ranch in Pawnee.
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Q. Where do I go to research my Indian family history?
A. You can contact the Oklahoma Indian Legal Services at (800) 658-1497 or (405) 943-6457 for a copy of their "Tracing Your Indian Roots" brochure. The Oklahoma Historical Society library in Oklahoma City provides archives and other information as well on this subject.
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Q. How do I get married in Oklahoma?
A. You must have a blood test made in the state of Oklahoma. You can then apply for a license at any of our 77 county courthouses. You do not have to get married in the same city or county as your license was issued.
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Q. Do Oklahoma state parks recognize the Golden Age Passport?
A. Our state parks do not honor the Golden Age Passport. A discount is given to visitors from states who in return give Oklahoma seniors a discount when they visit those states. At the present time, those states are Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Pennsylvania, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Hampshire, Tennessee and West Virginia.
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Q. What is the difference between a storm watch and a storm warning?
A. The National Weather Service issues a storm watch when conditions are favorable for a storm to develop. A storm warning is issued when a storm is in progress.
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Q. What do I do in case of a tornado?
A. If you believe you are in the path of a tornado, seek cover in a low place such as a ditch. Do not stay in your vehicle. If indoors, go to a basement if possible or the center part of the structure, such as a closet, bathroom or hallway.
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Q. Where do I get a passport?
A. You can obtain a passport by going to a post office. Most of the branch post offices offer this service, but it would be best to call ahead. Some have certain days they do it and take the picture, etc. For more info on passports, see travel.state.gov/passport_services.html.
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Q. What are your motorcycle helmet laws?
A. Anyone under the age of 18 must wear a helmet if riding on a motorcycle. Some city ordinances also require that headlights be on at all times.
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Q. What are the state requirements for a vendor to participate in an arts & crafts show?
A. If the vendor will be selling art or craft items and is an Oklahoma resident, a sales tax permit must be obtained from the Oklahoma Tax Commission at (405) 521-3279. Vendors selling food or beverages must obtain a permit from the Oklahoma Health Department at (405) 271-4200 to participate at these type of events.
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Q. Where Can I Find the Oklahoma Video?
A. This video, simply titled Oklahoma, is a one-hour documentary-style film about the history, heritage, land and people of Oklahoma. It is a fantastic piece of work that would make any Oklahoman proud. The film was produced a few years ago, but is still available for purchase through Oklahoma Today Magazine. The cost is $14.95 plus tax and shipping. You can contact Oklahoma Today at (800) 777-1793, (405) 521-2496, or www.oklahomatoday.com.
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Q. Do you have Amish or Mennonite communities in Oklahoma?
A. There are several areas in Oklahoma that the Amish reside, however, the most predominant location is in Chouteau, located 20 miles east of Tulsa, and the nearby communities of Inola and Mazie. Here, you can visit an Amish family and sample an Amish meal. For more information about this, contact the Chouteau Chamber of Commerce at (918) 476-8222. Another location in Oklahoma known for its Amish families is Clarita, located in southeastern Oklahoma between Ada and Durant. Their Amish Auction & Crafts and Antiques Sale draw thousands every September. Just south of Weatherford in southwestern Oklahoma is the small town of Corn. Visitors are invited to an Amish-Mennonite meal during the German Feast & Auction held annually in February. The community of Enid, located in northwestern Oklahoma, also hosts an annual event featuring handmade quilts and other craft items with proceeds going to the Mennonite Central Committee. The event, Oklahoma Mennonite Relief Sale, is in November.
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Q. What do I need to know to go boating in Oklahoma?
A. To operate your boat on an Oklahoma lake, it must first be registered in your home state. Oklahoma regulations also require you to have on board a fire extinguisher, throw cushion or flotation device, an oar and life jackets for each person on board. Children 12 and under MUST be wearing their life jackets. For more information contact the Oklahoma Lake Patrol at (405) 425-2143.
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Q. Where can I find information to float the Illinois River?
A. You can search on the Oklahoma Department of Tourism website under Lodging for Resorts or Campgrounds in Tahlequah to get a list of properties along the river. The Oklahoma Scenic Rivers Commission, headquartered in Tahlequah, can mail you a free Floater's Guide that includes tips and general river info, a map and listing of canoe outfitters and resorts. You can reach them at (918) 456-3251 or OSRC@fullnet.net. The Tahlequah Chamber of Commerce also has information about the Illinois River on their website, http://www.tahlequahok.com/chamber. If using your own canoe, state regulations require you to register your canoe with a tag agency, display registration and decal on canoe, carry copy of waterproof registration with you in canoe, have life jackets for every adult in canoe and children under 12 must be wearing the jacket, and you must have a sound device in the canoe such as a safety horn, whistle or compressed air horn. Although the Illinois River is the most well-known area for floaters, other locations in Oklahoma include Greenleaf Lake (northeast), Lakes Watonga and Boecher (northwest), the Mountain Fork River (southeast) and Spring River (northeast).
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Q. Are there places to ride four wheelers in Oklahoma?
A. There are several locations around the state that have trails for all terrain vehicles and off road vehicles. You can search for these locations on the Oklahoma Department of Tourism website under Things To Do, Outdoor Recreation, Trails.
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Q. I'm looking for information about a crystal digging area that I've heard about?
A. The area you are referring to is part of the Salt Plains Federal Wildlife Refuge near Cherokee in northwest Oklahoma. (We also have a state park with cabin accommodations located adjacent to the refuge.) This is the only location in Oklahoma where you can dig for the tea-colored selenite crystals. Refuge personnel recommend you bring a good-sized shovel, a coffee can or other rigid container to dip in water, something to put the crystals in and clean water to clean up with. They also suggest you wear a hat and sunscreen in warmer months because the salt flats tend to be hotter and more windy. The digging grounds are open to the public at no charge from sunup to sundown April 1 through October 15. For more information, call the refuge at (580) 626-4794.
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Q. Where is the AMTRAK station in Oklahoma City and what services and lodging are nearby?
A. The Amtrak station in Oklahoma City is located in the downtown area on E.K. Gaylord between Reno and Sheridan. It is considered a 'whistle stop' station because there are no ticket agents on site. (the station is currently undergoing renovations and restoration, but is still serviceable to travelers.) For tickets, it is recommended you contact a travel agent or Amtrak at (800) 872-7245. Parking is available across the street in an underground lot at the Myriad Convention Center for $6 per day. There are two hotels within one block of the station, the Westin and the Renaissance Marriott. No taxis or rental cars are on site at the Amtrak station, but the city does operate a trolley route between the downtown area and Meridian Avenue, where numerous hotels and restaurants are located. Bricktown, Oklahoma City's newest entertainment district, is adjacent to the Amtrak station where the Bricktown Ballpark, and several restaurants and clubs are located. The Greyhound Bus Station is located three blocks from the Amtrak station.
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Q. Where is the nearest airport to Fort Sill?
A. Oklahoma has three commercial airports -- Oklahoma City, Tulsa and Lawton -- that service most national carriers. Fort Sill is located on the north side of Lawton, therefore, visitors to this military base would fly into the Lawton airport which is located on South 11th Street about five miles from the base. For website links to Oklahoma's airports and military installations, click on Information Center on the Oklahoma Department of Tourism home page, then select Visitor Info.
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Q. Where can I rent a houseboat?
A. There are four locations in Oklahoma we are currently aware of that rent houseboats. They are Willow Springs Marina on Lake Texoma, (580) 924-4950,
http://www.willowspringsmarina.com; Beavers Bend Marina on Broken Bow Lake, (580) 494-6455, http://www.brokenbowlake.com; Evergreen Marina on Lake Eufaula, (918) 799-6113, http://www.evergreenmarina.com; and Eufaula Cove Marina on Lake Eufaula, (918) 689-7723, http://www.eufaulacovemarina.com.
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Q. Where is Turner Falls and how can I get more information about it?
A. Turner Falls is a city park of Davis, located in southcentral Oklahoma. Its biggest attraction is the 77 foot waterfall and other natural pools where visitors frequently travel in the summer to cool off. There is also camping and picnic facilities in the park. To get there, take Exit 51 from I-35 and follow the signs. If you go to Site Search from the Oklahoma Department of Tourism home page, and enter turner falls, you should pull up information about this location.
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Q. What is a Sooner?
A. Oklahoma's nickname is the Sooner State. During the late 1800s, land runs were held in what is now Oklahoma. The movie, Far and Away, with Tom Cruise and Nicole Kidman was about one of these land runs. The name, sooner, was used for those landrunners who snuck past the territory markers prior to the actual shotgun start in search of the best land areas. Much of northern and central communities in Oklahoma was established in a matter of hours. Norman is one of these communities, which is also the home of the University of Oklahoma, whose mascot is a sooner.
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Q. I've heard of a statue that shows Christ weeping. Can you tell me where this is?
A. St. Joseph's Old Cathedral Church in downtown Oklahoma City erected this statue as a result of the Oklahoma City bombing that occurred in 1995. The church is located at 307 NW 4th Street, just south of the Oklahoma City National Memorial. You will find the statue of Christ weeping behind their church, which is open to the public 24 hours a day.
(Information provided by the Oklahoma Tourism and Recreation Department).
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Foreign Embassies and Consulates
Q. What foreign embassies or consulate offices are located in Oklahoma?
A. There are no foreign embassies located in Oklahoma but our state does host several honorary consulate offices: Bolivia, Denmark, France, Germany, Japan, Nicaragua, Norway, Peru, Romania and Thailand. For updated contact information for these consulate offices, refer to http://www.state.gov/s/cpr/rls/fco/.
For a complete list of known web sites for foreign embassies in the U.S., visit http://www.state.gov/misc/10125.htm/. The information on the embassy websites will direct you to the consulate office nearest you.
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Governor's Role in the Legislative Process
Q. How is the Governor a part of the law making process?
A. Every bill passed by the Legislature during regular session and prior to adjournment shall, before it becomes a law, be presented to the Governor. If he approves, he signs it. If not, he vetoes it and returns it to the Legislature with his objections. The Legislature can override his objections by a two-thirds majority vote.
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Q. Does the Governor introduce legislation?
A. Only members of the Oklahoma Legislature can introduce legislation. Governors can not introduce legislation. They may have their budgets and major program initiatives drafted into bill form for introduction, but the bills must have legislative sponsors before they can be introduced.
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Q. When is the Legislature in session?
A. The Oklahoma Legislature meets annually, beginning at noon on the first Monday in February and continuing until Sine Die, usually 5 p.m. on the last Friday in May. In odd-numbered years, the regular session also includes one organizational day in January. The Legislature meets at noon on the first Tuesday after the first Monday in January and recesses no later than 5 p.m. on the same day. Legislatures are made up of two consecutive sessions, i.e., 1st Session of the 50th Legislature began in 2005 and the 2nd session of the 50th Legislature will begin in 2006. Normally, the legislature is in session Monday through Thursday of each week.
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Q. What kind of legislation is presented to the Governor for action?
A. Once a bill has been agreed upon and passed in both houses in identical form, it is Enrolled and presented to the Governor. Bills (HB or SB) become law if passed by both houses of the Legislature and signed by the Governor. Joint Resolutions (HJR or SJR) have the force and effect of law if passed by both houses and signed by the Governor. Bills propose new statutes, amendments to existing statutes or repeal of statutes. Joint resolutions look like and proceed through the legislative process much like bills. Frequently, joint resolutions will not amend statute, but will have the full force and effect of law if approved by the Governor or by voters, i.e., in the case of joint resolutions containing state questions. Legislation which originates in the Senate is numbered consecutively beginning with "1," and legislation which originates in the House is numbered consecutively beginning with "1001."
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Q. How long does the Governor have to act on bills that are presented to his office?
A. During the legislative session, the Governor may "approve" or "veto" a bill within five days (excluding Sundays) or may refuse to sign it and allow the bill to become law "without approval" after the five-day period has elapsed. A bill may become law regardless of the Governor's veto if it is passed by 2/3 majority of each house.
A bill enrolled in the last five days before Sine Die may not become law after final adjournment of the Legislature unless the Governor approves it within 15 days after adjournment. A bill not signed within 15 days after adjournment is said to have been "pocket vetoed." A bill that becomes law is officially filed with the Secretary of State, www.sos.state.ok.us.
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Q. When do bills signed by the Governor take effect as law?
A. Bills signed by the Governor become effective 90 days after adjournment of the Legislature. If the bill has an emergency clause, it becomes effective when signed by the Governor or on the date specified in the emergency clause if it is less than 90 days after adjournment. If the effective date of a bill is more than 90 days after adjournment, the law takes effect on the date specified.
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Q. Does the Governor's website record his official action on legislation?
A. As bills are acted on by the Governor, the official record is filed with the Secretary of State's office, www.sos.state.ok.us.
The information on the Governor's legislative bill tracker, www.gov.ok.gov/billtrack, is provided for the public's convenience and does not constitute an official record.
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