ATTORNEY GENERAL LOVING ASKED ME TO RESPOND TO YOUR LETTER IN WHICH YOU ASKED, IN EFFECT, THE FOLLOWING QUESTION:
MAY A COUNTY PURCHASING AGENT, UNDER THE AUTHORITY OF TITLE 19 O.S. 1501(A)(5), MAKE A LEASE OR LEASE PURCHASE AGREEMENT FOR USED ROAD MACHINERY AND EQUIPMENT BY FOLLOWING THE BIDDING PROCEDURES AS PROVIDED IN 19 O.S. 1505 OF TITLE 19 AND THE REQUIREMENTS OF 19 O.S. 1501 OF TITLE 19?
BECAUSE YOUR QUESTION CAN BE ANSWERED BY APPLYING PRINCIPLES OF STATUTORY CONSTRUCTION TO THE CONTROLLING STATUTES, THIS OFFICE HAS DECIDED TO RESPOND TO YOUR REQUEST THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, IT IS BASED ON MY ANALYSIS AND CONCLUSIONS REGARDING THE QUESTION YOU RAISED.
GENERAL AUTHORITY OF COUNTIES TO ENGAGE IN LEASE AND LEASE-PURCHASE AGREEMENTS
COUNTIES IN OKLAHOMA POSSESS ONLY THOSE CORPORATE POWERS WHICH HAVE BEEN ASSIGNED TO THEM BY EXPRESS PROVISIONS OF POSITIVE LAW. BD. OF COUNTY COM'RS OF OKL. COUNTY V. WARRAM, 285 P.2D 1034 (OKLA.1955). SEE ALSO, LAIRMORE V. BOARD OF COUNTY COM'RS, 195 P.2D 762 (OKLA.1948). THEREFORE, COUNTIES ONLY HAVE AUTHORITY TO LEASE OR LEASE PURCHASE ROAD MACHINERY AND EQUIPMENT IF THAT POWER IS EXPRESSLY GIVEN TO THEM BY POSITIVE LAW.
COUNTY LEASES AND LEASE PURCHASES OF ROAD MACHINERY AND EQUIPMENT WERE, PRIOR TO 1992, SPECIFICALLY AND EXCLUSIVELY GOVERNED BY PROCEDURES SET FORTH IN 69 O.S. 636.1 - 69 O.S. 636.7 (1991). 69 O.S. 636.3 PROHIBITED LEASE OR LEASE-PURCHASE OF ROAD MACHINERY AND EQUIPMENT IF THE COUNTY POSSESSED SUFFICIENT FUNDS FOR A PURCHASE OF SUCH EQUIPMENT EXCEPT IN CASE OF AN EMERGENCY OR WHERE THE EQUIPMENT WAS ONLY NEEDED FOR A SHORT TIME. A.G.OPIN. NO. 83-212.
STATUTORY AUTHORITY TO LEASE AND LEASE-PURCHASE ROAD MACHINERY AND EQUIPMENT EXPANDED BY H.B. 2108
H.B. 2108 (1992 OKLA. SESS. LAWS, C.6) EXPANDED STATUTORY AUTHORITY OF COUNTIES TO LEASE AND LEASE-PURCHASE ROAD MACHINERY AND EQUIPMENT IN TWO WAYS. FIRST, H.B. 2108 AMENDED 69 O.S. 636.3 TO AUTHORIZE LEASE OR LEASE-PURCHASE CONTRACTS FOR ROAD MACHINERY AND EQUIPMENT TO BE MADE NOT ONLY UNDER 69 O.S. 636.1 - 69 O.S. 636.7, BUT ALSO PURSUANT TO 19 O.S. 1500 - 19 O.S. 1505, AS AMENDED, ALSO KNOWN AS THE COUNTY PURCHASING ACT.
SECOND, H.B. 2108 ADDED SUBSECTION (A)(5) TO 19 O.S. 1501 (1992). SUBSECTION 19 O.S. 1501(A)(5) AUTHORIZES THE COUNTY PURCHASING AGENT TO MAKE LEASE OR LEASE-PURCHASE AGREEMENTS FOR ROAD MACHINERY AND EQUIPMENT IF THE COUNTY HAS ADEQUATE FUNDS FOR SUCH AN AGREEMENT, AND FOLLOWS THE PROCEDURE SET OUT THEREIN AND THE BIDDING PROCEDURES OF 19 O.S. 1505.19 O.S. 1501(A)(5) (1992)
THE LANGUAGE OF 19 O.S. 1501(A)(5) (1992) IS PLAIN AND UNAMBIGUOUS. SECTION 1501(A)(5) READS AS FOLLOWS:
"(THE COUNTY PURCHASING AGENT) SHALL MAKE LEASE OR LEASE-PURCHASE AGREEMENT FOR ROAD MACHINERY AND EQUIPMENT IF THE COUNTY HAS ADEQUATE FUNDS APPROPRIATED DURING ANY FISCAL YEAR FOR SUCH PURPOSE AND ONLY AFTER FOLLOWING THE BIDDING PROCEDURES AS PROVIDED FOR IN SECTION 1505 OF THIS TITLE. THE TERM OF ANY LEASE OR LEASE-PURCHASE AGREEMENT AUTHORIZED PURSUANT TO