Published: October 02, 2008 03:55 pm      

Answer received

Attorney general gives opinion on hotel/motel tax

Ada — The highest opinion in the state of Oklahoma concerning a proposed city hotel/motel statute favors Pontotoc County commissioners. But voters will have the final say.

In August, Ada city councilmembers introduced a proposition to residents of Ada regarding a hotel/motel tax to vote on in November. The county already has a 5 percent tax in place. The question councilmembers and county commissioners were concerned with is: If residents passed a 5 percent hotel/motel tax, what would happen to the county tax already in place that supports the Agri-plex?

District Attorney Chris Ross sent a letter to the office of Attorney General Drew Edmondson, asking him to interpret the statute.

In a letter dated Sept. 29, 2008, Ross received the answer.

The letter said if the county passed the lodging tax first, the city’s lodging tax (if passed) will not affect the county’s ability to continue to collect the lodging tax on hotels and motels located inside the city. The county’s 5 percent lodging tax would still apply within city limits.

The letter said if the city passed a 5 percent lodging tax, the total tax inside the city would be 10 percent with 5 percent going to the county and 5 percent going to the city. “The municipal lodging tax does not prevent the county from collecting its lodging tax,” the letter said.

Ross explained the attorney general’s office opinion is the highest office designated to give legal opinions to district attorneys and elected officials or any public body.

“Their job is to give legal interpretation,” Ross said. He said several attorneys within the office, in addition to Edmondson, interpret the statutes and laws, that it’s not just one person giving an opinion.

Ross said the county and commissioners do not have a next move. “We have answered the question we needed answered,” he said.

Ultimately, voters will decide the fate of the lodging tax. The proposition will appear on the Nov. 4 ballot.

According to the attorney general’s opinion, passing the measure in November could double the hotel/motel tax, with both the city and county getting 5 percent each. Neither side appears to favor that happening.

“I hope we can come together as two governing bodies and do what’s best for our community,” Ada Mayor Barbara Young said Wednesday.

A message left for City Attorney Alvin Files was not returned by press time.

“We’re looking at something the most people from our area could get the best use from,” Young said in early September.

“If we don’t have a plan or a funding stream, we cannot accomplish it. We’re just trying to elevate our community and bring a better quality of life for those who live here and visit here and to show them there’s something to come back for.”