OPINION — AG — THE 1955 LAW APPLIES TO ALL SECOND AND SUBSEQUENT OFFENSES COMMITTED SINCE THE EFFECTIVE DAY OF THE ACT, MAY 16, 1955 (DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, FELONY SECOND AND SUBSEQUENT TIME) IS THERE ANY LIMITATIONS UPON THE PERIOD OF TIME BETWEEN A CONVICTION OF DRIVING WHILE INTOXICATED FIRST OFFENSE AND DRIVING WHILE INTOXICATED SECOND OFFENSE — IT CONTAINS NO RESTRICTION CITE: 47 O.S.H. 93 (SAM LATTIMORE)
OPINION — AG — ** WORKMEN'S COMPENSATION — COUNTY ** THIS OPINION DEALS WITH COUNTIES PURCHASING WORKMEN'S COMPENSATION FOR ITS EMPLOYEES. CITE: 85 Ohio St. 41 [ 85-41 ], 85 Ohio St. 42 [ 85-42 ], 68 Ohio St. 292 [68-292], 68 Ohio St. 289 [68-289], 62 Ohio St. 365 .5 [ 62-365.5 ] (PAID FROM THE SINKING FUND) (JAMES C. HARKIN)
OPINION — AG — SUBJECT DISCUSSED IN OPINION: (1) IN THE ABSENCE BY THE STATE INDUSTRIAL COMMISSION, A COUNTY IS WITHOUT AUTHORITY TO PAY ANY ONE AS " WORKMEN'S COMPENSATION " (2) UNLESS AND UNTIL A WORKMEN'S COMPENSATION AWARD MADE BY THE STATE INDUSTRIAL COMMISSION AGAINST A COUNTY HAS BEEN CONVERTED INTO A " JUDGEMENT " IN THE SAME MAY BE PAID FROM, BUT ONLY FROM, IN THE APPROPRIATION FOR " WORKMEN'S COMPENSATION AWARDS " IN THE " DEPARTMENT " OF " GENERAL GOVERNMENT " (WHERE THE LIABILITY...
OPINION — AG — YOU ASK AS TO YOUR DUTIES (SECRETARY OF STATE) IN RELATION TO THE FILING IN YOUR OFFICE OF INITIATIVE AND/OR REFERENDUM PETITIONS AND AS TO THE CONDUCTING OF HEARINGS BY YOU THEREON, ATTENTION IS CALLED TO ARTICLE V, SECTION 2 AND 34 O.S.H. 1 THRU 34 O.S.H. 26 WHICH RELATE TO GENERAL DUTIES. CITE: 34 O.S.H. 8, 34 O.S.H. 4 (PROTEST) (FRED HANSEN)
OPINION — AG — (1) SCHOOL DISTRICT FUNDS MAY NOT BE LAWFULLY USED TO PAY AN ATTORNEY'S FEE WHERE THE SERVICE RENDERED BY ATTORNEY WAS TO DEFEND ONE OR MORE MEMBERS OF THE BOARD OF EDUCATION (SCHOOL BOARD) IN AN ACTION CAUSED TO BE FILED BY A GRAND JURY TO OUST SAID BOARD MEMBERS FROM OFFICE FOR ALLEGED GROSS NEGLECT OF DUTY AND MISFEASANCE IN OFFICE, AND THE OUTCOME OF THE OUSTER ACTION WOULD BE IMMATERIAL IN DETERMINING THE ANSWER TO YOUR FIRST QUESTION. (2) IF A WARRANT IS PROPERLY AND...
OPINION — AG — A MEMBER OF A BOARD OF EDUCATION (SCHOOL BOARD) OF A SCHOOL DISTRICT CANNOT BE PAID COMPENSATION FOR SERVICES HE RENDERS TO SUCH DISTRICT, BUT MAY BE REIMBURSED FOR EXPENSES INCURRED IN TRAVELING (PER DIEM, MILEAGE) ON OFFICIAL BUSINESS. IT WILL BE NECESSARY FOR THIS OFFICE (AG) TO KNOW THE EXACT FACTUAL SITUATION INVOLVED IN THE AFOREMENTIONED INQUIRY BEFORE EXPRESSING ITS VIEWS AS TO THE PARTICULAR ITEMS OF EXPENSE FOR WHICH REIMBURSEMENT MAY BE MADE TO A MEMBER OF A BOARD OF...
OPINION — AG — THAT SCALES WHICH ARE USED BY COTTON GINS THAT ARE SUBJECT TO LICENSING BY AND REGULATION BY THE CORPORATION COMMISSION OF OKLAHOMA ARE NOT SUBJECT TO THE PROVISIONS OF 2 O.S.H. 5-41 TO 2 O.S.H. 5-58 REQUIRING INSPECTION AND TESTING AND WEIGHING AND MEASURING DEVICES COMMERCIALLY USED. CITE: 2 O.S.H. 5-47, 2 O.S.H. 5-58, ARTICLE IX, SECTION 18 (J. H. JOHNSON)
OPINION — AG — THE CHILD (MINOR) YOU REFER TO, NOT HAVING REACHED THE AGE OF SIX YEARS ON OR BEFORE NOVEMBER 1ST, CANNOT LEGALLY BE ALLOWED TO ENROLL IN AND ATTEND CLASSES IN THE FIRST GRADE OF A PUBLIC SCHOOL IN OKLAHOMA THIS YEAR WITHOUT PAYMENT OF TUITION, EVEN THOUGH HE HAS BEEN LEGALLY ENROLLED AND IN ATTENDANCE IN THE FIRST GRADE OF A SCHOOL IN ANOTHER STATE AND WAS OF SCHOOL AGE IN SUCH OTHER STATE; AND THAT IF SUCH CHILD IS PERMITTED TO ATTEND A PUBLIC SCHOOL IN OKLAHOMA DURING THE...
OPINION — AG — YOU ASK AS TO PARTICIPATION OF A STATE PLANNING AGENCY IN URBAN PLANNING FOR SMALLER COMMUNITIES UNDER HOUSE ACT (P.L. 560) YOU ASK: (1) IS THE DEPARTMENT OF COMMERCE AND INDUSTRY EMPOWERED TO ENTER INTO CONTRACTS WITH THE FEDERAL GOVERNMENT FOR PLANNING GRANTS UNDER SECT. 701 (HOUSING ACT) (2) IS EMPOWERED TO CONTRACT IN ITS OWN NAME OR IN THE NAME OF THE STATE OF OKLAHOMA, (3) IS AUTHORIZED TO EXPEND REVENUES AND DONATIONS AND GRANTS AS WELL AS FUNDS APPROPRIATED FROM STATE...
OPINION — AG — IT APPEARING THAT THE LIEN FOR PAVING ASSESSMENTS LEVIED AGAINST THE PROPERTY BEFORE ACQUIRED BY THE STATE OF OKLAHOMA WOULD CEASE TO BE A " LIEN " THEREON WHILE OWNED BY THE STATE, IT IS THE FURTHER OPINION OF THE AG THAT THERE WOULD BE NO OBLIGATION WHATSOEVER UPON THE STATE TO PAY SUCH ASSESSMENT, AND THAT THE STATE BOARD OF PUBLIC AFFAIRS WOULD BE WITHOUT AUTHORITY TO PAY ANY INSTALLMENTS OF PAVING ASSESSMENT LEVIED AGAINST THE PROPERTY PRIOR TO THE ACQUISITION OF SUCH...
OPINION — AG — THE PROVISIONS TRANSFERRING, TO AN INDEPENDENT SCHOOL DISTRICT, FUNDS THAT WERE ACQUIRED FOR COUNTY SEPARATE SCHOOL PURPOSES IN SUCH DISTRICT SHOULD BE TREATED AS BEING CONSTITUTIONAL, AND SHOULD BE OBSERVED BY ADMINISTRATIVE OFFICIALS UNTIL A COURT OF COMPETENT JURISDICTION IN A PROPER ACTION HOLDS OTHERWISE. CITE: 70 O.S.H. 5-9, ARTICLE X, SECTION 19, ARTICLE XIII, SECTION 3 (J. H. JOHNSON)
OPINION — AG — (1) SAID PROVISIONS REQUIRING FEDERAL GRANTS FOR FLOOD CONTROL RENTALS, FOREST RENTALS AND SUBMARGINAL LANDS TO BE PLACED IN THE GENERAL REVENUE FUND HAVE REFERENCES ONLY TO FUNDS RECEIVED FROM SUCH SOURCES BY SCHOOL DISTRICTS, AND NOT TO FUNDS RECEIVED FROM SUCH SOURCES BY A COUNTY (2) FEDERAL GRANT FOR FLOOD CONTROL RENTALS, FOREST RENTALS AND SUBMARGINAL LANDS RECEIVED BY A SCHOOL DISTRICT SHOULD NOW BE PLACED IN THE GENERAL FUND OF THE DISTRICT RECEIVING SAME, REGARDLESS OF...
OPINION — AG — A PERSON MAY BE PROSECUTED UNDER BOTH THE LOTTERY LAWS AND THE GAMBLING LAWS FOR THE SAME ACT, FOR WE BELIEVE THAT A PROSECUTION UNDER ONE OF SAID LAWS WOULD OPERATE AS A BAR TO A PROSECUTION UNDER THE OTHER INSOFAR AS THE SAME ACT IS INVOLVED. WE ALSO CONCLUDE THAT ONE WHO BRINGS HIMSELF WITHIN THE EXCEPTION PROVISIONS OF 21 O.S.H. 1051 MAY NOT BE PROSECUTED UNDER 21 O.S.H. 941 OR 21 O.S.H. 1051 (BINGO, CIVIC ORGANIZATION) CITE: 21 O.S.H. 1051 (JAMES GARRETT)
OPINION — AG — THE OKLAHOMA PLANNING AND RESOURCES BOARD CAN LEGALLY PERMIT THE CONSTRUCTION OF A BUILDING IN A STATE PARK, TO BE OWNED BY THE STATE OF OKLAHOMA, FOR USE AS A CHAPEL BY THE GENERAL PUBLIC WITHOUT REGARD THE PARTICULAR SYSTEM OF RELIGION PROFESSED BY ANY PERSON USING THE CHAPEL. CITE: 74 O.S.H. 351.1, 74 O.S.H. 356.2, ARTICLE II, SECTION 5 (J. H. JOHNSON)
OPINION — AG — THE AMERICAN LEGION, VETERANS OF FOREIGN WARS OF THE UNITED STATES AND DISABLE AMERICAN VETERANS ORGANIZATIONS ARE NOT REQUIRED BY THE " OKLAHOMA SOLICITATION OF CHARITABLE CONTRIBUTIONS ACT OF 1955 " TO REGISTER WITH THE SECRETARY OF STATE PRIOR TO CONDUCTING A FUND RAISING CAMPAIGN, IF THE PARTICULAR FUND RAISING CAMPAIGN IS MANAGED BY THEIR OWN MEMBERSHIP, AND NO PAID SOLICITORS ARE USED. CITE: 18 O.S.H. 551.1, 18 O.S.H. 551.4, 36 U.S.C.A. 41, 18 O.S.H. 551.16 (JAMES GARRETT)
OPINION — AG — A MOTOR LICENSE AGENT (TAG AGENT) IS NOT AN OFFICER OR A DEPUTY OF AN OFFICER WITHIN THE MEANING OF 51 O.S.H. 6 (DUAL OFFICE HOLDING). THEREFORE YOUR QUESTION IS ANSWER IN THE NEGATIVE; 51 O.S.H. 6 DOES NOT PROHIBIT ONE PERSON FROM HOLDING (AT THE SAME TIME) THE POSITION OF TAG AGENT FROM THE OFFICE OF JUSTICE OF THE PEACE. CITE: 47 O.S.H. 22.22, OPINION NO. MARCH 19, 1953 — HODGE (A TAG AGENT IS NOT A DEPUTY OF THE TAX COMMISSION AND THE POSITION IS NOT AN OFFICE WITHIN THE...
OPINION — AG — " A LAND OWNER MAY DISANNEX FROM ONE DISTRICT AND BE ANNEXED TO ANOTHER DISTRICT WITHOUT THE CONSENT (STATE SOIL CONSERVATION DISTRICT) OF EITHER DISTRICT'S BOARD OF SUPERVISORS " BY FOLLOWING THE PROCEDURE PRESCRIBED BY 2 O.S.H. 805 AND THAT IS IS " WITHIN THE JURISDICTION OF THE STATE SOIL CONSERVATION BOARD TO DENY A LAND OWNER THE PRIVILEGE OF DIS ANNEXING FROM ONE DISTRICT AND BEING ANNEXED TO ANOTHER DISTRICT " IF THE STATE SOIL CONSERVATION BOARD DETERMINES THAT THE...
OPINION — AG — THE AG MUST ADVISE AGAINST THE USE OF SCHOOL DISTRICT FUNDS FOR THE CONSTRUCTION OF THE SAID SEWER MAIN, WHICH WOULD BELONG TO THE CITY (MUNICIPALITY), EVEN THOUGH THE SCHOOL DISTRICT MIGHT DERIVE SOME BENEFIT THEREOF. (USE SCHOOL DISTRICT FUNDS TO CONSTRUCTION A SEWER LINE) CITE: 70 O.S.H. 4-22, 11 O.S.H. 273 (J. H. JOHNSON)
OPINION — AG — SAID HOUSE BILL NO. 949, THE STATE BOARD OF PUBLIC AFFAIRS, AS THE "CONTRACTING AGENCY" DESIGNATED THEREIN, WAS AUTHORIZED TO CONTRACT WITH AN ARCHITECT TO FURNISH ALL NECESSARY ARCHITECTURAL SERVICES IN CONNECTION WITH THE CONSTRUCTION OF A DINING HALL AND BAKERY AT THE EASTERN STATE HOSPITAL AND PLACING THE SAME IN OPERATION, INCLUDING PARTICULARLY THE PURCHASING AND INSTALLATION OF ANY "EQUIPMENT" AND "SUPPLIES" — AS THOSE TERMS ARE USED IN HOUSE BILL NO. 949. CITE: 62 O.S.H....
OPINION — AG — ** MEMORANDUM ** COMPULSORY ATTENDANCE — SCHOOLS ** MEMORANDUM DEALING WITH: HOURS OF ATTENDANCE OF SCHOOL, INSTRUCTION, RELIGION, PRIVATE SCHOOLS, COURSES, ATTENDANCE, STUDENTS, PUBLIC FUNDS) CITE: 70 Ohio St. 4-22 [70-4-22], 70 Ohio St. 10-10 [70-10-10], 70 Ohio St. 11-1 [70-11-1] ARTICLE II, SECTION 5, ARTICLE VII, SECTION 4, ARTICLE VII, SECTION 1, ARTICLE VII, SECTION 5, ARTICLE VII, SECTION 6 ( )
