** NEPOTISM — APPOINTMENT — SUCCESSOR ** QUESTION: IS UNLAWFUL FOR A PUBLIC OFFICER, SUCH AS IS REFERRED TO IN 21 Ohio St. 481 [ 21-481 ], TO APPOINT OR VOTE FOR THE APPOINTMENT OF A PERSON RELATED TO HIM BY AFFINITY OR CONSANGUINITY WITHIN THE THIRD DEGREE "TO ANY CLERKSHIP, OFFICE, POSITION, EMPLOYMENT OR DUTY IN ANY DEPARTMENT OF THE STATE, DISTRICT, COUNTY, CITY OR MUNICIPAL GOVERNMENT OF WHICH SUCH EXECUTIVE, LEGISLATIVE, MINISTERIAL OR JUDICIAL OFFICER IS A MEMBER". IF SAID APPOINTEE IS...
OPINION — AG — ** SENATE — LEGISLATION — AMEND A SENATE BILL ** IF THE HOUSE OF REPRESENTATIVES WERE TO AMEND A SENATE BILL BY PLACING THEREIN A REVENUE RAISING MEASURE, WOULD SUCH ACTION BE CONSTITUTIONAL AS PROVIDED IN ARTICLE V , SECTION 33 OKLAHOMA CONSTITUTION — IT WOULD BE NOT VIOLATIVE OF ARTICLE V, SECTION 33 CITE: ARTICLE V, SECTION 33 (FRED HANSEN)
OPINION — AG — ** COMMERCIAL MINNOW LICENSE ** BOTH RESIDENT AND NONRESIDENT HOLDERS OF ANY COMMERICAL MINNOW DEALER'S LICENSES UNDER HOUSE BILL NO. 859 OF THE 1957 LEGISLATURE ARE ENTITLED TO REFUNDS FOR THE UNUSED PORTIONS OF SUCH LICENSES. (EXEMPTIONS, PRO RATA, IMPORT EXPORT LICENSE COMMERICAL) CITE: 29 Ohio St. 803 [29-803], 29 Ohio St. 807 [29-807], 29 Ohio St. 810 [29-810] (J. H. JOHNSON)
OPINION — AG — THE PROVISIONS OF 2 O.S.H. 104 THRU 2 O.S.H. 104 (2 O.S.H. 104(A) — 2 O.S.H. 104(M)), THE FREE FAIR BOARD OF "C" COUNTY HAS NOT CONNECTION WITH SAID FAIR. (AWARDS TO EXHIBITORS) CITE: 2 O.S.H. 104(A), 2 O.S.H. 104(D) (FRED HANSEN)
OPINION — AG — ** POUNDAGE FEE ** IS THE CITY, IN A CONDEMNATION SUIT, REQUIRED TO PAY THE ONE CENT POUNDAGE FEE AS PART OF THE COSTS IN SAID CASES — AFFIRMATIVE. SEE OPINION NO. APRIL 26, 1958 (JOHN M. ROGERS, STATE EXAMINER AND INSPECTOR PERSONAL OPINION)
OPINION — AG — THE OKLAHOMA PLANNING AND RESOURCES BOARD COULD NOT BIND THE STATE OF OKLAHOMA BY A PROVISION IN A CONTRACT SUCH AS THE MENTIONED THEREIN ABOVE, TO THE EFFECT THAT THE STATE WOULD HOLD THE OTHER PARTIES TO SUCH CONTRACT HARMLESS FROM ANY DAMAGES THAT MIGHT RESULT TO OTHERS FROM NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE OR OPERATION OF THE WATER DIVERSION PROJECT CONTEMPLATED BY SUCH CONTRACT. CITE: 74 O.S.H. 18(B), 74 O.S.H. 356.2, ARTICLE X, SECTION 15 (JAMES HARKIN) (HOLD...
OPINION — AG — (1) THE COUNTY CLERK IS NOT AUTHORIZED TO ACCEPT FOR RECORDING A CONTRACT FOR THE SALE OF REAL ESTATE WHEREIN TITLE TO THE REAL ESTATE IS RETAINED IN THE VENDOR, UNLESS THE MORTGAGE TAX REQUIRED BY 68 O.S.H. 1174 HAS BEEN PAID TO THE COUNTY TREASURER. (2) THE CRIMINAL PENALTIES PROVED IN 68 O.S.H. 1174 ARE IMPOSED ONLY ON "ANY MORTGAGEE, AGENT, AGREEMENT, INDUCEMENT, OR DEVICE BY AN INCREASE RATE OF INTEREST, COMMISSION BROKERAGE, OR OTHERWISE, CHARGE TO OR EXACT FROM THE...
OPINION — AG — ** SCHOOL BOARD — MEETING — OPEN MEETING ** STATEMENT OF FACTS: " A SPECIAL MEETING OF OUR BOARD OF EDUCATION WAS CALLED APRIL 13TH FOR THE PURPOSE OF FILLING A VACANCY ON THE BOARD. ALL BOARD MEMBERS WERE NOTIFIED, AND WERE PRESENT AT THE MEETING. AFTER FILLING THE VACANCY, THE BOARD THEN ACTED ON SEVERAL OTHER MATTERS. ONE MEMBER OF THE BOARD PROTESTED THESE ACTIONS AS ILLEGAL, SINCE THEY WERE NOT MENTIONED IN THE NOTICE OF THE MEETING. HIS POSITION IS THAT AT A SPECIAL MEETING...
OPINION — AG — ** FEES — CHARGE — BUSINESS DAYS — COUNTY CLERK ** (1) SEE MEMORANDUM FROM THIS OFFICE ENTITLED " COMPENSATION DAYS " WITHIN THE MEANING OF ARTICLE V, SECTION 33, ARTICLE VI, SECTION 11, ARTICLE VI, SECTION 12 (LITIGATION FEES, SATURDAY AND SUNDAY EXCLUDED FROM DAY COUNT) (2) JUDGES APPOINTED OR ELECTED PRIOR TO JUNE 25, 1959, WILL, UNDER THE PROVISIONS OF ARTICLE XXIII, SECTION 10 CONTINUE TO BE ENTITLED TO THE COMPENSATION PROVIDED THEREFOR BY PRIOR VALID GENERAL LAWS, BUT THAT...
OPINION — AG — THE AG HAS EXAMINED HOUSE JOINT RESOLUTION NO. 517 AND HAS FOUND IT LEGAL. CITE: 34 O.S.H. 9, ARTICLE X, SECTION 34 (FRED HANSEN)
OPINION — AG — IN CALCULATING THE AMOUNT OF RETIREMENT AND PENSION PAYMENTS MADE UNDER THE RETIREMENT AND PENSION PLAN OF THE DEPARTMENT OF PUBLIC SAFETY FROM AND AFTER THE EFFECTIVE DATE OF SENATE BILL NO. 44 OF THE 27TH LEG., " THE ANNUAL BASE SALARY BEING CURRENTLY PAID TO A PATROLMAN AT THE TIME EACH SUCH MONTHLY RETIREMENT PAYMENT IS MADE " (47 O.S.H. 281.5) IS (WHERE THE MEMBER CONCERNED HAD SERVED AS MUCH AS TWO YEARS AS A MEMBER OF THE HIGHWAY PATROL AT THE TIME OF HIS RETIREMENT OR...
OPINION — AG — THE AG HAS EXAMINED HOUSE JOINT RESOLUTION NO. 515 AND IT IS LEGAL CITE: 34 O.S.H. 9 (FRED HANSEN)
OPINION — AG — NEED AN OPINION CONSTRUING HOUSE BILL NO. 628 . . . . . TITLE "AN ACT RELATING TO MOTOR VEHICLES; DEFINING MOTOR VEHICLES; PROHIBITING THE SALE, BARTER OR EXCHANGE THEREOF ON SUNDAY; MAKING AN VIOLATION A MISDEMEANOR AND PROVIDING PENALTY THEREFOR; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY" CITE: 21 O.S.H. 917, 21 O.S.H. 918, 21 O.S.H. 919 (SAM LATTIMORE)
OPINION — AG — IF THIS INSTITUTION (OR ANY OTHER INSTITUTION WITHIN THE OKLAHOMA STATE SYSTEM FOR HIGHER EDUCATION, UNIVERSITY, COLLEGES) HAS A FUND DERIVED FROM ANY OF THE SOURCES MENTIONED (OKLAHOMA ALCOHOLIC BEVERAGE BOARD, HEALTH, INSURANCE, PUBLIC WELFARE, REAL ESTATE, EMPLOYMENT SECURITY (COMMISSIONS OR BOARDS)) IN SECT. 4 OF HOUSE BILL NO. 523 AS ONE OF THE "FUNDS DERIVED FROM SOURCES OTHER THAN STATE COLLECTED FUNDS" WITHIN THE MEANING OF THE TERMS AS USED IN PAR. 4 OF SECT. 12 OF THE...
OPINION — AG — INASMUCH AS SUCH APPLICANTS, THROUGH NO FAULT OF THEIR OWN, WERE IN EFFECT PREVENTED BY SUCH ADVICE OF THE BOARD OF BARBER EXAMINERS FROM TIMELY FULFILLING THE OBLIGATIONS REQUIRED OF THEM BY 59 O.S.H. 74, THEY ARE NOT ENTITLED TO THE ISSUANCE OF AN ANNUAL RENEWAL LICENSE BY THE STATE BOARD OF BARBER EXAMINERS, IF WITHIN A REASONABLE PERIOD OF TIME HEREAFTER, TO BE FIXED BY THE BOARD, THEY TAKE AND PASS THE REQUIRED PHYSICAL EXAMINATION, TO SIGN SUCH APPLICATION AND PAY SAID $3....
OPINION — AG — IS HOUSE BILL NO. 602 CONSTITUTIONAL — (URBAN RENEWAL BILL RECENTLY PASSED BY THE LEG. AND THE PROVISIONS OF WHICH THE CITIES OF TULSA AND OKLAHOMA CITY ARE NOW PLANNING TO AVAIL THEMSELVES. CITE: 11 O.S.H. 1601 THRU 11 O.S.H. 1620 (JAMES C. HARKIN)
OPINION — AG — OPINION NO. JUNE 29, 1959 - . . . . HOUSE BILL NO. 932 . . . . WHETHER OR NOT THE ADDITION OF THE WORDS "AS THE SAME ACCUMULATES" TO SUBSECTION (B) WOULD ALTER THE CONCLUSIONS IN THE OPINION NO. JUNE 22, 1959 - SEE OPINION CITE: 69 O.S.H. 683, ARTICLE X, SECTION 23, ARTICLE X, SECTION 24, ARTICLE X, SECTION 25 (JAMES HARKIN)
OPINION — AG — (1) WHEN A SOIL CONSERVATION DISTRICT RENTS MACHINERY TO AN INDIVIDUAL, THE DISTRICT IS "OBLIGATED TO COLLECT MACHINERY TO AN INDIVIDUAL AND REMIT THE TAX TO THE OKLAHOMA TAX COMMISSION". (2) WHEN THE MACHINERY AND AN OPERATOR THEREFOR IS FURNISHED BY THE SOIL CONSERVATION DISTRICT, THE DISTRICT IS NOT "OBLIGATED TO COLLECT SALES TAX FROM THE INDIVIDUAL AND REMIT THE TAX TO THE OKLAHOMA TAX COMMISSION." CITE: 2 O.S.H. 808, 68 O.S.H. 1251(A), 2 O.S.H. 808(B)(6), 68 O.S.H. 1251(C) (...
OPINION — AG — A TEMPORARY JUDGE OF THE COUNTY COURT, ELECTED TO SERVE AS SUCH DURING A TEMPORARY ABSENCE OF THE COUNTY JUDGE FROM THE COUNTY, AS PROVIDED FOR IN 20 O.S.H. 289 AND 20 O.S.H. 290, IS ENTITLED TO RECEIVE THE COMPENSATION FOR HIS SERVICES PROVIDED SECT. 1 HOUSE BILL NO. 645, 24TH LEG; 20 O.S.H. 292, EVEN THOUGH THE COUNTY JUDGE RECEIVES HIS REGULAR SALARY WITH RESPECT TO THE SAME PERIOD OF TIME. CITE: OPINION NO. NOVEMBER 9, 1953 — CAMP OPINION NO. APRIL 6, 1956 — SADLER, 22 O.S.H....
OPINION — AG — REQUESTING AN OPINION TO THE METHOD OF CALCULATING CREDIT THAT SHOULD BE ALLOWED A PRISONER FOR WORK AND LABOR PERFORMED, ALSO OF CREDIT FOR GOOD BEHAVIOR, WHILE SERVING A SENTENCE IN THE COUNTY JAIL, UNDER THE PROVISIONS OF 57 O.S.H. 58.1 . . . . . . . . . SEE OPINION. CITE: 57 O.S.H. 20, 57 O.S.H. 65, 69 O.S.H. 233 57 O.S.H. 58.3 (L. G. HYDEN)
