OPINION — AG — ** TRANSFER — STUDENTS — SCHOOL DISTRICTS ** AN INDEPENDENT SCHOOL DISTRICT FROM WHICH PUPILS HAVE BEEN TRANSFERRED TO ANOTHER INDEPENDENT SCHOOL DISTRICT `CANNOT' LAWFULLY ENTER INTO AN AGREEMENT FOR THE PAYMENT OF LOCAL FUNDS TO THE LATTER DISTRICT FOR THE PURPOSE OF PAYING ALL OR A PART OF TRANSPORTING THE PUPILS FROM THE FORMER DISTRICT TO THE LATTER DISTRICT. (SCHOOL BUS, TRANSPORTATION) CITE: OPINION NO. DECEMBER 15, 1960, 70 Ohio St. 8-8 [70-8-8] (J. H. JOHNSON)
OPINION — AG — ** ADVANCE PAYMENT — DELIVERED IN FUTURE — PLEDGE CREDIT OF STATE ** YOU ASK WHETHER OR NOT STATE AGENCIES ARE AUTHORIZED TO PURCHASE "COUPON BOOKS" FOR SUPPLIES USED BY SAID AGENCIES (SUCH AS ICE, TYPEWRITER RIBBONS, OR CARBON PAPER) TO BE DELIVERED IN THE FUTURE. NEGATIVE, THIS WOULD VIOLATE THE THE CONSTITUTION PROVISIONS OF ARTICLE X, SECTION 15 — PLEDGING THE CREDIT OF THE STATE OF OKLAHOMA. (FUTURE DELIVERIES) CITE: OPINION 82-051 (RICHARD M. HUFF)
OPINION — AG — QUESTION: MAY THE CITY OF WILBURTON, OKLAHOMA, MAKE A LOAN TO THE LATIMER COUNTY HOSPITAL, THAT WAS RECENTLY COMPLETED, FROM THE FUNDS THAT WERE APPROPRIATED TO THE CITY AS SET FORTH IN 37 O.S.H. 563, COMMONLY REFERRED TO AS THE ALCOHOLIC BEVERAGE CONTROL FUND THIS LOAN WOULD BE REPAID BY THE HOSPITAL BOARD AS SOON AS SUFFICIENT REVENUE HAS BEEN OBTAINED BY THEM. I HAVE ADVISED THE MAYOR THAT THERE IS NO STATUTE PERMITTING ONE MUNICIPALITY TO LOAN FUNDS OF THIS NATURE TO...
OPINION — AG — THE OKLAHOMA WATER RESOURCES BOARD MAY DULY PROCESS THE APPLICATION TO USE THE WATER IN QUESTION, WHICH HAS OR MIGHT OVERFLOW THE ADA CITY LAKE, THE PROPOSED WITHDRAWAL POINT BEING IMMEDIATELY BELOW THE DAM SITE. HOWEVER, NAY USE THEREOF BY SAID APPLICATION SHOULD BE SUBJECT TO THE PRIOR RIGHT OF THE CITY OF ADA TO RECLAIM SAID OVERFLOW WATER UNDER 82 Ohio St. 1961 3 [82-3] CITE: 82 Ohio St. 1961 102 [ 82-102 ] (LEE COOK)
OPINION — AG — 62 O.S.H. 435 WAS NOT REPEALED BY NECESSARY IMPLICATION BY 62 O.S.H. 365.5 AND THAT MANDAMUS WILL LIE TO COMPEL THE PAYMENT OF A VALID JUDGEMENT AGAINST A COUNTY WHEN THERE ARE SUFFICIENT UNENCUMBERED FUNDS IN THE SINKING FUND OF THE COUNTY TO PAY THE SAME, THAT IS, SUFFICIENT TO PAY THE SAME IN ACCORDANCE WITH THE CONSTITUTIONAL AND STATUTORY PROVISIONS ABOVE REFERRED. CITE: 74 O.S.H. 18(B), ARTICLE X, SECTION 28 (FRED HANSEN)
OPINION — AG — QUESTION: "WHAT IS THE MINIMUM FINE THAT A CITY MAY CHARGE FOR MISDEMEANORS CAN IT BE $20.00 PLUS THE COURT COST OR MUST IT BE $20.00 INCLUDING THE COSTS " — DOES NOT RELATE TO YOUR OFFICE (74 O.S.H. 18(B), QUESTION(2): "CAN THE CITY RESTRICT THE USE OF THE JAIL FOR THE CITY ALONE AND REFUSE THE COUNTY OFFICIALS THE RIGHT TO USE THE CITY JAIL (PRISONER) — WE KNOW OF NO STATUTE WHICH GIVES THE COUNTY OFFICIALS THE RIGHT TO DEMAND USE OF A CITY JAIL OVER THE OBJECTIONS OF THE...
OPINION — AG — (EMPLOYED FIVE PERSONS TO DISTRIBUTE FOOD COMMODITIES, HANDLING OF SURPLUS FOODS AND TO A CERTAIN EXTENT ARE INVOLVED IN THE UNLOADING AND LOADING OF THESE SURPLUS FOODS) QUESTION(1): WOULD OTTAWA COUNTY BE LIABLE UNDER THE WORKER'S COMPENSATION LAWS FOR WORKERS PERFORMING WORK AS SET OUT HEREINAFTER IN THIS LETTER — THE OTTAWA COUNTY WOULD NOT BE LIABLE UNDER THE WORKER'S COMPENSATION LAW OF THIS STATE FOR INJURIES TO WORKERS WHOSE SOLE DUTIES INVOLVED THE HANDLING OF SURPLUS...
OPINION — AG — IN CONSIDERATION OF THE ABOVE UNDERSCORED PROVISIONS OF ARTICLE V, SECTION 8 AND PARAGRAPH (G) OF ARTICLE V, SECTION 5 OF THE OPINION IF A THIRTY DOZEN CASE OF EGGS, SUCH AS IS ABOVE REFERRED TO, AT THE TIME IT WAS RECEIVED BY THE RETAILER FROM THE WHOLESALER DOES NOT HAVE A TWO CENT INSPECTION FEE STAMP THEREON, INDICATING THE GRADE AND SIZE OF SAID EGGS AND SHOWING THAT SAID INSPECTION FEE HAD BEEN PAID, SAID RETAILER DEALER: (1) BEFORE SELLING SAID EGG IN THE ORIGINAL CASE TO...
OPINION — AG — YOU INQUIRE WHETHER LANDS OWNED BY THE STATE OF OKLAHOMA FOR THE USE AND BENEFIT OF THE DEPARTMENT OF WILDLIFE CONSERVATION, (A) FOR A GAME PRESERVE ; (B) FOR A FISH HATCHERY; MAY BE LAWFULLY VOLUNTARILY TURNED OVER TO THE NATIONAL FOREST SERVICE AT A CONSIDERATION AGREEABLE TO THE WILDLIFE DEPARTMENT — AFFIRMATIVE CITE: 64 O.S.H. 421, 60 O.S.H. 4, 60 O.S.H. 9 (FINIS STEWART) *** OVERRULED BY: OPINION NO. MAY 23, 1962
OPINION — AG — THE BOARDS OF COUNTY COMMISSIONERS MUST APPROPRIATE AND THE COUNTY TREASURERS MUST APPORTION THE ALCOHOLIC BEVERAGE EXCISE TAX, IN ACCORDANCE WITH 37 O.S.H. 563, TO ALL INCORPORATED CITIES AND TOWNS IN THE COUNTY WHICH APPEAR IN THE 1960 FEDERAL DECENNIAL CENSUS, INCLUDING THE TOWN OF COLCORD. CITE: 37 O.S.H. 501-567/ HOUSE BILL NO. 825, OPINION NO. AUGUST 28, 1959 0 COUNTY ATTORNEY DELWARE COUNTY (L. G. HYDEN)
OPINION — AG — A DULY REGISTERED, QUALIFIED VOTER, IN ORDER TO VOTE ON A CITY BOND ISSUE, IS REQUIRED TO OWN REAL OR PERSONAL PROPERTY IN SAID CITY OR TOWN, AND HAS PAID AD VALOREM TAXES ON SUCH PROPERTY WITHIN TWELVE MONTHS TO DATE OF THE BOND ELECTIONS. CITE: 11 O.S.H. 65, ARTICLE X, SECTION 27, 26 O.S.H. 103.12 (LYNNIE CLAYTON SPAHN)
OPINION — AG — PROPOSE BILL IS UNCONSTITUTIONAL. KEY WORDS: COUNTY ASSESSOR SHALL RECORD AS ASSESSMENT FOR REAL PROPERTY INVOLVED AN AMOUNT NOT TO EXCEED THIRTY FIVE PERCENT OF THE REPORTED CASH PRICE OR CASH VALUE DERIVED FROM THE SALE OR TRANSFER OF SUCH PROPERTY, ANY PERSON ACTING FOR HIMSELF OR A BUSINESS SHALL KNOWINGLY MAKE A FALSE OR MISLEADING AFFIDAVIT IN CONNECTION WITH SECTION OF THIS ACT., SALE, TRADE, TRANSACTION, CASH PRICE, DEED, COUNTY CLERK RECORDING INFORMATION. CITE: ARTICLE...
OPINION — AG — QUESTION: REQUEST INFORMATION AS TO WHETHER THIS INSTITUTION (WESTERN OKLAHOMA TUBERCULOSIS SANATORIUM) IS AUTHORIZED TO CARRY WORKMAN'S COMPENSATION INSURANCE ON ITS EMPLOYEES THROUGH THE STATE INSURANCE FUND — SEE OPINION NO. MAY 3, 1960 — STANDEFER, 85 O.S.H. 2, 85 O.S.H. 2(B), 85 O.S.H. 3(1) (RICHARD HUFF)
OPINION — AG — QUESTION: I WOULD APPRECIATE AN OPINION FROM YOUR OFFICE AS TO WHETHER THE OKLAHOMA WILDLIFE CONSERVATION COMMISSION AS CREATED BY ARTICLE XXVI OF THE OKLAHOMA CONSTITUTION WOULD BE PROHIBITED BY ARTICLE XXVI, SECTION 4 OF SAID ARTICLE TO RECEIVE AND EXPEND MONIES AS PROVIDED IN THE ATTACHED PROPOSED HOUSE BILL NO. 653 AMENDING 63 O.S.H. 801-823 — SEE OPINION CITE: ARTICLE XXVI, SECTION 1, ARTICLE XXVI, SECTION 2, 63 O.S.H. 821 (FRED HANSEN)
OPINION — AG — A RENTAL CONTRACT (BOOKKEEPING MACHINERY) SUCH AS IT ABOVE DESCRIBED WOULD BE SUBJECT TO THE OKLAHOMA CENTRAL PURCHASING ACT (INCLUDING 74 O.S.H. 85.7) TO THE SAME EXTENT (BUT ONLY TO THE EXTENT) AS A RENTAL CONTRACT WHICH DOES NOT CONTAIN A PROVISION THAT TITLE TO THE RENTAL EQUIPMENT SHALL PASS TO THE STATE UPON PAYMENT OF TOTAL RENTALS EQUAL TO A SPECIFIED OR DEFINITELY DETERMINABLE AMOUNT; AND, THEREFORE, THAT THE TOTAL AMOUNT OF RENTAL, WHICH, UNDER THE CONTRACT, WILL RESULT...
OPINION — AG — (1) IT IS THE DUTY OF THE JUDGE OF THE COURT HAVING JURISDICTION OF THE PROCEEDINGS PENDING AGAINST A CHILD TO APPOINT TWO QUALIFIED DOCTORS TO MAKE THE MENTAL EXAMINATIONS REQUIRED BY 10 O.S.H. 114.2 (2) THE MEDICAL FEES OF DOCTORS APPOINTED TO EXAMINE A JUVENILE UNDER THE PROVISIONS O 10 O.S.H. 114.2, MAY LAWFULLY BE PAID FROM THE COURT FUND OF THE COUNTY OR FROM THE ITEM OF APPROPRIATIONS TO THE COUNTY COURT FOR "EXPENSE MENTAL HEALTH HEARINGS". (3) THAT THE DOCTORS APPOINTED...
OPINION — AG — WITH REFERENCE TO YOUR INQUIRY AS TO WHETHER A SISTER OF ONE OF THE COUNTY COMMISSIONERS MAY LEGALLY CONTINUE TO ACT AS ASSISTANT LIBRARIAN, YOU ARE ADVISED THAT INQUIRY WHICH YOU HAVE MADE THROUGH OUR STATE LIBRARIAN INDICATES THAT YOUR LIBRARY, TO WHICH YOU REFER, WAS ORGANIZED AND SET UP AS A CITY LIBRARY AND HAS CONTINUED TO BE SUCH, EVEN THROUGH MONEYS FROM THE COUNTY FUNDS MAY BE USED IN ITS MAINTENANCE. AFFIRMATIVE (NEPOTISM) (SAM LATTIMORE)
OPINION — AG — A JUSTICE OF THE PEACE WHO MOVES HIS RESIDENCE FROM THE DISTRICT FROM WHICH HE IS ELECTED, AND NO LONGER RESIDES THEREIN, VACATES HIS OFFICE, AND THAT A VACANCY NOW EXISTS IN SAID OFFICE; AND WHEN THE BOARD OF COUNTY COMMISSIONERS HAS DETERMINED THAT SAID JUSTICE OF THE PEACE HAS IN FACT SO MOVED HIS RESIDENCE UNDER AUTHORITY 51 O.S.H. 8, THEY ARE AUTHORIZED TO FILL SAID VACANCY BY APPOINTMENT, UNDER THE PROVISIONS OF 51 O.S.H. 10 CITE: 39 O.S.H. 6, 51 O.S.H. 8 (L. G. HYDEN)
OPINION — AG — FROM AND AFTER THE DATE THAT THE PROVISIONS OF 19 O.S.H. 180.58-180.69 BECOMES OR BECAME APPLICABLE TO THE COURT CLERK OF A PARTICULAR COUNTY, OR HIS OFFICE, 62 O.S.H. 324.2 WOULD BE SUPERCEDED AS TO THE SAID COURT CLERK AND HIS OFFICE, AND THAT ON AND AFTER SAID DATE PART TIME HELP COULD NO LONGER BE EMPLOYED UNDER THE PROVISIONS OF 62 O.S.H. 324.2 (RICHARD HUFF) 19 O.S.H. 180.65, 19 O.S.H. 180.67, 23 O.S.H. 180.69, 19 O.S.H. 180.61, ARTICLE XXIII, SECTION 10
OPINION — AG — (1) THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO PURCHASE LAND UPON WHICH TO CONSTRUCT A BUILDING, OR TO ACQUIRE A BUILDING BY PURCHASE, FOR THE HOUSING OF ROAD MACHINERY. (2) THE COST OF LAND UPON WHICH TO CONSTRUCT A BUILDING OR THE ACQUISITION OF A BUILDING ALREADY CONSTRUCTED, MAY BE PAID FROM THE ITEM OF APPROPRIATION TO THE COUNTY COMMISSIONERS IN COUND BUDGET DESIGNATED AS "SA" ACCOUNT FOR " CAPITOL OUTLAY " OR FROM THE ITEM OF APPROPRIATION IN THE COUNTY BUDGET...
