OPINION — AG — ** STATE INSURANCE FUND — MERIT SYSTEM — EMPLOYEES ** " CONSTITUTIONAL FOR THE CHIEF EXECUTIVE (GOVERNOR), TO PLACE THE EMPLOYEES OF THE INSURANCE FUND UNDER THE PROTECTION OF THE MERIT SYSTEM " AND THAT THE STATE INSURANCE FUND IS A " STATE AGENCY " OR DEPARTMENT WITHIN THE MEANING OF THE MERIT SYSTEM. (EXECUTIVE ORDER STATE AGENCY, AUTHORITY) CITE: OPINION NO. DECEMBER 18, 1959 — PERSONNEL BOARD, 74 Ohio St. 801 [ 74-801 ], 74 Ohio St. 839 [ 74-839 ], 74 Ohio St. 802 [ 74-802 ],...
** DUAL OFFICE HOLDING — JUSTICE OF PEACE — CITY COUNCIL MEMBER ** A MEMBER OF A BOARD OF TRUSTEES OF AN UNINCORPORATED TOWN, MAY ACCEPT (TOWN) CITE: 51 Ohio St. 6 [ 51-6 ], 11 Ohio St. 982 [11-982] (JAMES R. FUSON)
** RETIREMENT BENEFITS — VOLUNTEER FIREMAN ** A DULY QUALIFIED INDIVIDUAL MAY LAWFULLY RECEIVE A PENSION FROM BOTH THE FIREMEN'S RELIEF AND PENSION FUND AND THE POLICE PENSION AND RETIREMENT SYSTEM. (DOUBLE DIPPING, DUAL RETIREMENT, DUAL COMPENSATION, RETIREMENT BENEFITS DUAL BENEFITS) CITE: 11 Ohio St. 363 [11-363], 11 Ohio St. 345 [11-345] (F. BURCK BAILEY) ** SEE: OPINION NO. 74-236 (1974) **
** REAL ESTATE MORTGAGE — SMALL BUSINESS ADMINISTRATION — REGISTRATION TAX ** WE STILL AGREE WITH OPINION NO. MARCH 22, 1939 — MELTON (COMMISSIONERS OF THE LAND OFFICE, TAXATION, STAMP TAX, MORTGAGE REGISTRATION TAX, FEDERAL PROPERTY) CITE: ARTICLE X, SECTION 6, 68 Ohio St. 1171 [68-1171], 68 Ohio St. 1182 [68-1182] (FRED HANSEN)
** OKLAHOMA ORDINANCE WORKS AUTHORITY — REMOVE FROM OFFICE ** AN OPINION DEALING WITH THEIR ARTICLES OF THE TRUSTEES AND THE SUBJECT OF REMOVAL OF ONE OF THE OFFICERS. NO SUMMARY. GENERAL DISCUSSION OF THE ARTICLE OF INDENTURE. CITE: 60 Ohio St. 176 [ 60-176 ], 82 Ohio St. 863 [ 82-863 ], 60 Ohio St. 166 [ 60-166 ], 74 Ohio St. 18E [ 74-18E ] (CHARLES NESBITT)
** DEPUTY EXAMINER AND INSPECTOR — SURETY BOND — STATE EMPLOYEE ** IT IS YOUR VIEW, FOR WHATEVER VALUE IT MAY HAVE, THAT THERE HAS BEEN NO CONSTITUTIONAL PROVISION ADOPTED FOR STATUTE ENACTED WHICH HAS THE EFFECT OF MODIFYING THE REQUIREMENTS OF SAID SECTION ( 74 Ohio St. 211 [ 74-211 ]) THAT EACH DEPUTY SHALL EXECUTE A BOND. — THE A.G. AGREES WITH YOUR OPINION (BOND SHALL BE FILED WITH THE SECRETARY OF STATE, PERFORMANCE BOND) (FRED HANSEN)
** SALARIES — COURT REPORTERS — COURT OF COMMON PLEAS ** THE SALARIES OF THE OFFICIAL COURT REPORTERS OF THE COURTS OF COMMON PLEAS SHOULD BE FIXED IN ACCORDANCE WITH THE GENERAL SALARY ACT SET FORTH IN 19 Ohio St. 180 .58 [ 19-180.58 ] TO 19 Ohio St. 180 .67 [ 19-180.67 ], AND NO PART OF SAID SALARIES SHOULD BE PAID FROM THE COURT FUND. CITE: OPINION NO. JANUARY 25, 1951 — BICKING, 19 Ohio St. 180 .67 [ 19-180.67 ] (W. J. MONROE)
** CATTLE — PERSONAL PROPERTY — TAXES ** ASSUMING SAID CATTLE WERE REMOVED FROM CADDO COUNTY ON OR ABOUT MARCH 17, 1963, AND ACQUIRED AN ACTUAL SITUS IN GRADY COUNTY PRIOR TO MARCH 17, 1963, AND PRIOR TO CADDO COUNTY ASSESSING SAID CATTLE, THEN IT IS THE OPINION OF THE A.G. THAT YOUR QUESTION SHOULD BE ANSWERED AS FOLLOWS: AS THE CATTLE WERE MOVED FROM CADDO COUNTY TO GRADY COUNTY BETWEEN JANUARY 1 AND THE FIRST OF SEPTEMBER, ACQUIRED AN ACTUAL SITUS THEREIN BEFORE THE FIRST OF SEPTEMBER AND...
** MUNICIPAL JUDGES — DUTIES — CITY CLERK ** THE PENALTY PROVISIONS OF SECTION 9 OF THE SENATE JOINT RESOLUTION NO. 24, WHEREBY THE AMOUNTS SET FORTH THEREIN ARE ASSESSED FOR THE EXPRESS PURPOSE OF "PROVIDING FINANCIAL ASSISTANCE" TO "SECONDARY" SCHOOLS OF THE STATE WHICH "ESTABLISH AND MAINTAIN" A COURSE OF INSTRUCTION IN "AUTOMOBILE DRIVER EDUCATION", REGARDLESS AS TO WHETHER SAID AMOUNTS ARE DESIGNATED IN SAID SECTION AS PENALTIES OR COSTS, ARE INVALID, AND THAT BY REASON COLLECTED FROM...
** AUCTIONEER — LICENSING ** THE TERM "HAWKING" AND "PEDDLING" DOES 'NOT' INCLUDE THE OCCUPATION OF "AUCTIONEERING" AND A VETERAN OTHERWISE QUALIFIED AND EXEMPT FROM A LICENSE OR TAX UNDER 72 Ohio St. 1-6 [72-1-6] WOULD NOT BE EXEMPT FROM OBTAINING AN AUCTIONEER'S LICENSE. (TRADER, OCCUPATION LICENSE) CITE: 11 Ohio St. 651 [11-651], 11 Ohio St. 1005 [11-1005] (LICENSE TAX, MUNICIPALITY) (LEE W. COOK)
** EXCISE BOARD — EXPENDITURES — BIDS ** (1) THAT EXPENDITURES NOT OUT OF THE COURT FUND CANNOT BE MADE BY THE DISTRICT JUDGE, COUNTY ATTORNEY AND COUNTY JUDGE, ACTING ALONE, WITHOUT A PRIOR APPROPRIATIONS BY THE COUNTY EXCISE BOARD; AND, IF NECESSARY UNDER APPLICABLE LAW, THE CONTRACT MUST BE LET BY THE BOARD OF COUNTY COMMISSIONERS, UNDER THE AUTHORITY OF 19 Ohio St. 341 [ 19-341 ] (2) EXPENDITURES MAY BE MADE FROM THE COURT FUND FOR ANY REPAIR, MAINTENANCE, OR IMPROVEMENT OF THE COURTHOUSE,...
** INSURANCE ADJUSTERS — EXAMINATION ** COULD THE INSURANCE BOARD PURSUANT TO 36 Ohio St. 1306 [ 36-1306 ], 36 Ohio St. 1325 [ 36-1325 ] LEGALLY GIVE AN EXAMINATION TO ALL ADJUSTERS APPLYING FOR LICENSE UNDER THE ABOVE STATUTE IN THIS SAME SITUATION, IF THE EXAMINATION WOULD BE LEGAL, COULD THE BOARD CHARGE A FEE FOR SUCH EXAMINATION AND, IF SO, WHAT AMOUNT NEGATIVE CITE: 36 Ohio St. 3481 .1 [36-3481.1] 36 Ohio St. 1309 [ 36-1309 ] (FRED HANSEN)
** VACANCY — SENATE ** QUESTION: ARE THE PRESENT TERM OF OFFICE OF THE UNITED STATES SENATOR J. HOWARD EDMONDSON WILL EXPIRE IN CONSIDERATION OF THE ABOVE CONSTITUTIONAL AND STATUTORY PROVISIONS AND DECISIONS, AND SINCE UNDER 51 Ohio St. 12 [ 51-12 ] THE PEOPLE OF OKLAHOMA WILL, AT THE NOVEMBER 1964 GENERAL ELECTION, ELECT A SENATOR (WHETHER SENATOR EDMONDSON OR SOME OTHER PERSON) "TO FILL OUT THE UNEXPIRED PORTION" OF ROBERT S. KERR'S REGULAR TERM OF OFFICE AS UNITED STATES SENATOR (WHICH...
** MAKING COPIES OF INSTRUMENTS — FEES — COURT CLERKS ** THE COURT CLERK AND HIS DEPUTIES, BEING SALARIED OFFICERS, MAY NOT RETAIN ANY FEES COLLECTED UNDER 28 Ohio St. 31 [ 28-31 ] (1961), FOR MAKING OR CERTIFYING TO COPIES FOR ANY INSTRUMENTS OF RECORD IN THE OFFICE OF THE COURT CLERK; NOR MAY THEY RETAIN ANY FEES FOR PREPARING TRANSCRIPTS IN CIVIL CASES. SUCH FEES ARE EARNINGS OF THE OFFICE AND MUST BE DEPOSITED WITH THE COUNTY TREASURER AS PROVIDED FOR BY LAW, AND IT IS IMMATERIAL THAT SUCH...
** RULES AND REGULATIONS — PARDON AND PAROLE BOARD — TERM OF SENTENCE ** (1) IT IS THE OPINION OF THE A.G. THAT 47 Ohio St. 354 [ 47-354 ] IS MANDATORY IN ITS TERMS AND REQUIRES THE HEARING OF AN INMATE FOR PAROLE WHEN HE HAS SERVED THE MINIMUM SENTENCE IMPOSED REGARDLESS OF WHETHER HIS CONDUCT IN THE INSTITUTION HAS BEEN GOOD OR BAD PRIOR TO THE TIME OF THE HEARING. IN OUR OPINION THE ENFORCEMENT OF RULE 14A AS SUBMITTED WOULD AMOUNT TO A PRE-JUDGING AND, IN EFFECT, BE A DENIAL OF HEARING. IT...
** COUNTY HOSPITAL TRUST AUTHORITY — PROCEEDS OF BONDS ** (1) THE BOARD OF CONTROL OF THE TILLMAN COUNTY HOSPITAL IS NOT AUTHORIZED TO ADOPT THE PROPOSED RESOLUTION WHICH HAS BEEN SUBMITTED BY YOU FOR THE FOLLOWING REASONS; THE REFUND AND PETTY CASH ACCOUNTS MAY NOT BE CONSOLIDATED; SINCE THE ACT SETS OUT THE PROCEDURES FOR EACH, THE AMOUNT AUTHORIZED TO BE IN EACH OF SAID ACCOUNTS, AND THE MANNER IN WHICH EACH IS TO BE USED. THE BOARD IS NOT AUTHORIZED TO INCLUDE PAYMENT OF SALARIES ON A SEMI-...
** A METROPOLITAN AREA PLANNING COMMISSION — THOROUGHFARE — RIGHT OF WAY ** THE PLANNING COMMISSION MAY WITHHOLD APPROVAL OF A SUBDIVISION OR LOT SPLIT PLANS UNTIL THE PROPERTY OWNER DEDICATES LAND FOR THE WIDENING OF ROADS, STREETS, AND HIGHWAYS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, AND THE PROPERTY OWNER HAS NO RIGHT TO COMPENSATION FOR THE LAND SO DEDICATED. (BORDER, CONVEYANCE, PLAT, STREET PLAN) CITE: 19 Ohio St. 866 .13 [ 19-866.13 ], 19 Ohio St. 866 .12 [ 19-866.12 ] (F. BURCH...
** AGREEMENT — TELEPHONE FACILITIES — MILITARY DEPARTMENT ** THE ADJUTANT GENERAL OF OKLAHOMA, ARE WITHOUT AUTHORITY TO EXECUTE THE AGREEMENT REFERRED TO IN BEHALF OF THE OKLAHOMA AIR NATIONAL GUARD. (THE AGREEMENT WAS SUBMITTED BY THE SOUTHWESTERN BELL TELEPHONE COMPANY FOR EXECUTION, COVERING INSTALLMENT OF NEW TELEPHONE FACILITIES, FOR THE OKLAHOMA AIR NATIONAL GUARD AT TULSA MUNICIPAL AIRPORT — USING AN INSTALLMENT PLAN) CITE: OPINION NO. MAY 5, 1953 — SMITH, ARTICLE X, SECTION 23, ARTICLE...
** REFUND — CANTEEN ** THE MENTAL HEALTH CODE ESTABLISHED AT EACH INSTITUTION IN THE DEPARTMENT OF MENTAL HEALTH 'A CANTEEN WHICH SHALL BE INCORPORATED AND SELF SUPPORTING' AND PROVIDE THAT 'ALL PROFITS FROM EACH INSTITUTION CANTEEN SHALL BE USED EXCLUSIVELY FOR THE BENEFIT OF THE PATIENTS OF THE INSTITUTION'. SECTION 171 PROVIDES A MEANS FOR UNCLAIMED FUNDS OF PATIENTS TO BECOME PROPERTY OF THE STATE, AND THESE FUNDS ARE DEPOSITED IN THE INSTITUTION REVOLVING FUND, AUTHORIZE BY SECTION 35. THE...
** INSURANCE AGENTS — STOCK LIFE COMPANY — CONVERSION ** AFTER CONVERSION BY A MUTUAL BENEFIT ASSOCIATION INTO A STOCK LIFE INSURANCE COMPANY, THE AGENTS OF SUCH COMPANY ARE SUBJECT TO THE EXAMINATION REQUIREMENTS OF 36 Ohio St. 1405 [ 36-1405 ] (1961), EXCEPT THAT AN APPLICANT FOR A RENEWAL LICENSE IS EXEMPT FROM SUCH EXAMINATION IS NECESSARY. (LICENSE, INSURANCE AGENTS) CITE: 36 Ohio St. 2401 [ 36-2401 ], 36 Ohio St. 2403 [ 36-2403 ](B), 36 Ohio St. 1405 [ 36-1405 ], 36 Ohio St. 2421 [ 36-...
