** COURT CLERK — FEES — MAXIMUM ** THE PROVISIONS OF 28 Ohio St. 31 [ 28-31 ] (1969) WHICH PROVIDES THAT A COURT CLERK SHALL CHARGE A 1% FEE UP TO A MAXIMUM OF $200.00 UPON "RECEIVING AND PAYING OUT" MONEY PURSUANT TO A LAW OR ORDER OF THE COURT AUTHORIZES A 1% FEE TO BE CHARGED UPON EACH PROCESS OR TRANSACTION OF RECEIVING AND PAYING OUT OF MONEY PURSUANT TO LAW OR ORDER OF THE COURT. (TRANSACTION, SINGLE TRANSACTION, FEES) CITE: 28 Ohio St. 39 .2 [ 28-39.2 ], 28 Ohio St. 39 .1 [ 28-39.1 ], 28...
** MOBILE HOMES — FLASHING LIGHTS — ESCORTS ** WHERE THE DEPARTMENT OF PUBLIC SAFETY REQUIRES A VEHICLE ESCORT FOR A TRUCK MOVING AN OVERSIZE LOAD, SUCH ESCORTING VEHICLES MAY USE FLASHING LIGHTS IN ACCORDANCE WITH THE PROVISIONS OF 47 Ohio St. 12-220 [ 47-12-220 ](D) (MANUFACTURER HOME, MOVEMENT, HAULING, VEHICLES, HIGHWAY) CITE: 47 Ohio St. 12-227 [ 47-12-227 ](C) (JOHN C. HOWARD)
** TRUST — HOUSING AUTHORITY — QUALIFICATION ** THE SOUTHERN OKLAHOMA DEVELOPMENT TRUST AS PRESENTLY CONSTITUTED CANNOT QUALIFY AS A HOUSING AUTHORITY. (TRUSTEES) CITE: 60 Ohio St. 177 [ 60-177 ] (W. J. MONROE)
** AREA PLANNING COMMISSION — JURISDICTION ** (1) 19 Ohio St. 866 .36 [ 19-866.36 ] ALLOWS A COUNTY CONTAINING A LAKE CONSTRUCTED BY THE GRAND RIVER DAM AUTHORITY OR UNITED STATES ARMY CORPS OF ENGINEERS TO FORM A LAKE PLANNING AND ZONING COMMISSION. 19 Ohio St. 866 .2 [ 19-866.2 ] LIMITS THE JURISDICTION OF SUCH A LAKE PLANNING AND ZONING COMMISSION TO ALL OR ANY PART OF SUCH COUNTY NOT EXCEEDING A THREE MILE PERIMETER FROM THE NORMAL LAKE ELEVATION SHORELINE OF ANY SUCH LAKE. (2) 19 Ohio St....
** SCHOOL DISTRICT — WORKERS' COMPENSATION — APPEALS ** A SCHOOL DISTRICT IS A POLITICAL SUBDIVISION OF THE STATE OF OKLAHOMA UNDER 85 Ohio St. 29 [ 85-29 ] (1968) AND AS SUCH IS NOT REQUIRED TO MAKE THE WRITTEN UNDERTAKING PROVIDED THEREIN. APPEAL BOND (APPEAL, COURT OF APPEALS) CITE: 85 Ohio St. 29 [ 85-29 ], ARTICLE V, SECTION 23 (DUANE LOBAUGH)
** TULSA CHILDREN'S MEDICAL CENTER — INSPECTION ** THE COMMISSIONER OF CHARITIES AND CORRECTIONS HAS THE DUTY TO INSPECT THE CHILDREN'S MEDICAL CENTER AT TULSA, OKLAHOMA AS IT IS A DOMICILARY FACILITY AS DEFINED IN 74 Ohio St. 188 [ 74-188 ](A) AND RECEIVES PAYMENT FROM THE DEPARTMENT OF PUBLIC WELFARE FOR SERVICES ON BEHALF OF PERSONS LIVING IN THE FACILITY. (STATE FACILITY, DEPARTMENT OF HUMAN SERVICES, JUVENILE FACILITY, INSPECTION) CITE: 74 Ohio St. 188 [ 74-188 ] (DAVID L. RUSSELL)
** STATES FUNDS — BANKS — AMOUNT DEPOSITED ** TITLE 62 Ohio St. 88 [ 62-88 ] (1969), GIVES THE STATE TREASURER SOLE AUTHORITY TO DETERMINE THE AMOUNT OF SURPLUS PUBLIC FUNDS IN HIS CUSTODY TO BE DEPOSITED IN ANY BANK APPROVED BY THE STATE DEPOSITORY BOARD. (STATE FUNDS, SURPLUS FUND) CITE: 62 Ohio St. 88 [ 62-88 ] (DELL GORDON)
** COURT FEES — CHECK — INSUFFICIENT FUNDS ** UNDER THE PROVISIONS OF 21 Ohio St. 1541 .1 [ 21-1541.1 ] ET SEQ., A DISTRICT ATTORNEY HAS THE AUTHORITY TO FILE A CRIMINAL CHARGE ON AN INSUFFICIENT FUNDS CHECK MAKE PAYABLE TO THE COURT CLERK IN PAYMENT OF A FINE AND COSTS UPON A WRITTEN PLEA OF GUILTY, OR FOR PURPOSES OF A BOND, AS PROVIDED IN 22 Ohio St. 1114 .1 [ 22-1114.1 ] ET SEQ. (BOGUS CHECK, HOT CHECK, COURT COSTS) CITE: 22 Ohio St. 1114 .1 [ 22-1114.1 ], 21 Ohio St. 1151 .1 [21-1151.1] 25...
** GOOD TIME CREDITS — PAROLE VIOLATORS ** PAROLE AND CONDITIONAL RELEASE VIOLATORS WHOSE CRIMES WERE COMMITTED PRIOR TO AUGUST 2, 1968, SHOULD NOT BE DEPRIVED OF ANY "GOOD TIME" CREDITS ON THEIR PENITENTIARY TERMS EARNED PRIOR TO THEIR RELEASE ON PAROLE OR CONDITIONAL RELEASE. TO DO SO WOULD BE AN UNCONSTITUTIONAL EX POST FACTO APPLICATION OF 57 Ohio St. 138 [ 57-138 ] (1969). (EX POST FACTO LAW, UNCONSTITUTIONAL LAW) CITE: OPINION NO. 68-378, 57 Ohio St. 138 [ 57-138 ] (HUGH H. COLLUM)
** SENATE RESOLUTION — STATE EMPLOYEE — BONUS ** UNDER THE PROVISIONS OF ARTICLE V, SECTION 49 IT IS UNCONSTITUTIONAL FOR THE OKLAHOMA STATE SENATE, BY SENATE RESOLUTION, TO PAY A BONUS TO A STATE EMPLOYEE. (PAY BONUS, BONUS SALARY) CITE: 74 Ohio St. 292 [ 74-292 ] (ROBERT D. MCDONALD)
OPINION — AG — **** SCHOOL CHILDREN — BUSING — CONTRACT CARRIERS **** A PRIVATE INDIVIDUAL WHO CONTRACTS TO FURNISH TRANSPORTATION TO AND FROM PUBLIC SCHOOLS AND TO AND FROM OTHER SCHOOL RELATED ACTIVITIES FOR COMPENSATION IS A ' CONTRACT CARRIER BY MOTOR VEHICLE ' AS DEFINED IN 47 Ohio St. 1968 Supp., 161 [ 47-161 ](H) AND IS SUBJECT TO REGULATION BY THE CORPORATION COMMISSION. CITE: 47 Ohio St. 1968 Supp., 161 [ 47-161 ](F) (TIM LEONARD)
Defendants — Indigent — Attorney's Fees An attorney appointed to represent an indigent defendant before the examining magistrate may be paid not to exceed $100.00 for all proceedings up to the time when said defendant is discharged or bound over for trial. The same attorney may later be paid not to exceed $250.00 for defending the same indigent defendant in the trial court. Whenever the language in our Opinion No. 69-318 conflicts with the views herein expressed the same is overruled. The...
Insurance Companies — State — Anti-Trust Laws Congress has provided by statute that the provisions of the Sherman Act, as amended, the Clayton Act, as amended, and the Federal Trade Commission Act, as amended, sometimes collectively referred to as the Anti-Trust laws. are applicable to the business of insurance only to the extent such business is not regulated by State law. The Attorney General has had under consideration your recent letter submitted over the signature of Mr. Jack A. Rhodes....
Training Schools — Children — Non-Return 1. The failure of a parent to return his child to a State School for Boys after checking said child out under an Oklahoma Public Welfare Commission Policy of permitting parents to check their children out on Sundays and take them off of campus for a period not to exceed one-half day does not constitute "Contributing to the Delinquency of a Minor" as provided in 21 Ohio St. 856 [ 21-856 ] (1961). 2. The failure of a parent to return his child to a State...
State Employees — Federal Wage Law 1. Under 29 U.S.C.A. 213 (b)(18), employees of a college dining hall or cafeteria are exempt from the overtime provisions of the Fair Labor Standards Act as amended in 1966. 2. The Board of Regents of Oklahoma Colleges is prohibited by the Oklahoma Constitution from approving or paying claims for overtime wages accrued from prior fiscal years for employees of the college maintenance department who are paid from appropriated funds. The Attorney General has had...
Turnpike Authority — Toll — Special Rates The Oklahoma Turnpike Authority can legally increase tolls on -the turnpike system. The Oklahoma Turnpike Authority has the power to classify tolls to cover all traffic; the tolls must be uniform within any reasonable class; and such Authority cannot reduce the rate of toll except through the use of tickets or privileges giving the holder thereof the right to travel at a certain rate for a limited number of trips or the right to travel an unlimited...
Firemen's Pension — Divorce — Widow Under 11 Ohio St. 368a [11-368a] (1968), it is expressly provided that upon remarriage the pension payable to a widow of a deceased fireman pensioner ceases. Such pension is not revoked by a subsequent divorce. The Attorney General has considered your request for an official opinion wherein you state: "We respectfully request your opinion as to the eligibility of the widow of a deceased fire department employee to receive her husband's pension under 11 Ohio...
County Commissioners — Contracts — Job Study Under the contract and facts presented, the Board of County Commissioners of Tulsa County had the implied power to contract with private individuals for the purpose of obtaining an "Employees lob Study" to furnish the technical information necessary to enable it to discharge the duties enjoyed on it by 19 Ohio St. 180 .65 [ 19-180.65 ] (1961), supra , and said contract and claim are therefore valid. This conclusion is expressly limited to the...
Public Safety Department — Cars — Number Title 47 Ohio St. 2-107 [ 47-2-107 ] (1961), provides that the "Department of Public Safety may own, use and maintain not more than 318 passenger automobiles." This statute repealed by implication the portion of Section 156 of Title 47, which limits the number of passenger automobiles which may be owned, used or maintained by the Department of Public Safety to 168 such passenger automobiles. When the repealed portion of Section 156 was re-enacted as a...
State Officer — Interests — Conflict There would not exist a conflict of interest which would violate the provisions of either 74 Ohio St. 1402 [ 74-1402 ] or Section 74 Ohio St. 1404 [ 74-1404 ] (1969) if a member of the Oklahoma Turnpike Authority was involved in the process of securing a state bank charter. The Attorney General has had under consideration your recent letter in which you, in effect, inquire as follows: Would there exist a conflict of interest if a member of the Oklahoma...
