OPINION — AG — **** PAYMENT OF EXPENSES FOR JUDICIAL FUNCTIONS **** THE COSTS OF MAINTENANCE OF COURTROOMS, JUDGES' CHAMBERS, CLERK'S OFFICES, AND OTHER AREAS USED PRIMARY FOR JUDICIAL FUNCTIONS SHOULD BE PAID FROM THE CURT FUND PURSUANT TO 20 Ohio St. 1 [ 20-1 ] 304(B)(6)/ MAINTENANCE EXPENSES INCLUDE JANITORIAL SERVICES, BUT DO NOT INCLUDE THE COST OF GAS, WATER, AND ELECTRICITY. ALSO, TELEPHONE EXPENSES SHOULD BE PAID FROM THE COUNTY COURT FUND PURSUANT TO 20 Ohio St. 1 304 [ 20-1304 ](B)(10)...
** COMMISSIONERS OF THE LAND OFFICE — PROCEDURES FOR CONDUCTING BUSINESS ** IF THE COMMISSIONERS OF THE LAND OFFICE ORIGINALLY FAIL TO INSTITUTE ACTION BECAUSE THERE WERE LESS THAN THREE MEMBERS VOTING AFFIRMATIVELY FOR IT, THE SAME ACTION MAY BE INSTITUTED AT A LATER TIME BY AN AFFIRMATIVE VOTE OF THREE MEMBERS OF THE COMMISSION AND IT IS NOT NECESSARY THAT THE FULL MEMBERSHIP CONCUR. NO ACTION PREVIOUSLY TAKEN BY THE COMMISSION MAY BE RESCINDED EXCEPT BY UNANIMOUS VOTE OF THE FULL MEMBERSHIP...
STATE PROPERTY — MUNICIPAL REGULATION In the absence of a specific grant of authority by the Legislature to the municipalities to regulate the State's property, the State retains the right to have its property free from municipal regulation. This principle applies to the Oklahoma Capitol Improvement Authority and to all State agencies. The State of Oklahoma has not granted to municipalities the authority to regulate the State's property. Therefore, the Capitol Improvement Authority may...
LAND OFFICE COMMISSIONERS — BONDS Under the provisions of Article XI , Section 6 of the Oklahoma Constitution and 64 Ohio St. 51 [ 64-51 ] (1971), the Commissioners of the Land Office may exchange United States Treasury bonds, in which they have invested, for Government National Mortgage Association Participation Certificates having the same maturity value and a higher annual yield. The Attorney General has considered your opinion request wherein you ask the following question: "May the...
LAND OFFICE COMMISSIONERS — BONDS Under the provisions of Article XI , Section 6 of the Oklahoma Constitution and 64 Ohio St. 51 [ 64-51 ] (1971), the Commissioners of the Land Office may exchange United States Treasury bonds, in which they have invested, for New Community Development Debentures having the same maturity value and a higher annual yield. The Attorney General has considered your opinion request wherein you ask the following question: "May the Commissioners of the Land Office trade...
AD VALOREM TAX — LIBRARIES The ad valorem tax levy for library purposes authorized by 65 Ohio St. 61 [ 65-61 ] (1971), is subject to the limitations of Article X , Section 9(a), Oklahoma Constitution. The Attorney General has considered your opinion request wherein you ask, in effect, the following question: Is the ad valorem tax levy for library purposes authorized by 65 Ohio St. 61 [ 65-61 ] (1971), subject to the limitation of Article X , Section 9(a), Oklahoma Constitution Title 65 Ohio St....
LICENSED ORGANIZATION — CONDUCTING BINGO GAME A person or organization must be licensed to conduct a Bingo game if a prize is awarded to the winner, even though no charge was made for the participation in the same. The Attorney General has considered your letter of October 24, 1973 wherein you asked the following question: "Does House Bill 1220 prohibit a person or organization, not licensed under the provisions of said Act, from conducting a game of Bingo to the winner of which a prize is...
SCHOOL BOND ISSUE — DISTRICT ATTORNEYS' DUTIES Under the provisions of 19 Ohio St. 215 .16 [ 19-215.16 ] (1971) and Article XVII , Section 2 , of the Oklahoma Constitution, if a school bond issue is approved by the voters of a school district, the First Assistant District Attorney, acting pursuant to 19 Ohio St. 215 .9 [ 19-215.9 ] may perform those duties imposed on the County Attorney as required by Article X , Section 29 of the Oklahoma Constitution and 70 Ohio St. 15-105 [ 70-15-105 ] (1971)...
OKLAHOMA EMPLOYMENT SECURITY COMMISSION — EXPENDITURES The Oklahoma Employment Security Commission may make expenditures which are necessary for the proper and efficient administration of the Act. The Attorney General's Office is in receipt of your opinion request wherein you asked, in effect, the following question: May the Oklahoma Employment Security Commission pay an annual assessment or dues to the Interstate Conference of Employment Security Agencies, Inc., a nonprofit corporation, the...
The Secretary may Promulgate such procedural rules as are reasonably necessary to carry out the provisions of 18 Ohio St. 1 .204 [ 18-1.204 ](a) (1971) and 18 Ohio St. 1 .17 [ 18-1.17 ] as amended, by Senate Bill 192 which makes the Secretary of State service agent for foreign corporations doing business in the State of Oklahoma. May the Secretary of State for foreign corporations pursuant to provisions of Senate Bill 192 amending 18 Ohio St. 1 .17 [ 18-1.17 ] (1971) and 18 Ohio St. 1 .204a [...
DOCUMENTARY STAMP TAX — MINERAL DEED Under Title 68 Ohio St. 5101 [ 68-5101 ] through 68 Ohio St. 5107 [ 68-5107 ], known as the Documentary Stamp Tax Law, a mineral deed is subject to the documentary stamp tax. The Attorney General's Office is in receipt of your opinion request wherein you asked the following question: "Whether a mineral deed is subject to the Documentary Stamp Tax Law" The Documentary Stamp Tax Law is contained in 68 Ohio St. 5101 [ 68-5101 ] through 68 Ohio St. 5107 [ 68-...
DOCUMENTARY STAMP TAX — ASSIGNMENT OF REALTY An assignment of realty where the State has sold property pursuant to a Certificate of Purchase and is not a party to the assignment between the State's vendee, assignor and the assignee, such assignment is subject to the documentary stamp tax. The Attorney General's office is in receipt of your opinion request wherein you asked, in effect, the following question: Is an assignment of realty pursuant to a Certificate of Purchase, wherein the State is...
COMMISSIONERS OF LAND OFFICE — PURCHASE OF BONDS Pursuant to Article XI , Section 6 , of the Oklahoma Constitution, and 64 Ohio St. 51 [ 64-51 ] (1971), the Commissioners of the Land Office may invest in Merchant Marine Bonds, Small Business Administration Debentures, Government National Mortgage Association Participation Certificates, United States Postal Services Bonds, New Communities Debentures, General Services Administration Debentures, Washington Metropolitan Area Transit Authority...
FARMERS HOME ADMINISTRATION NOTES Under the provisions of Article XI , Section 6 of the Oklahoma Constitution and 64 Ohio St. 51 [ 64-51 ] (1971), Farmers Home Administration Notes and Export-Import Bank Debentures are included within the meaning of the term "United States bonds", and the Commissioners of the Land Office may exchange United States Treasury bonds, in which they have invested, for Farmers Home Administration Notes and Export-Import Bank Debentures having the same maturity value...
COUNTY COMMISSIONERS — EASEMENTS FOR PUBLIC UTILITIES By virtue of 69 Ohio St. 1401 [ 69-1401 ] (1971), public utilities have the right to place pipelines under and in the right of way of county roads subject to the consent and rules and regulations of the respective boards of county commissioners. It is not within the power of the county commissioners to grant a permanent easement for the placement of a pipeline within the right-of-way of a county road, however, such pipelines may be...
SCHOOL DISTRICT — FEDERAL FUNDS In general, federal funds received by a school district should be included in computing per capita revenue to determine whether or not a school district is eligible for class size reduction monies for the school year 1973-74. Funds received for nonrecurring programs should not be included in the computation. Whether a particular program is "nonrecurring" would depend upon whether the district received funds thereunder prior to the term of the grant or it was...
STATE BOARD OF EDUCATION — PROFESSIONAL PRACTICES COMMISSION Under the provisions of 70 Ohio St. 6-122 [ 70-6-122 ] (1971), as amended, the jurisdiction of the State Board of Education and the Professional Practices Commission is limited to determining the questions of whether sufficient cause existed for the nonrenewal of a tenured teacher's contract. Procedural due process questions are not properly before the State Board of Education or the Professional Practices Commission acting pursuant...
STATE HIGHWAY DEPARTMENT — INSURANCE Absent legislative approval, the State Highway Department is not authorized to purchase engineering malpractice insurance for its employees. The Attorney General has considered your opinion request wherein you ask, in effect, the following question: May the State Highway Department legally purchase engineering malpractice insurance for its employees Title 69 Ohio St. 1501 [ 69-1501 ](a) (1971) requires that all money received for use on State highways be...
NONCAPITAL OFFENSE — BAIL Murder in the Second Degree is a noncapital offense and a person charged with such offense shall be admitted to bail as provided by the provisions of 22 Ohio St. 1101 [ 22-1101 ] (1971). The Attorney General has considered the request received from you in regard to setting bail for offenses committed under the new murder statutes House Bill No. 1101, First Session, Thirty-fourth Oklahoma Legislature (1973). You ask specifically: "In Section 2, homicide other than those...
CHURCH BUS Under present Oklahoma law, if a church purchases a used school bus to transport children to and from church activities, the bus must be painted a color other than national glossy yellow and have the loading lights removed. The Attorney General has considered your opinion request wherein you, in effect, ask the following question: Does 47 Ohio St. 12-102 [ 47-12-102 ] (1973) apply to churches that buy used school buses to transport children to and from church activities Section 12-...
