OPINION — AG — ** INTOXICATING LIQUORS — SALES — CLASS ** A NON RESIDENT SELLER LICENSED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD MUST SELL ITS PRODUCT TO ALL LICENSED CLASS B WHOLESALERS IN THIS STATE WHETHER ITS PRODUCT IS DESTINED SOLELY FOR SALE TO MILITARY INSTALLATIONS WITHIN THE BOUNDARIES OF THE STATE OF OKLAHOMA OR NOT. FURTHER, IN ACCORDANCE WITH THE ALCOHOLIC BEVERAGE CONTROL BOARD MUST ENFORCE 37 Ohio St. 533 [ 37-533 ] AS IT RELATES TO ANY SUCH NON RESIDENT SELLERS. (OUT OF STATE,...
SCHOOLS The University Hospital and Clinics. The authority to determine the need for the proposed structure and the corresponding determination of necessity for the issuance of revenue bonds to finance same is exclusively within the province of the University of Oklahoma Board of Regents. The sole criterion by which the Board of Regents is to be guided in the exercise of that discretion is the statutory requirement that the Board must first determine such structure to be necessary for the...
DEFINITIONS AND GENERAL PROVISIONS The Tulsa Urban League is not a "public body" for purposes of coverage under the Oklahoma Open Meeting Act, 25 Ohio St. 301 [ 25-301 ] — 25 Ohio St. 314 [ 25-314 ] (1977), unless the League were to receive support in whole or in part by public funds or become entrusted with the expending of public funds, or administering public property. The Attorney General has considered your request for an opinion wherein you ask, in effect, the following question: Is the...
CITIES AND TOWNS Title 11 Ohio St. 47-116 [ 11-47-116 ](A) (1977), requires every deed describing land by metes and bounds which conveys land within the jurisdiction of the City Planning Commission in a tract of five (5) acres or less bear written approval by the Planning Commission notwithstanding written approval by the commission of previous deeds of conveyance of the same tract of land to entitle the deed to be recorded and import notice. The Attorney General has considered your request for...
CIVIL PROCEDURE Title 12 Ohio St. 180 .1 [ 12-180.1 ] (1971), as amended by House Bill No. 1293 of the First Regular Session of the Thirty-sixth Oklahoma Legislature, does not alter or change the date on which a judgment lien based upon a money judgment would attach to real property owned by the judgment debtor. The date of this attachment is still governed by 12 Ohio St. 706 [ 12-706 ] (1971). The Attorney General has considered your request for an opinion wherein you, in effect, ask the...
STATE OFFICERS AND EMPLOYEES Expense reimbursements for the non-legislative members of the Special Committee on Criminal Justice are authorized by Section 5 of Enrolled House Joint Resolution No. 1020 of the First Regular Session of the Thirty-sixth Legislature (1977); however, due to the specific language contained therein, such expense reimbursements cannot be paid from money appropriated to the State Legislative Council or the Legislature under Chapters 139 and 140 O.S.L. 1977. The...
MOTOR VEHICLES (1) A self-propelled motor home is, by definition, not a truck as defined by the Oklahoma Motor Vehicle Code; (2) a pickup truck equipped with a "camper" (compact temporary living unit which sits in the back of a pickup truck) is a truck by virtue of 47 Ohio St. 1-182 [ 47-1-182 ] (1971); (3) neither a self-propelled motor home nor a pickup truck may legally tow a combination of two units where one unit is an automobile by virtue of 47 Ohio St. 14-103 [ 47-14-103 ](d) (1977) and...
ELECTIONS Voting devices which cannot generate results at the precinct level are not lawful in Oklahoma in light of the provisions of 26 Ohio St. 7-132 [ 26-7-132 ] (1977), and the State Election Board was well within its authority under 26 Ohio St. 9-102 [ 26-9-102 ] (1977), to adopt Point No. 15 of the specifications for voting machines adopted October 7, 1977, to the effect that a voting system must be capable of providing multiple copies of the complete results of the election for a...
STATE OFFICERS AND EMPLOYEES Conversion privileges provided by Section 11, Senate Bill No. 73, Thirty-sixth Oklahoma Legislature, First Session are limited to continuation of health insurance plan benefits only and does not contemplate nor would it be possible for an insurance contract to be provided to such converting persons. It is further the opinion of the Attorney General that no life insurance plan benefits would be convertible in that the legislative intent is to limit said conversion...
SCHOOLS Under the provisions of 70 Ohio St. 102 [ 70-102 ] (1976), a student who has been granted an emergency transfer for the two preceding school years, and a younger brother of such student presently eligible to attend school and having previously been granted a transfer for the purpose of attending kindergarten, may continue to attend school within the receiving district conditioned only upon the approval for such attendance by the receiving district. The Attorney General is in receipt of...
CITIES AND TOWNS Under 11 Ohio St. 48-102 [ 11-48-102 ] and 11 Ohio St. 50-106 [ 11-50-106 ] (1977), the trustees of the various police pension and retirement systems of the state, cities, and towns of Oklahoma may not invest in a pooled fund restricted to such police pension systems managed by a trust consultant. However, under 11 Ohio St. 60-106 [11-60-106](4) (1977), a board of trustees may hire a trust consultant for the purposes of advice on how pension funds should be invested, while...
DEFINITIONS AND GENERAL PROVISIONS Collective bargaining negotiation sessions, or discussions thereof, participated in by members of a city council or other governing body of a city, or by some committee, task force or other group acting on behalf of the city, whether composed of administrative staff or others, are clearly subject to the Oklahoma Open Meeting Act and must be conducted in the open. Collective bargaining negotiation sessions participated in only by the city manager, or only by...
WATERS AND WATER RIGHTS A Port Authority created under the authority of 82 Ohio St. 110 [82-110] et seq. (1971). id empowered with the discretion to borrow through either notes or other evidence of indebtedness pursuant to 82 Ohio St. 110 6 [ 82-1106 ](b) (1971) or through the issuance of revenue bonds pursuant to 82 Ohio St. 1121 [ 82-1121 ] — 82 Ohio St. 1137 [ 82-1137 ] (1971). The use of revenue derived from the issuance of bonds is restricted to those purposes specified in 82 Ohio St. 1121...
REVENUE AND TAXATION The utilization of a private vendor under contract, acting as agent for Data Processing and Planning Division, to keypunch data from motor vehicle registrations, is not a violation of 68 Ohio St. 205 [ 68-205 ](a) (1976), 47 Ohio St. 22 .24 [47-22.24] (1971) being an exception thereto, or 74 Ohio St. 118 .17 [ 74-118.17 ](A) and 74 Ohio St. 118 .17 [ 74-118.17 ](B) (1976), however, individuals in possession of the information found in such registrations are bound by the...
STATE OFFICERS AND EMPLOYEES Title 74 Ohio St. 803 [ 74-803 ] (1976), is applicable to the Wildlife Conservation Department in regards to State Personnel Board leave regulations. Title 74 Ohio St. 828 .2 [ 74-828.2 ] (1976) is applicable to the Wildlife Conservation Department. The Wildlife Conservation Commission is prohibited, by virtue of 29 Ohio St. 3-305 [ 29-3-305 ] (1976) from expending, for operations, fees collected from the sale of lifetime licenses, but may expend the interest...
REVENUE AND TAXATION As to a real estate mortgage which secures partial payment of a debt or obligation the mortgage registration tax levied by 68 Ohio St. 1904 [ 68-1904 ] (1971), is to be computed by the County Treasurer upon the amount secured thereby. The Attorney General is in receipt of your opinion request wherein, you in effect, ask the following question: When a real estate mortgage instrument recites a total sum of indebtedness greater than that amount secured by the mortgage which...
REVENUE AND TAXATION Under 68 Ohio St. 1305 [ 68-1305 ](c) (1976), baling wire and baling twine is exempt from the imposition of State sales tax as equipment which is "part of a system to be used directly on a farm or ranch in the production, feeding, cultivation, planting, sowing, harvesting, processing, spraying, preservation or irrigation of any livestock, poultry, agricultural or dairy products produced from such lands." The Attorney General has considered your opinion request wherein you...
PROFESSIONS AND OCCUPATIONS The Oklahoma State Board of Medical Examiners may hold more than one regular meeting in the first six months of the calendar year and more than one regular meeting in the last six months of the calendar year at which time they may consider disciplinary hearings pursuant to 59 Ohio St. 503 [ 59-503 ] (1971) provided they meet the notice requirement of 59 Ohio St. 488 [ 59-488 ] (1971) and the Open Meeting Law, 25 Ohio St. 301-314 [25-301-314] (1977). The Attorney...
INTOXICATING LIQUORS The Alcoholic Beverage Control Board must examine each holder of, or applicant for, a non-resident seller's license and factually determine whether any foreign corporation lacks the "out-of-state" quality required of 37 Ohio St. 524 [ 37-524 ] (1971). The Board may consider, among others, as indicia of residency: (1) principal place of business, (2) location of primary market, and (3) residence of officers, directors or principal shareholder. The Board may conclude that an...
SCHOOLS Pursuant to the provisions of 70 Ohio St. 6-102 .1 [ 70-6-102.1 ] (1977), a duly certificated teacher, in order to obtain the status of a "tenured teacher" or "postprobationary teacher," must have completed three or more consecutive complete school years, as designated by the board of education of the respective school district, of teaching service in one school district under a written teaching contract Further, any fraction of a school year completed by said teacher may not be...
