** STATE TRAVEL REIMBURSEMENT — DATA PROCESSING TECHNICAL ADVISORY COMMITTEE ** 74 Ohio St. 500 .1 [ 74-500.1 ] ET SEQ., KNOWN AS THE STATE TRAVEL REIMBURSEMENT ACT IS APPLICABLE TO THE DATA PROCESSING TECHNICAL ADVISORY COMMITTEE WITH RESPECT TO REIMBURSEMENT AND PER DIEM EXPENDITURES. CITE: 74 Ohio St. 118 .5 [ 74-118.5 ], 74 Ohio St. 500 .1 [ 74-500.1 ] (1972) (MARVIN C. EMERSON)
OPINION — AG — ** LIENS — COUNTY CLERK — REGISTERED ** (1) A RELEASE OF LIEN IS AN INSTRUMENT AFFECTING AND RELATING TO REAL ESTATE AS CONTEMPLATED WITHIN THE PROVISIONS OF 16 Ohio St. 15 [ 16-15 ], 16 Ohio St. 26 [ 16-26 ] (2) A RELEASE OF LIEN MAY NOT BE RECEIVED FOR RECORDING BY THE COUNTY CLERK UNLESS THE INSTRUMENT CONSTITUTING THE RELEASE BE DULY EXECUTED AND ACKNOWLEDGED IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF THE FILING OF LIENS AND MORTGAGES. ** NOTE: OVERRULED BY ' 689 P.2d...
OPINION — AG — (1) A MUNICIPALITY THAT OPERATES UNDER A CHARTER FORM OF GOVERNMENT MAY PAY PROFESSIONAL DUES AND FEES FOR PROFESSIONAL PERIODICALS AS COMPENSATION FOR EMPLOYEES IF NOT OTHERWISE PROHIBITED BY PROVISIONS OF THE CHARTER OR MUNICIPAL ORDINANCE. (2) NONCHARTERED STATUTORY MUNICIPALITIES ARE NOT PROHIBITED BY THE PROVISIONS OF TITLE 11 OKLAHOMA STATUTES FROM PROVIDING FOR THE PAYMENT OF PROFESSIONAL DUES AND FEES FOR PROFESSIONAL PERIODICALS AS COMPENSATION TO ITS EMPLOYEES. CITE: 11...
OPINION — AG — ** DRY CLEANING — COMPENSATION — HIGHWAY PATROL TROOPERS ** 47 Ohio St. 2-130 [ 47-2-130 ] DOES 'NOT' SPECIFICALLY PROVIDE FOR THE PAYMENT OF A MONTHLY CLEANING AND MAINTENANCE ALLOWANCE FOR " WATER ENFORCEMENT OFFICERS "; THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY IS PRECLUDED FROM MAKING SAID PAYMENT WITHOUT SPECIFIC STATUTORY AUTHORITY; AND AN ALLOWANCE WOULD 'NOT' BE JUSTIFIED AS ADDITIONAL COMPENSATION FOR THE PERFORMANCE OF SECONDARY DUTIES UNDER 63 Ohio St. 825 .1...
The Attorney General has received your letter dated November 1, 1979, wherein you request an opinion in regard to the following questions presented for official consideration: 1. "Is it a violation of Oklahoma Statutes for an employee of the State to use public funds, equipment or employees time to influence the vote on an initiative petition election 2. "What are the penalties for such a violation 3. "Are the penalties for such a violation affected by the violator's efforts to make...
The Attorney General has received your request for an opinion wherein you ask, in effect, the following question: Must a release of a mechanic's and materialmen's lien be executed and acknowledged before being received for filing by a county clerk As defined by statute, a "lien" is "a charge imposed upon specific property, by which it is made security for the performance of an act." 42 Ohio St. 1 [ 42-1 ] (1971). The type of lien referred to as a "mechanic's or materialmen's lien" is...
The Attorney General is in receipt of your request for an opinion wherein you ask the following questions: " 1. Citing 40 Ohio St. 52 [ 40-52 ](g) (1979) In a situation where an employment agency deals strictly with employer paid fee situations and the applicant is never responsible for a placement fee, is this type of employment agency required to be licensed under Oklahoma law " 2. Citing 40 Ohio St. 54 [ 40-54 ](a) (1977) In a situation wherein the employer is to pay the fee of the...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following questions: 1) Does the Oklahoma Department of Transportation have the authority to administer and expend federal rail assistance funds available under 5(f) through 5(p) of the Department of Transportation Act (49 U.S.C.A. 1654) for any or all of the types of assistance projects eligible for funding under this section of federal law 2) Would our administering and expending federal rail...
The Attorney General is in receipt of your request for an opinion wherein you ask the following questions: "1 Is the sale of electricity by Rural Electric Cooperatives exempt from taxation under the Oklahoma Sales Tax Code "2 Since the Sales Tax Code expressly exempts the 'sale of advertising space in newspapers and periodicals and billboard advertising service' ( 68 Ohio St. 1305 [ 68-1305 ](n)), may the exemption be expanded to include radio and television advertising "3 If electronic media...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following: May the Department of Vocational and Technical Education release information regarding school dropouts upon request from third parties Under the provisions of 70 Ohio St. 35 [ 70-35 ](e) (1978) certain requirements regarding information on school dropouts are set forth. The pertinent provisions require information, including name, address, race and age of any student dropping out of...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Does "HIGH RATE GEOGRAPHICAL AREA" as provided for in Section 3 of HB 1377 which amends 74 Ohio St. 500 .9 [ 74-500.9 ] of the State Travel Reimbursement Act include municipalities within the metropolitan area of the cities listed or must claims for lodging in such "HIGH RATE GEOGRAPHICAL AREAS" be confined to places of public accommodation within the corporate boundaries of the...
On August 15, 1974, the Director for the Department of Industrial Development submitted a request for an opinion of the Attorney General on the following questions: "1. May an alien hold title in fee simple absolute to real property in Oklahoma If not, what is the legal status of any title that an alien may hold "2. Would the legal effect of the above question differ if the alien were a corporation or partnership, or joint venture with a resident individual If so, in what way " On January...
The Attorney General is in receipt of your request for an opinion wherein you ask, substantially, the following question: Does the notice requirement set out in Title 12 Ohio St. 180 [ 12-180 ] and 12 Ohio St. 180 .1 [ 12-180.1 ] (1978) act as a lien on property which may or may not be the subject of a lawsuit if the abstractor includes any litigation effecting the owner within the title search. As amended, 12 Ohio St. 180 [ 12-180 ] (1978) applies to the filing of a petition as notice of suit...
The Attorney General has considered your request for an opinion wherein you ask the following question: "Is there a legal prohibition preventing a municipality from purchasing land from an individual whose brother serves on the Governing Board of the municipality and who has no other business or personal relationship with the seller" The Municipal Code, codified in Title 11 of the Oklahoma Statutes (Supp. 1977) contains no express prohibition contracts of the type this question concerns. The...
OPINION — AG — THERE IS NO STATUTORY PROHIBITION AGAINST A MUNICIPALITY PURCHASING LAND FROM AN INDIVIDUAL WHO IS THE BROTHER OF A MEMBER OF THE GOVERNING BOARD OF THE MUNICIPALITY, WHERE SUCH MEMBER HAS NO DIRECT OR INDIRECT PECUNIARY INTEREST IN THE SALE OF THE PROPERTY. (CONFLICT OF INTEREST) CITE: 62 Ohio St. 1971 371 [ 62-371 ], 21 Ohio St. 1971 344 [ 21-344 ] 61 Ohio St. 1974 Supp., 114 [ 61-114 ] (JOHN THOMAS) ** SEE: OPINION NO. 85-138 === SEE OPINION NO. 88-088 (1989) ** SEE OPINION NO....
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: May the Teacher's Retirement System permit an individual, otherwise eligible for membership in the Teacher's Retirement System but for whom no deductions have been made to contribute for the years no deductions were made on his behalf and receive retirement benefits from the system on the basis of those years Eligibility for membership in TRS is defined by statute and the rules...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Does the requirement that tax monies be expended for public purposes only, as discussed in 12 Okl. Op. A.G. (Opinion No. 79-78), apply to the "promotional fee" collected of farmers pursuant to 2 Ohio St. 1030 [2-1030] (1978) In Opinion No. 79-78, it was made clear that the expenditure of tax monies must be for purposes which are public in nature. Awards to individuals, while...
OPINION — AG — THE COLLECTION OF A "PROMOTIONAL FEE" FROM OKLAHOMA WHEAT GROWERS BY THE OKLAHOMA WHEAT COMMISSION CONSTITUTES A TAX, NOTWITHSTANDING THE POSSIBILITY THAT SUCH A TAX IS REFUNDABLE UPON DEMAND. THESE MONIES COLLECTED BY THE OKLAHOMA WHEAT COMMISSION ARE SUBJECT TO THE PROVISIONS OF THE OKLAHOMA CONSTITUTION REGARDING EXPENDITURES OF TAXES. ALL EXPENDITURES OF SUCH TAXES BY THE OKLAHOMA WHEAT COMMISSION MUST BE FOR A PUBLIC PURPOSE PURSUANT TO ARTICLE X , SECTION 14 OKLAHOMA...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Is it mandatory that counties pay the optional $250 travel pay to the County Assessor rather than mileage if the Assessor elects that option Your question refers to House Bill 1472, Laws 1979, c. 221 , 161-167, eff. May 30, 1979, which provides in pertinent part as follows: Section 3. "Each county officer or his deputy shall be entitled to reimbursement for all traveling...
OPINION — AG — THE COUNTY ASSESSOR MAY ELECT THE OPTIONAL $250 TRAVEL ALLOWANCE IN LIEU OF REIMBURSEMENT FOR ACTUAL MILEAGE ; WHERE THE TRAVEL ALLOWANCE OPTION HAS BEEN ELECTED BY THE ASSESSOR, THE COUNTY MUST PAY THAT OPTION. CITE: HOUSE BILL NO. 1472, 25 Ohio St. 1971 1 [ 25-1 ] (PATRICA DEMPS) ** SEE: OPINION NO. 83-229 (1983) **
