OPINION — AG — ** SEAT BELT LAW — MOTOR VEHICLES PRIOR TO 1967 ** THE PROVISIONS OF THE "OKLAHOMA MANDATORY SEAT BELT USE ACT" AS CODIFIED AT 47 Ohio St. 12-416 [ 47-12-416 ] ET SEQ., APPLY TO PASSENGER CARS, AS DEFINED IN 47 Ohio St. 12-417 A [47-12-417A] THAT WERE MANUFACTURED AFTER FEDERAL MOTOR VEHICLE SAFETY STANDARDS 208 BECAME EFFECTIVE ON JANUARY 1, 1968. ALL OPERATOR(S) AND FRONT SEAT PASSENGERS OF SUCH PASSENGER CAR ARE SUBJECT TO THE PROVISIONS OF THIS ACT. CITE: 47 Ohio St. 12-416 [...
OPINION — AG — ** HORSE RACING COMMISSION — BINDING RULES AND REGULATIONS — BINDING EFFECT ** AN ADMINISTRATIVE BODY, SUCH AS A BOARD, AGENCY OR COMMISSION, "CANNOT" ENACT IRREPEALABLE RULES OR REGULATIONS OR LIMIT OR RESTRICT ITS OWN POWERS OR THE POWERS OF ITS SUCCESSORS AS TO REPEAL OR MODIFICATION OF ITS RULES OR REGULATIONS. AN ADMINISTRATIVE AGENCY, CAN HOWEVER BE SAID TO BIND ITSELF AND ITS SUCCESSORS IN OFFICE, IN THE SENSE THAT THE ADMINISTRATIVE AGENCY'S REPEAL OR AMENDMENT OF AN...
OPINION — AG — ** WILDLIFE CONSERVATION COMMISSION — RETIREMENT FUNDS — SEPARATION OF POWERS ** (1) LEGISLATION AUTHORIZING THE OKLAHOMA WILDLIFE CONSERVATION COMMISSION TO ADOPT AND MANAGE A RETIREMENT SYSTEM PURSUANT TO 29 Ohio St. 3-306 [ 29-3-306 ] IS NOT AN ILLEGAL DELEGATION OF LEGISLATIVE POWER, AND DOES 'NOT' VIOLATE THE SEPARATION OF POWERS PRINCIPLES AS EMBODIED IN ARTICLE IV , SECTION 1 OF THE OKLAHOMA CONSTITUTION. (2) RETIREMENT BENEFITS, INCLUDING SPOUSAL BENEFITS, BECOME VESTED...
OPINION — AG — ** CANTEEN — DESTRUCTION OF PROPERTY — RIOT — PRISONERS ** (1) PURSUANT TO 57 Ohio St. 537 [ 57-537 ](A) MONIES DERIVED FROM THE OPERATION OF A PRISON CANTEEN MAY BE USED TO PAY EXPENSES INCURRED IN REPAIRING SUCH CANTEEN, WHERE THE CANTEEN HAS BEEN DAMAGED BY INMATES DURING A PRISON RIOT. (2) WHETHER PROFITS DERIVED FROM THE OPERATION OF A PRISON CANTEEN MAY BE USED TO PAY EXPENSES INCURRED IN REPAIRING DAMAGE TO A PRISON OTHER THAN THOSE TO THE CANTEEN WHICH WAS CAUSED BY AN...
OPINION — AG — ** MILITARY SECURITY GUARD — BASIC TRAINING — CERTIFICATION ** (1) MILITARY SECURITY GUARDS, APPOINTED PURSUANT TO 44 Ohio St. 230 [ 44-230 ], ARE PEACE OFFICERS, AS DEFINED IN 70 Ohio St. 3311 [ 70-3311 ](D)(5) AND ARE REQUIRED SATISFACTORILY TO COMPLETE BASIC POLICE TRAINING COURSE, OFFERED OR APPROVED BY THE COUNCIL ON LAW ENFORCEMENT EDUCATION AND TRAINING AS REQUIRED BY 70 Ohio St. 3311 [ 70-3311 ](D)(3). (2) MILITARY SECURITY GUARDS, APPOINTED PURSUANT TO 44 Ohio St. 230 [...
OPINION — AG — ** PUBLIC TRUSTS — INTERLOCAL AGREEMENTS ** (1) STATE BENEFICIARY PUBLIC TRUSTS CREATED UNDER THE PUBLIC TRUST ACT, 60 Ohio St. 176 [ 60-176 ] ARE " PUBLIC AGENCIES " AS DEFINED IN 74 Ohio St. 1003 [ 74-1003 ] AND MAY ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER PUBLIC TRUSTS AND PUBLIC AGENCIES FOR THE PURPOSE OF CARRYING OUT ANY ACTIVITIES WHICH ARE AUTHORIZED POWERS OF EACH GOVERNMENTAL ENTITY PURSUANT TO 74 Ohio St. 1004 [ 74-1004 ] (2) STATE BENEFICIARY PUBLIC TRUSTS CREATED...
OPINION — AG — ** OKLAHOMA HORSERACING COMMISSION — MORATORIUM ON LICENSE ** THE OKLAHOMA HORSE RACING COMMISSION DOES 'NOT' POSSESS THE POWER TO ESTABLISH A FIVE YEAR MORATORIUM, OR OTHER LENGTH MORATORIUM, ON THE LICENSING OF RACETRACK FACILITIES, BECAUSE THE ESTABLISHMENT OF SUCH A MORTORIUM WOULD BE CONTRARY TO THE DUTIES IMPOSED UPON THE COMMISSION IN THE OKLAHOMA HORSE RACING ACT, 3A O.S. 200 [ 3A-200 ] ET SEQ. (RULES AND REGULATIONS) CITE: 3A O.S. 200 [ 3A-200 ], 3A O.S. 205.1 [ 3A-205.1...
OPINION — AG — ** OKLAHOMA ORDNANCE WORKS — PUBLIC TRUSTS — STOCK ** THE OKLAHOMA ORDNANCE WORKS AUTHORITY, A STATE PUBLIC TRUST, MAY OWN THE CAPITAL STOCK OF A CORPORATION TO WHICH IT MAKES A LOAN AND OBTAIN OTHER TYPES OF EQUITY OWNERSHIP IN SUCH COMPANIES. OKLAHOMA CONSTITUTION ARTICLE X , SECTION 15 DOES 'NOT' APPLY TO THE OKLAHOMA ORDNANCE WORKS AUTHORITY BECAUSE ITS FUNDS ARE NOT GENERAL GOVERNMENTAL FUNDS OF THE STATE OF OKLAHOMA. TO THE EXTENT THAT THAT OPINION NO. 81-120 HOLDS THAT...
OPINION — AG — ** COUNTY PLANNING COMMISSION — REGULATE — OIL AND GAS DRILLING ** A COUNTY PLANNING COMMISSION CREATED PURSUANT TO 19 Ohio St. 865 .1 [ 19-865.1 ] TO 19 Ohio St. 865 .59 [ 19-865.59 ] HAS THE AUTHORITY TO ADOPT A PLAN WHICH ENCOMPASSES OIL AND GAS DEVELOPMENT PROPOSED WITHIN THE COMMISSION'S JURISDICTION. HOWEVER, BECAUSE THE COUNTY PLANNING COMMISSION HAS NO STATUTORY AUTHORITY TO ZONE, ANY PROPOSED OIL AND GAS ACTIVITY MUST BE PRESENTED TO THE COMMISSION ONLY FOR ITS...
OPINION — AG — ** DUAL OFFICE HOLDING — MUNICIPAL OFFICE — BOARD OF ADJUSTMENT — COUNTY ASSESSOR — CONTRACT SERVICES ** 51 Ohio St. 6 [ 51-6 ] PROSCRIBING DUAL OFFICE HOLDING, DOES 'NOT' PROHIBIT A MEMBER OF A MUNICIPAL BOARD OF ADJUSTMENT UNDER 11 Ohio St. 44-101 [ 11-44-101 ] ET SEQ. AS AMENDED FROM CONCURRENTLY SERVING AS AN APPRAISER APPOINTED BY THE COUNTY ASSESSOR UNDER THE AUTHORITY OF 68 Ohio St. 2481 .8 [ 68-2481.8 ] (DUAL OFFICE — APPRAISERS — CONTRACT EMPLOYEE) CITE: OPINION NO. 85-...
OPINION — AG — ** RURAL AMBULANCE SERVICE — OPEN MEETING — FINANCIAL AUDITS — LIABILITY ** (1) RURAL AMBULANCE SERVICE DISTRICTS, CREATED PURSUANT TO 19 Ohio St. 1201 [ 19-1201 ] ET SEQ., ARE "NOT" POLITICAL SUBDIVISIONS OR POLITICAL CORPORATIONS OF THE STATE AND ARE "NOT" SUBJECT TO CONSTITUTIONAL DEBT LIMITATIONS OF ARTICLE X, SECTION 26 THEREFORE, THEY ARE NOT PROHIBITED FROM BORROWING MONEY OR ENCUMBERING FUNDS FOR PURPOSES SET FORTH IN THE ACT NOT PROJECTED AS AVAILABLE DURING THE FISCAL...
OPINION — AG — ** CAMPAIGN FUNDS — EXPENDITURES — LAPSE TIME PERIOD ** THE PROVISIONS OF 26 Ohio St. 15-108 .1 [26-15-108.1](A) IMPOSE A FORTY-EIGHT(48) MONTH LIMITATION WITHIN WHICH THE CANDIDATE MUST SELECT, FROM AMONG THOSE LIMITED OPTIONS PROVIDED BY STATUTE, THE USE TO WHICH EXCESS CAMPAIGN CONTRIBUTIONS WILL BE PUT AND THAT THOSE OPTIONS MAY BE EXERCISED AT ANY TIME WITHIN THAT FORTY-EIGHT(48) MONTH PERIOD. (EXCESS CONTRIBUTIONS, DISPOSITIONS, CAMPAIGN FUNDS, CANDIDATES, EXPENDITURES)...
OPINION — AG — ** ACCOUNTANCY — LICENSE — SHAREHOLDERS ** (1) A SHAREHOLDER NO LONGER DULY LICENSED TO RENDER PROFESSIONAL SERVICES IS DISQUALIFIED FROM CONTINUED PARTICIPATION IN A PROFESSIONAL CORPORATION. THE SHARES MAY BE PURCHASED OR REDEEMED PURSUANT TO THE ARTICLES OF INCORPORATION, THE BY-LAWS, OR BY PRIVATE AGREEMENT. IN THE ABSENCE OF SUCH A PROVISION, THE PROFESSIONAL CORPORATION SHALL PURCHASE THE SHARES OF THE DISQUALIFIED SHAREHOLDER WITHIN NINETY (90) DAYS OF THE DISQUALIFICATION....
OPINION — AG — ** CONGRESSIONAL WAIVER OF TAXATION — AD VALOREM TAXATION — FARMERS HOME ADMINISTRATION ** IN VIEW OF THE CONGRESSIONAL WAIVER OF TAX IMMUNITY ON PROPERTY REPOSSESSED BY THE FARMERS HOME ADMINISTRATION AND NOT USED FOR ADMINISTRATIVE PURPOSES WHICH IS EMBODIED IN 42 U.S.C.A. 1490H AND IN VIEW OF THE FACT THAT THE OKLAHOMA ENABLING ACT, SECTION 3 OF ARTICLE I , SECTION 3 OKLAHOMA CONSTITUTION MERELY DECLARED AND DO NOT CREATE FEDERAL TAX IMMUNITY, THE STATE OF OKLAHOMA MUST TAX...
OPINION — AG — ** VETERAN PREFERENCE — MERIT SYSTEM — STATE OFFICE OF PERSONNEL ** IN THE EVENT REGISTERS ARE ESTABLISHED, THE VETERANS PREFERENCE PROVIDED FOR IN THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION, 74 Ohio St. 840 .15 [ 74-840.15 ], APPLIES TO PROMOTIONS FOR ELIGIBLE STATE EMPLOYEES IN COMPETITIVE AND NONCOMPETITIVE POSITIONS AS WELL AS TO THE INITIAL HIRING OF SUCH EMPLOYEES. (CLASSIFIED, UNCLASSIFIED, EXAMINATIONS, DISABLED VETERANS EMPLOYMENT ACT) CITE: 5 U.S.C.A. 2108 , 72 Ohio...
OPINION — AG — ** PUBLIC TRUST COMPACT — INTERLOCAL COOPERATIVE COMPACT — STATE FUNDS — STATE TREASURER ** (1) THE COMMERCE DEPARTMENT DIRECTOR 'MAY' SERVE AS THE ADMINISTRATOR OF THE "PUBLIC TRUST COMPACT" CREATED UNDER THE INTERLOCAL COOPERATIVE ACT ( 74 Ohio St. 1001 [ 74-1001 ] ET SEQ.) AND ENLIST THE SERVICES OF COMMERCE DEPARTMENT EMPLOYEES TO ASSIST HIM PURSUANT TO 74 Ohio St. 5004 [ 74-5004 ](E) (2) THE FUNDS OF PUBLIC TRUSTS FLOWING TO A COMPACT FORMED UNDER 74 Ohio St. 1001 [ 74-1001 ]...
OPINION — AG — ** SUBPOENA — COURT FUND — PAYMENT ** (1) BECAUSE IT IS NOT ENUMERATED IN 20 Ohio St. 1304 [ 20-1304 ](B) AND BECAUSE ITS PAYMENT FROM THE COURT FUND IS 'NOT' EXPRESSLY AUTHORIZED BY STATUTE, A FINANCIAL INSTITUTION'S COST OF DISCLOSING A CUSTOMER'S FINANCIAL RECORD MAY NOT PROPERLY BE PAID FROM THE COURT FUND. (2) BECAUSE SUCH EXPENSES RE NOT ENUMERATED IN 20 Ohio St. 1304 [ 20-1304 ](B) AND BECAUSE PAYMENT OF SUCH EXPENSES FROM THE COURT FUND IS NOT EXPRESSLY AUTHORIZED BY...
OPINION — AG — ** SCHOOL ATTENDANCE — DEPARTMENT OF EDUCATION — PURCHASING PRACTICES ** SECTIONS 14, 19, 23, 26, 27, 51 AND 55 THROUGH 65 OF ENROLLED SENATE BILL NO. 426 OF THE SECOND SESSION OF THE 40TH OKLAHOMA LEGISLATURE DO NOT VIOLATE THE OKLAHOMA CONSTITUTION AS THOSE SECTIONS ARE EACH LOGICAL AND NATURALLY CONNECTED TO THE SUBJECT OF THE SENATE BILL NO. 426 (ONE SUBJECT RULE, REAL PROPERTY ASSESSMENT, AD VALOREM, SCHOOLS, CONSTITUTIONALITY) CITE: 68 Ohio St. 2467 [ 68-2467 ], 70 Ohio St....
OPINION — AG — ** WELFARE BENEFITS — FEDERAL EMPLOYMENT RETIREMENT INCOME SECURITY ACT ** (1) WHERE EMPLOYEE WELFARE BENEFIT PLANS FORMULATED PURSUANT TO "ERISA" ARE NOT SELF FUNDED, BUT RATHER PURCHASE INSURANCE POLICIES, SUCH POLICIES ARE SUBJECT TO THE PROVISIONS OF 36 Ohio St. 3634 [ 36-3634 ], 36 Ohio St. 6057 [ 36-6057 ] [ 36-6057 ] AND 36 Ohio St. 6055 [ 36-6055 ], 36 Ohio St. 4508 [ 36-4508 ], BY VIRTUE OF SECTION 514(B)(2)(A) OF ERISA, WHICH PRESERVES STATE AUTHORITY TO REGULATE THE...
OPINION — AG — ** TAG AGENT — SCHOOL DISTRICT — DUAL CAPACITY ** A SCHOOL DISTRICT IS WITHOUT POWER TO ACT AS MOTOR VEHICLE LICENSE AGENT FOR THE REASON THAT SUCH POWER IS NOT EXPRESSLY GRANTED OR NECESSARILY IMPLIED FROM THE POWER EXPRESSLY GRANTED IN 70 Ohio St. 5-117 [ 70-5-117 ] . FURTHER, 47 Ohio St. 1102 [ 47-1102 ] DOES 'NOT' EXPAND THE AUTHORITY OF LOCAL SCHOOL DISTRICTS. RATHER, IT SIMPLY MAKES SCHOOL DISTRICTS SUBJECT TO THE THE GENERAL PROVISIONS OF THE OKLAHOMA VEHICLE LICENSE AND...
