OPINION — AG — ** HOUSING AUTHORITIES — PUBLIC UTILITIES — TAXATION — FRANCHISE TAX ** 63 Ohio St. 1066 [ 63-1066 ] DOES 'NOT' EXEMPT A PUBLIC HOUSING AUTHORITY FROM THE PAYMENT OF A FRANCHISE FEE LEVIED UPON AN ELECTRIC PUBLIC UTILITY BUT PASSED ON TO THE HOUSING AUTHORITY IN ITS UTILITY. CITE: 63 Ohio St. 1051 [ 63-1051 ], 63 Ohio St. 1081 [ 63-1081 ], 68 Ohio St. 2601 [ 68-2601 ] [ 68-2601 ], 68 Ohio St. 2602 [ 68-2602 ], OPINION NO. 79-319, OPINION NO. 81-077, OPINION NO. 83-020, ARTICLE X,...
OPINION — AG — ** DRUGS — PRESCRIPTION — DEPARTMENT OF HUMAN SERVICES ** (1) UNDER THE MEDICAID VENDOR DRUG PROGRAM ESTABLISHED PURSUANT TO 56 Ohio St. 204 [ 56-204 ] THE DEPARTMENT OF HUMAN SERVICES IS THE PURCHASER OF PRESCRIPTION DRUGS WITHIN THE MEANING OF 59 Ohio St. 353 .1 [ 59-353.1 ] (2) SUBSTITUTION OF BRAND NAME PRESCRIPTIONS (GENERIC) WITH THERAPEUTICALLY EQUIVALENT GENERIC PRESCRIPTION DRUGS IS NOT UNLAWFUL PURSUANT TO 59 Ohio St. 353 .1 [ 59-353.1 ] WHERE SUCH SUBSTITUTION IS MADE...
OPINION — AG — ** RURAL WATER DISTRICTS — PLEDGE ASSETS — BANKS ** UNDER 6 Ohio St. 809 [ 6-809 ], A STATE BANK MAY 'NOT' PLEDGE ITS ASSETS AS COLLATERIAL TO SECURE THE DEPOSITS OF A RURAL WATER DISTRICTS, WHETHER OR NOT THE AMOUNT OF THE DEPOSIT EXCEEDS THE AMOUNT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, BECAUSE NONE OF THE EXCEPTIONS UNDER 6 Ohio St. 411 [ 6-411 ] APPLY TO A RURAL WATER DISTRICTS. (POLITICAL SUBDIVISION, UNIT COLLATERAL SYSTEM, SECURING DEPOSITS) CITE: OPINION NO....
OPINION — AG — ** SALES TAX — COUNTY — REMIT — VOTERS ** 68 Ohio St. 1370 [ 68-1370 ](C) PROHIBITS THE LEVY, COLLECTION, AND USE OF ANY COUNTY SALES TAX BY A BOARD OF COUNTY COMMISSIONERS EXCEPT WHEN THE TAX IS FOR A PARTICULAR PURPOSE RELATED TO THE CLASS OF VALID PURPOSES ENUMERATED BY THE LEGISLATURE IN 68 Ohio St. 1370 [ 68-1370 ](C) . AN ATTEMPT BY A COUNTY TO REMIT DIRECTLY TO A MUNICIPALITY A PORTION OF THE PROCEEDS OF A COUNTY SALES TAX SO AS TO RECEIVE THE SUPPORT OF THE VOTERS IN THAT...
** PORK BARREL APPROPRIATIONS — LAWFUL EXPENDITURES OF PUBLIC FUNDS — SEPARATION OF POWERS ** (1) INDIVIDUAL MEMBERS OF THE LEGISLATURE HAVE 'NO' AUTHORITY TO DETERMINE, THROUGH INFORMAL UNDERSTANDINGS OR OTHERWISE, THAT AGENCY FUNDS MUST BE USED FOR SPECIFIC SO CALLED SPECIAL PROJECTS TO THE EXCLUSION OF OTHERS. THEREFORE, IT FOLLOWS THAT ANY INFORMAL AGREEMENTS AMONG LEGISLATORS OR AGENCY'S DISCRETION IN THE EXPENDITURE OF PROPERLY APPROPRIATED FUNDS ARE VOID AND UNENFORCEABLE. AGENCIES, MUST,...
OPINION — AG — ** RETIREMENT — VESTED BENEFITS ** THOSE MEMBERS OF THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM WHO BECAME MEMBERS OF THE SYSTEM PRIOR TO JULY 1, 1980, WHO ELECTED A VESTED BENEFIT, TERMINATED THEIR EMPLOYMENT PRIOR TO THE EFFECTIVE DATE OF 47 Ohio St. 2-300 [ 47-2-300 ] AND WERE NOT YET RECEIVING A BENEFIT AT THE TIME OF THE AMENDMENT, WILL HAVE THEIR NORMAL RETIREMENT DATE COMPUTED ACCORDING TO THE STATUTE AS AMENDED AND NOT THE STATUTE THAT EXISTED AT THE TIME THEY...
OPINION — AG —** INSURANCE BOARD — CONFLICT OF INTEREST — POLICY HOLDER — MEMBERSHIP ** A MEMBER OF THE BOARD OF MANAGERS OF THE STATE INSURANCE FUND, APPOINTED PURSUANT TO 85 Ohio St. 131A [ 85-131A ] WHO IS A HEALING ARTS PRACTITIONER MAY RENDER SERVICE TO A PATIENT WHOSE EMPLOYER IS A POLICYHOLDER OF THE STATE INSURANCE FUND SO LONG AS SUCH SERVICE DOES NOT CREATE A CONFLICT OF INTEREST FOR THE MEMBER. WHETHER SUCH A CONFLICT EXIST IS A QUESTION OF FACT NOT ANSWERABLE IN AN OPINION. (HUGH...
OPINION — AG — ** SMOKING — MUNICIPAL RULE — POLICY ** A HOME RULE CHARTERED MUNICIPALITY MAY, PURSUANT TO APPROPRIATE CHARTER PROVISIONS, ENACT ORDINANCE REGULATING SMOKING IN PUBLIC PLACES. HOWEVER, UNDER THE CLEAR LANGUAGE OF 63 Ohio St. 1-1521 [ 63-1-1521 ] ET SEQ., THE LEGISLATURE PREEMPTED MUNICIPALITY REGULATIONS AND STANDARDIZED LOCAL LAWS DEALING WITH SMOKING IN PUBLIC PLACES. THEREFORE, A CHARTERED MUNICIPALITY MAY NOT ENACT REGULATIONS OF A MORE STRINGENT NATURE THAN THE STATUTORY...
OPINION — AG — ** CONFLICT OF INTEREST — LEGISLATORS — STATE BANK ** (1) THE FACT THAT MONEYS, APPROPRIATED BY THE STATE OF OKLAHOMA TO AN ENTITY OF STATE GOVERNMENT, ARE DEPOSITED WITHIN AN OKLAHOMA BANK, DOES 'NOT' REPRESENT A CONFLICT OF INTEREST UNDER ARTICLE V , SECTION 23 OF THE OKLAHOMA CONSTITUTION WHERE THE MONEYS ARE DEPOSITED IN THE BANK BY THE STATE TREASURER AND/OR THE STATE DEPOSITORY BOARD PURSUANT TO 62 Ohio St. 71 [ 62-71 ] AND NEITHER THE LEGISLATURE NOR THE ENTITY OF STATE...
OPINION — AG ** APPOINTMENT — VACANCY — APPROVAL OF SENATE ** (1-A) WHERE THE EXECUTIVE DIRECTOR OF THE OKLAHOMA ETHICS COMMISSION RESIGNED EFFECTIVE TWO MONTHS BEFORE THE END OF CONST. ARTICLE VI, SECTION 13 AND 51 Ohio St. 10 [ 51-10 ](A) THE GOVERNOR HAS THE POWER AND DUTY TO FILL SUCH VACANCY. (1-B) WHERE, UNDER THE ARTICLE VI, SECTION 13 AND 51 Ohio St. 10 [ 51-10 ](A), THE GOVERNOR FILLS A VACANCY IN THE OFFICE OF EXECUTIVE DIRECTOR OF THE OKLAHOMA ETHICS COMMISSION, THE ADVICE AND...
OPINION — AG — ** PUBLIC FUNDS — PREMIUMS — FIRE AND CASUALTY — SCHOOL DISTRICT ** 70 Ohio St. 1-118 [ 70-1-118 ] PERMITS THE USE OF A LOCAL SCHOOL DISTRICT'S BUILDING FUND MONIES TO PAY THE PREMIUMS FOR FIRE AND CASUALTY INSURANCE FOR THE SCHOOL DISTRICT'S BUILDINGS. (EDUCATION, INSURANCE, BUILDING FUND, CASUALTY INSURANCE) CITE: ARTICLE X, SECTION 10, 70 Ohio St. 1-118 [ 70-1-118 ], 70 Ohio St. 7-106 [ 70-7-106 ] 19 Ohio St. 627 [ 19-627 ] (NED BASTOW) === SEE OPINION NO. 88-017 (1989)
OPINION — AG — ** FOREIGN FLAGS — STATE BUILDINGS — DISPLAY ** SINCE THE CONFEDERACY WAS NEVER LEGALLY RECOGNIZED AS A SEPARATE AND INDEPENDENT NATION, A CONFEDERATE FLAG MAY 'NOT' BE PLACED, HOISTED, RAISED OR DISPLAYED UPON OR OVER ANY PUBLICLY OWNED, TAX SUPPORTED PROPERTY, OR PREMISES IN THE STATE AS A FLAG OF ANY NATION FORMERLY HAVING DOMINION OVER THE LAND NOW COMPRISING THE STATE OF OKLAHOMA, OR ANY PORTION OF SAID LAND, PURSUANT TO THE PROVISIONS OF 21 Ohio St. 375 [ 21-375 ]. HOWEVER,...
OPINION — AG — ** PUBLIC TRUST — HORSE RACING — COUNTY ** (1) 3A O.S. 205.6[ 3A-205.6 ] WOULD ONLY PROHIBIT A COUNTY PUBLIC TRUST FROM FINANCING PARI MUTUEL HORSE RACING FACILITIES PURSUANT TO 62 O.S. OF THE OKLAHOMA STATUTES WHICH INCLUDES THE LOCAL INDUSTRIES DEVELOPMENT ACT. 62 Ohio St. 651 [ 62-651 ] ET SEQ. 62 Ohio St. 205 .6[62-205.6] DOES 'NOT' PRECLUDE SUCH FINANCING UNDER 60 Ohio St. 176 [ 60-176 ] (2) THE OPERATION OF A PARI MUTUEL HORSE RACING FACILITY BY A COUNTY PUBLIC TRUST IS AN...
OPINION — AG — ** SCHOOL DISTRICT — COLLECTIVE BARGAINING — TEACHERS — REPRESENTATIONS ** (1) A LOCAL SCHOOL DISTRICT WHICH ENGAGES IN COLLECTIVE BARGAINING WITH ITS EMPLOYEES PURSUANT TO 70 Ohio St. 509 .1 [ 70-509.1 ] ET SEQ., AS AMENDED, MAY 'NOT' GRANT GREATER, OR LESSER, SALARY AND/OR OTHER BENEFITS TO THOSE EMPLOYEES WHO CHOOSE NOT TO BE REPRESENTED BY THE DULY AUTHORIZED COLLECTIVE BARGAINING AGENT. (2) THE DULY AUTHORIZED COLLECTIVE BARGAINING AGENT REFERRED TO IN QUESTION ONE ABOVE IS...
OPINION — AG — ** CONFLICT OF INTEREST — STATE EMPLOYEES — TRAVEL EXPENSES ** (1) ADOPTION BY THE PEOPLE OF STATE QUESTION NO. 466 — AMENDING ARTICLE XV, SECTION 1 CONSTITUTES A REVISION OF THE WHOLE SUBJECT MATTER OF THE FORM OF OATHS OF OFFICE FOR ALL PUBLIC OFFICERS AND THUS SUPERCEDES 51 Ohio St. 2 [ 51-2 ] (2) AMENDED ARTICLE XV, SECTION 1 MODIFIES 51 Ohio St. 2 [ 51-2 ] TO ELIMINATE CERTAIN LANGUAGE IN 51 Ohio St. 2 [ 51-2 ] INCLUDING THE FOLLOWING LANGUAGE RELEVANT TO HIS QUESTION: "NOT...
OPINION — AG — ** OBLIGATION BONDS — TAX LEVY — PAYMENT ** TO THE EXTENT THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT ACT FOUND AT 11 Ohio St. 40-101 [ 11-40-101 ] PURPORTS TO AUTHORIZE MUNICIPALITIES TO ISSUE "SPECIAL OBLIGATION BONDS" WHICH ARE A SPECIES OF REVENUE BONDS IT IS UNCONSTITUTIONAL AS ARTICLE X, SECTION 26, ARTICLE X, SECTION 27 PROVIDE THE SOLE AND EXCLUSIVE METHOD FOR MUNICIPALITIES TO INCUR DEBT. THESE SECTIONS OF THE CONSTITUTION ONLY AUTHORIZE MUNICIPALITIES TO INCUR GENERAL...
OPINION — AG — ** CHIROPRACTIC — HEALTH MAINTENANCE ORGANIZATIONS ** UNDER THE PROVISIONS OF 63 Ohio St. 2501 [ 63-2501 ] ET SEQ., AS AMENDED, A HEALTH MAINTENANCE ORGANIZATION ("HMO") SHALL PROVIDE CHIROPRACTIC SERVICES TO ENROLLEES WHO HAVE BECOME SUBSCRIBERS TO THE HMO PURSUANT TO A CONTRACT ENTITLING EACH ENROLLEE TO COMPREHENSIVE HEALTH MAINTENANCE SERVICES, BUT WHETHER THE ENROLLEE ACTUALLY RECEIVES CHIROPRACTIC SERVICES IS DEPENDENT ON THE ENROLLEE'S COMPLIANCE WITH THE SPECIFIC TERMS...
OPINION — AG — ** AERONAUTICS COMMISSION — AIRCRAFT REGISTRATION FEES — LIEU OF AD VALOREM ** 3 Ohio St. 256 [ 3-256 ](B) DOES 'NOT' VIOLATE ARTICLE X , SECTION 9(A) OF THE OKLAHOMA CONSTITUTION BY TRANSFERRING NINETY SEVEN PERCENT (97%) OF THE FUNDS GENERATED BY AIRCRAFT REGISTRATION FEES AND TAXES, WHICH ARE GENERATED BY AIRCRAFT REGISTRATION FEES AND TAXES, WHICH ARE IMPOSED PURSUANT TO AIRCRAFT REGISTRATION STATUTES, 3 Ohio St. 251 [ 3-251 ] — 3 Ohio St. 257 [ 3-257 ] AS AMENDED, TO THE...
OPINION — AG — ** BOARD OF REGENTS — TEACHERS' RETIREMENT — ENHANCED RETIREMENT ** THE BOARD OF REGENTS OF OKLAHOMA COLLEGES MAY LEGALLY AUTHORIZE PAYMENT OF THE ADDITIONAL CONTRIBUTION REQUIRED BY SECTION 172 OF HOUSE BILL NO. 1473 (1987) FOR AND ON BEHALF OF AN EMPLOYEE WHO IS AN ACTIVE MEMBER OF THE TEACHERS' RETIREMENT SYSTEM AND ELECTS TO TAKE ADVANTAGE OF ENHANCED RETIREMENT BENEFITS BY RETIRING BETWEEN JULY 1, 1987 AND JANUARY 1, 1988 ("CONTRIBUTION") CITE: 70 Ohio St. 17-101 [ 70-17-101...
OPINION — AG — ** NEPOTISM — SCHOOL BOARD — TEACHER — NOT PAID OUT OF PUBLIC FUNDS ** PURSUANT TO THE LEGISLATIVE MANDATE OF 70 Ohio St. 5-113 .1 [ 70-5-113.1 ] A SCHOOL BOARD MAY 'NOT' EMPLOY A PERSON TO TEACH A COURSE IN A LOCAL SCHOOL WHO IS RELATED TO A BOARD MEMBER WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY, EVEN THOUGH SUCH PERSON'S SALARY IS BEING PAID BY THE PARENTS OF PUPILS ENROLLED IN THE CLASS RATHER THAN WITH PUBLIC FUNDS OF THE LOCAL SCHOOL DISTRICT. CITE: 21 Ohio St....
