OPINION — AG — THE PROVISIONS OF 59 Ohio St. 1965 Supp., 1301 [ 59-1301 ] ET SEQ., ARE APPLICABLE TO BAIL BONDSMEN OPERATING IN THE MUNICIPAL COURT OF THE CITY OF TULSA, PROVIDED OF COURSE THE PARTICULAR CRIME UPON WHICH A BOND IS MADE IS ONE THE PUNISHMENT FOR WHICH MAY BE IN EXCESS OF TWENTY DOLLARS AND/OR IMPRISONMENT FOR MORE THAN TWENTY DAYS. CITE: OPINION NO. 65-475 (CHARLES OWENS)
** PUBLIC TRUSTS — CONSTRUCTION — LIABILITY — PUBLIC BODY ** THE EMPLOYMENT OF WORKERS ON THE CONSTRUCTION OF AN INDUSTRIAL TRUST OF BUILDINGS TO BE USED FOR PRIVATE COMMERCIAL PURPOSES WHERE A MUNICIPALITY IS THE BENEFICIARY OF THE TRUST AND WHERE THE CONSTRUCTION IS FINANCED IN PART OR WHOLE BY THE OKLAHOMA INDUSTRIAL FINANCE AUTHORITY WOULD CONSTITUTE EMPLOYMENT ON BEHALF OF A PUBLIC BODY ENGAGED IN PUBLIC WORKS WITHIN THE SCOPE OF 40 Ohio St. 196 .1 [ 40-196.1 ] — 40 Ohio St. 196 .15 [40-...
** VACATION — COUNTY EMPLOYEES ** THE HEAD OF A DEPARTMENT OF COUNTY GOVERNMENT 'MAY' GRANT REASONABLE VACATIONS WITH PAY TO THE OFFICERS AND EMPLOYEES OF HIS DEPARTMENT. (PAID VACATIONS, COUNTY EMPLOYEES, AUTHORITY, "VACATION LEAVE") CITE: 74 Ohio St. 703 [ 74-703 ], 74 Ohio St. 708 [ 74-708 ], OPINION NO. JULY 28, 1945 — GENTRY, OPINION NO. AUGUST 11, 1954 — LACKEY (CHARLES L. OWENS)
** FEES — OSTEOPATHIC EXAMINERS — REGISTRATION FEE ** THE REASONING AND AUTHORITIES OF THE A.G. OPINION NO. 66-337 APPLY AND ARE CONTROLLING. THEREFORE, THAT PART OF 59 Ohio St. 643 [ 59-643 ] INVOLVED THEREIN IS UNCONSTITUTIONAL. (EDUCATION PROGRAMS, FUNDING) (BRIAN H. UPP)
** CHILDREN — BUS RIDERS — LIABILITY ** (1) INSURANCE PURCHASED BY SCHOOL DISTRICT UNDER THE PROVISIONS OF 11 Ohio St. 16 .1 [11-16.1] WOULD PROTECT SCHOOL CHILDREN RIDING ON A SCHOOL BUS IF INJURED TO SUCH CHILDREN ARE PROXIMATELY CAUSED BY THE NEGLIGENT OPERATION OF THE SCHOOL BUS. (2) THE DRIVER OF A SCHOOL BUS COULD BE MADE A PARTY DEFENDANT AND HELD LIABLE FOR HIS OWN NEGLIGENCE IN A COURT OF LAW WHETHER OR NOT THE SCHOOL DISTRICT COULD BE LIABLE BECAUSE OF ITS SOVEREIGN IMMUNITY FROM SUIT...
** JURORS — MEALS — LODGING — EXPENSES ** (1) WHERE JURORS ARE EXCUSED AND NOT KEPT TOGETHER IN CIVIL AND CRIMINAL TRIALS IN THE DISTRICT COURT, SUPERIOR COURT OR COUNTY COURT, MAY THE EXPENSE FOR THEIR MEALS BE PAID FROM THE COURT FUND — NEGATIVE (2) WHERE JURORS ARE KEPT TOGETHER IN CIVIL AND CRIMINAL CASES IN THE DISTRICT, SUPERIOR OR COUNTY COURT, MAY THE EXPENSE FOR THEIR MEALS AND LODGING BE PAID FROM THE COURT FUND — AFFIRMATIVE (3) IN THE INSTANCE ABOVE MENTIONED, MAY THE EXPENSE OF...
** ESTIMATE OF NEEDS — STATE BOARD OF EQUALIZATION ** QUESTION(1): DID THE STATE BOARD OF EQUALIZATION MAKE AND FILE A VALID ITEMIZED ESTIMATE OF THE REVENUES TO BE RECEIVED BY THE STATE UNDER THE AUTHORITY UNDER THE EXISTING LAWS FOR FISCAL YEAR 1967-1968 ANSWER(1): AFFIRMATIVE QUESTION(2): DID THE STATE BOARD OF EQUALIZATION MAKE AND SHOW SEPARATELY AN ITEMIZED ESTIMATE OF REVENUES TO ACCRUE TO THE CREDIT OF THE GENERAL REVENUE FUND FOR 1967- 1968 ANSWER(2): NEGATIVE, THE DETAILED AND...
OPINION — AG — VACATION LEAVE TAKEN AT THE END OF AN EMPLOYEE'S EMPLOYMENT DOES NOT ADVANCE THE TERMINATION DATE OF HIS EMPLOYMENT SINCE THE LAST DAY ACTUALLY WORKED ON THE JOB IS NOT THE LAST DAY OF THE EMPLOYMENT STATUS. THE DATE OF EMPLOYMENT TERMINATION FOR RETIREMENT PURPOSES WOULD BE THE LAST DAY OF VACATION LEAVE EVEN THOUGH COMPENSATION FOR SUCH MAY HAVE BEEN PAID IN ADVANCE THEREOF. WE EXPRESS NO OPINION REGARDING THE PRACTICE OF ADVANCED PAYMENT OF ACCRUED VACATION LEAVE DESCRIBED...
OPINION — AG — THE ATTORNEY GENERAL APPLIES THAT FAMILIAR RULE THAT PUBLIC OFFICERS HAVE ONLY SUCH AUTHORITY AS IS CONFERRED UPON THEM BY LAW, AND SUCH AUTHORITY MUST BE EXERCISE IN THE MANNER PRESCRIBED BY LAW, BROWN V. STATE ELECTION BOARD, OKL. 369 P.2d 140 , AND IN ANSWER TO YOUR QUESTION ADVISES YOU THAT THERE IS NO STATUTE THAT GIVES YOU A DUTY OR AUTHORITY TO COMMENCE AN ACTION TO TERMINATE A PARENT'S PARENTAL RIGHTS TO HIS CHILD. CITE: 10 Ohio St. 1961 105 [ 10-105 ], 10 Ohio St. 1961...
OPINION — AG — (1) THE OFFICES OF COUNTY ATTORNEY IN THE COUNTIES COMPRISING DISTRICT ATTORNEY DISTRICT ONE AND DISTRICT THREE WERE ABLOISHED ON JANUARY 3, 1967 (2) ANY ELECTIVE OR APPOINTIVE OFFICER, PROPERLY QUALIFIED AND SERVING, IS SUCH AN OFFICER UNTIL REMOVED OR THE OFFICE BECOME VACANT BY OPERATION OF LAW. 67 C.J.S., OFFICERS SECTION 46. FURTHER, THE SALARY OF AN OFFICIAL POSITION BELONGS TO THE OFFICER OCCUPYING SUCH POSITION AS AN INCIDENT TO THE OFFICE AND DOES NOT DEPEND UPON HIS...
OPINION — AG — QUESTION: "IS THE TAX EXEMPTION ALLOWED `MORRIS PLAN COMPANIES' IN 68 Ohio St. 1965 Supp., 2503 [ 68-2503 ](D) CONSTITUTIONAL " — AFFIRMATIVE KEY WORDS: STATE AND NATIONAL BANKS, INTANGIBLE PROPERTY, ACCORDING TO NET INCOME CITE: ARTICLE V, SECTION 50, ARTICLE X, SECTION 12, 68 Ohio St. 1965 Supp., 2502 [ 68-2502 ] (BRIAN UPP) ** SEE: OPINION NO. 68-106 (1968) ** ** SEE: OPINION NO. 68-208 (1968) **
OPINION — AG — MEASURES PASSED WITHOUT THE EMERGENCY CLAUSE AS PROVIDED IN ARTICLE V , SECTION 58 OF THE OKLAHOMA CONSTITUTION WILL TAKE EFFECT NINETY (90) DAYS AFTER THE ADJOURNMENT SINE DIE OF THE FIRST SESSION OF THE 31ST LEGISLATURE PROVIDED THEY HAVE BEEN OTHERWISE PROPERLY ENACTED. CITE: ARTICLE VI, SECTION 11 , ARTICLE V, SECTION 27, OPINION NO. 67-124 (BRIAN UPP) ** SEE: OPINION NO. 77-212 (1977) **
OPINION — AG — (1) SINCE SCHOOL DISTRICT EMPLOYEES ENGAGED IN HAZARDOUS OCCUPATIONS ARE NOW COVERED UNDER THE WORKMENS COMPENSATION ACT IN 85 Ohio St. 1967 Supp., 2 [ 85-2 ], THE TEST OF WHETHER A PERSON IS EMPLOYED IN A HAZARDOUS JOB IS WITHIN A SCHOOL DISTRICT IS GOVERNED BY 85 Ohio St. 1961 3 [ 85-3 ], WHICH DEFINES HAZARDOUS EMPLOYMENT. (2) SCHOOL DISTRICTS ARE NOT REQUIRED, NOR MAY THEY PURCHASE INSURANCE COVERAGE FROM THE STATE INSURANCE FUND. IT IS PERMISSIBLE FOR A SCHOOL DISTRICT TO...
OPINION — AG — THE SURPLUS OF INCOME AND REVENUES IN EXCESS OF THE AMOUNT NECESSARY TO PAY PRINCIPLE AND INTEREST ON BONDS ISSUED PURSUANT TO 70 Ohio St. 1961 1581.1-158.11 [ 70-1581.1 ] — [70-158.11] ( 70 Ohio St. 1965 Supp., 4001-4013 [ 70-4001 ] — [ 70-4013 ]) MAY NOT BE LAWFULLY DEPOSITED INTO THE COLLEGE REVOLVING FUND AND USED IN GENERAL SUPPORT OF THE COLLEGE. CITE: 70 Ohio St. 1965 Supp., 4007 [ 70-4007 ], 70 Ohio St. 1961 1581.6 [ 70-1581.6 ] (SAM HELLMAN)
OPINION — AG — QUESTION: "MUST THE STATE COMPLY WITH ANY MUNICIPAL OR LOCAL ORDINANCES GOVERNING ZONING AND OCCUPANCY PERMITS UPON THE PURCHASE OF PROPERTY BY THE STATE BOARD OF AFFAIRS TO BE USED BY EASTERN STATE HOSPITAL " — THE STATE IS NOT BOUND. CITE: 11 Ohio St. 1961 401 [11-401], OPINION NO. 65-428, 43A O.S. 1961 33 [ 43A-33 ], 43A O.S. 1961 11 [ 43A-11 ] (CHARLES OWENS)
OPINION — AG — WE FIND NO PROVISION IN EITHER THE CONSTITUTION OF THE UNITED STATES NOR THE OKLAHOMA CONSTITUTION THAT WOULD CAUSE THIS REQUIREMENT TO BE DEEMED UNCONSTITUTIONAL. IT IS THEREFORE THE OPINION OF THE ATTORNEY GENERAL THAT THE ANSWER TO YOUR QUESTION IS THAT THE REQUIREMENT OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE DOES NOT VIOLATE THE CONSTITUTION OF THE UNITED STATES NOR THE OKLAHOMA CONSTITUTION. (DALE CROWDER)
OPINION — AG — THE INDUSTRIAL DEVELOPMENT AND PARK DEPARTMENT, ACTING ON BEHALF OF THE STATE OF OKLAHOMA, CAN LEGALLY AGREE TO A TEMPORARY MODIFICATION DURING AN INTERM OPERATION IF THE AVAILABILITY OF AN OPEN MARINA, FISHING DOCK, AND STABLE WOULD INCREASE AND MAINTAIN THE ANTICIPATED INCOME FOR THE LODGE AND CABINS IN THIS PARK SO AS TO OFFSET, OR BE AT LEAST EQUIVALENT TO, OR SUBSTANTIALLY THE SAME AS, LOSS OF RENTALS TO THE STATE DURING THE INTERIM PERIOD SUCH RECREATIONAL FACILITIES WOULD...
OPINION — AG — THE ATTORNEY GENERAL HAS CONSIDERED YOUR REQUEST OF MAY 15, 1967, WHEREIN IN THE PROPRIETY OF PAYMENT OF CERTAIN CLAIMS FOR OIL AND GAS PRODUCTS FURNISHED TO ROGER MILLS COUNTY ARE IN QUESTION. QUESTION: "MAY THE PRESENT COUNTY COMMISSIONERS, AT THIS TIME APPROVE THE CLAIM FOR PRODUCTS DELIVERED DURING THE YEAR OF 1965 AND 1966 — AFFIRMATIVE CITE: 62 Ohio St. 1951 310.4 [ 62-310.4 ] 62 Ohio St. 1961 310.4 [ 62-310.4 ] (BRIAN UPP)
OPINION — AG — YOU (INDUSTRIAL DEVELOPMENT AND PARK DEPARTMENT) HAVE THE AUTHORITY TO PURCHASE INSURANCE ON SUCH STRUCTURES UNDER THE GENERAL APPROPRIATION OF HOUSE BILL NO. 88155, 30TH LEGISLATURE, SECTION 1, DIVISION OF PARKS, RECREATION AND WATERWAYS. CITE: 74 Ohio St. 1961 351 [ 74-351 ], 74 Ohio St. 1965 Supp., 1105 [ 74-1105 ], 74 Ohio St. 1965 Supp., 1108 [ 74-1108 ], 74 Ohio St. 1965 Supp., 1112 [ 74-1112 ], 74 Ohio St. 1961 356.2 [ 74-356.2 ] (ROBERT MCCHESNEY)
OPINION — AG — KEY WORDS: APPOINTMENT OR ELECTION, COUNTY OR MUNICIPAL, BOARD, COMMISSION, DUTY TO EXPEND PUBLIC FUNDS RECEIVED BY REASON OF THE AD VALOREM TAX LEVY, BOARD OR COMMISSION HAS JURISDICTION ANSWER: THE PROPOSED BILL ENCLOSED FOR OUR CONSIDERATION, IF ENACTED, WOULD NOT BE CONTRARY TO ANY PROVISION OF THE OKLAHOMA CONSTITUTION, ALTHOUGH ITS PRESENT WORDING LENDS ITSELF TO A DEGREE OF CONFUSION AND MISUNDERSTANDING. CITE: ARTICLE XVII, SECTION 2 (PENN LERBLANCE)
