** OKLAHOMA EDUCATIONAL TELEVISION AUTHORITY — ISSUANCE OF BONDS PAYABLE FROM PUBLIC BUILDING ** THE OKLAHOMA EDUCATIONAL TELEVISION AUTHORITY MAY ISSUE BONDS PAYABLE FROM THE FUNDS ON HAND IN THE PUBLIC BUILDING FUND WHICH ARE NOT OTHERWISE APPROPRIATED, BUT MAY NOT ISSUE BONDS PAYABLE FROM FUTURE FUNDS OF THE PUBLIC BUILDING FUND UNTIL SUCH TIME AS ITS FUNDS ARE ON HAND. CITE: NO STATUTES CITED. 70 Ohio St. 23-111 [ 70-23-111 ] (GARY M. BUSH)
EFFECTIVENESS OF SCHOOL LEGISLATION Section 24-124 and/or Section 24-127 of House Bill 1155, First Session, 33rd Legislature, supersedes and accordingly repeals any conflicting provision of Senate Bill 131 as passed by the same Oklahoma Legislature. The Attorney General has considered your opinion request wherein you ask the following: "I would like to request an official opinion as to the effect of section 24 — 124 and/or section 24 — 127 of HB 1155 of the First Session of the 33rd Oklahoma...
AUTHORIZED COURT FUND EXPENDITURES Funds from the court fund cannot be used to pay for part of the expense of repairs of the elevator which is used to haul prisoners from the jail to the courtroom. The Attorney General has considered your request for an opinion wherein you, in effect, ask the following question: "Can funds from the court fund be used to pay for part of the expense of repairs on the elevator which is used, among other things, to haul prisoners from the jail to the courtroom "...
CORPORATE NAME — ENGINEERING TERM The use of engineering terms in the purpose clauses of incorporation, by itself, does not constitute an offer to practice engineering for others, requiring registration under Title 59 Ohio St. 475 [59-475] (1970). The Attorney General has considered your request for an opinion on the following question raised in your letter of November 15, 1971: "Does the use of engineering terms in the purpose clauses of a corporation, by itself, constitute an offer to...
HOUSING AUTHORITIES — CREATION There is no requirement for a formal review by the Attorney General to validate and review the documents creating the respective housing authorities. The Attorney General has considered your request for an opinion on the question raised in your letter of November 12, 1971, wherein you asked the following question: "Do Federally recognized Indian tribes, towns, nations or bands that establish Indian Housing Authorities pursuant to Title 63 Ohio St. 1057 [ 63-1057 ]...
TURNPIKE AUTHORITY — ACQUISITION OF LAND The Oklahoma Turnpike Authority is subject to the terms of 27 Ohio St. 9 [ 27-9 ] — 27 Ohio St. 15 [ 27-15 ] (1971), prescribing policy for the acquisition and condemnation of land by the State, and that the provisions of 69 Ohio St. 1707 [ 69-1707 ] and 69 Ohio St. 1708 [ 69-1708 ] (1971) are effective insofar as they are not in conflict with or contradictory to the terms of 27 Ohio St. 9 -15 [27-9-15]. The Attorney General has considered your request...
FIREMEN AND POLICEMEN BARGAINING AGENT A city does not have the right to establish standards and procedures for the selection of the bargaining agent for firefighters or policemen under the "Firefighters' and Policemen's Arbitration Law". Corporate authorities must recognize a bargaining agent selected by a majority of the permanent paid firefighters or policemen employed in the city, town or municipality, unless and until recognition of such bargaining agent is withdrawn by a vote of the...
DATA PROCESSING PLANNING DIRECTOR The Board of Affairs may designate the Director of the Division of Data Processing Planning to be responsible for the acquisition of data processing equipment used by State agencies, except by those agencies which may be specifically exempt. The Attorney General has considered your request for an opinion wherein you have, in effect, asked the following question in your letter of November 3, 1971: "Can the Board of Affairs designate the Director of the Division...
VOTER FRANCHISE — EXTENDING Although Article X , Section 9 (d-1) of the Oklahoma Constitution, which restricts the voter franchise to ad valorem tax-paying voters, is not directly invalidated by the recent United States Supreme Court decisions, an election under that section might be defeated in an election contest. However, if such an election were to pass without contest, it would be valid. On the other hand, an election granting the franchise to all qualified voters would have no validity...
BOARD OF EDUCATION DEFINED The "board of education", referred to in Section 101 (Section 6 222, H.B. 1155, 1971 Legislature) of the 1971 School Code (the last grammatical paragraph thereof) means the local board of education of the school district concerned and not the State Board of Education. The Attorney General has considered your opinion request wherein you set out the following: "A portion of Section 101 of the 1971 School Laws of Oklahoma reads as follows: " '. . . A finding that a...
OPINION — AG — **** BOARD OF EDUCATION DEFINED **** THE "BOARD OF EDUCATION" REFERRED TO IN SECTION 101 (SECTION 6-222, H.B. 1155, 1971 LEGISLATURE) OF THE 1971 SCHOOL CODE (THE LAST GRAMMATICAL PARAGRAPH THEREOF) MEANS THE LOCAL BOARD OF EDUCATION OF THE SCHOOL DISTRICT CONCERNED AND NOT THE STATE BOARD OF EDUCATION. (LARR L. FRENCH)
GROSS PRODUCTION AND AUTO LICENSE TAX DISTRIBUTION The gross production and auto license taxes should be distributed from the county which has the supervision of the school district. The Attorney General has considered your opinion request wherein you ask the following question: "Should the gross production and auto license taxes be distributed from the county which has the greatest area of the district or the county which has the supervision of the school district " Section 49 (5-105 H.B. 1155,...
LEASE PURCHASE — INTEREST PAYABLE The interest payable under a lease-purchase contract can be paid only at the end of the lease-purchase contract after the governmental unit involved has paid all the required monthly payments. The Attorney General has considered your request for an opinion on the following question submitted in your letter of October 15, 1971: "Can the interest on a lease-purchase contract of a County Commissioner for equipment be paid to the bank at regular intervals during...
SHERIFF — CONSANGUINITY LAWS A Sheriff is prohibited by 21 Ohio St. 481 [ 21-481 ] (1961) from appointing his son as a Deputy Sheriff even though such Deputy Sheriff will be paid from funds derived from a grant to the Sheriff of federal funds through the Kiamichi Economic Development District. The Attorney General has received your opinion request wherein you ask the following question: ". . . Does 21 Ohio St. 481 [ 21-481 ] (1961) prohibit the Sheriff from appointing his son as a Deputy...
LAND OFFICE PROCEDURES FOR ERNEST MONEY Earnest money received by the Land Office for oil and gas lease bids must be deposited in accordance with 62 Ohio St. 7 .1 [ 62-7.1 ] (1970), et seq. Section 62 Ohio St. 7 .2 [ 62-7.2 ] allows for said funds to be deposited in a special trust account, subject to approval of the specified officers. Once deposited in a special trust account, said funds may be refunded to unsuccessful bidders. The Attorney General has considered your request for an opinion...
CRIME COMMISSION — CREATURE OF EXECUTIVE ORDER The Oklahoma Crime Commission is not governed by the Oklahoma Administrative Procedures Act set forth in 75 Ohio St. 301 [ 75-301 ] (1970) et seq. We have reviewed your request for an opinion in which you ask the following question: "Is the Oklahoma Crime Commission governed by the rules and regulations of the Oklahoma Administrative Procedures Act " The Oklahoma Crime Commission is a creature of executive order and a reference to the Crime...
REGULATION OF SAFETY GLAZING MATERIAL House Bill 1350, First Session, Thirty-third Legislature, does not restrict the manufacture or sale of safety glazing or non-complying safety glazing material products for sale and use outside of the State of Oklahoma. The intent of the Legislature is to control all phases of safety glazing materials in hazardous locations as defined by statute within the State of Oklahoma. The Attorney General has under consideration your request for an opinion in which...
GRAND RIVER DAM AUTHORITY — LEASING POWERS The Grand River Dam Authority is not authorized to make an exclusive lease of electric transmission lines owned by the Authority to another party for the sole use and benefit of such other party. The Attorney General has considered your request for an opinion as to the legality of certain provisions of an agreement entered into sometime ago between the Grand River Dam Authority and a private company. The agreement is known as the "Eighth Amendment to...
HEALING ARTS PRACTITIONER Those individuals who are licensed by the State of Oklahoma as practitioners of the healing art, including Chiropractors, Dentists and Optometrists, are within the meaning of the provision "regardless of the branch of the healing arts" as used in Section 5 of House Bill 1210, First Session, Thirty-Third Legislature. We have considered your request for an opinion with respect to the phrase "regardless of the branch of the healing arts" as used in House Bill 1210, which...
BUSINESS DEVELOPMENT CORPORATION — BANK PARTICIPATION A bank may own stock in more than one Business Development Corporation created under the Business Development Corporation Act. The Attorney General has considered your request for an opinion wherein you asked, in effect, the following question in your letter of September 22, 1971: "Can a bank own stock in more than one Business Development Corporation " No particular provision of the Business Development Corporation Act specifically says...
