** PUBLIC BUILDINGS — SEALED BIDS ** PURSUANT TO 70 Ohio St. 5-123 [ 70-5-123 ], WHERE A BOARD OF EDUCATION CONSTRUCTS OR IMPROVES A BUILDING BY THE FORCE ACCOUNT METHOD, A CONTRACT FOR THE PURCHASE OF MATERIALS EXCEEDING ONE THOUSAND DOLLARS ($1,000) MUST BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER UPON SEALED BIDS. CITE: 61 Ohio St. 101 [ 61-101 ], 61 Ohio St. 126 [ 61-126 ], OPINION NO. JANUARY 26, 1962, OPINION NO. MAY 6, 1950 (JOE C. LOCKHART)
** APPROPRIATION — LAND OFFICE COMMISSION ** UNDER ARTICLE XI, SECTION 3, ARTICLE XI, SECTION 4, ARTICLE XI , SECTION 5 OKLAHOMA CONSTITUTION, THE LEGISLATURE MAY LAWFULLY APPROPRIATE ONLY FROM THAT PORTION OF THE MONEY IN THE DEPLETION, MANAGEMENT AND SALE FUND WHICH IS DERIVED FROM SURFACE LEASE INCOME ON LANDS BELONGING TO THE PERMANENT SCHOOL FUND AND THE PUBLIC BUILDING FUND, AND DIRECT TRANSFER THEREOF TO THE CAPITOL IMPROVEMENT AUTHORITY FUND, IN ORDER TO PAY FOR THE USE OF THAT PORTION...
**** BIDS — PUBLIC CONTRACTS **** TITLE 61 Ohio St. 113 [ 61-113 ] (H.B. 1251) APPLIES TO CONTRACTS INVOLVING CONSTRUCTION OF, IMPROVEMENTS TO, OR REPAIRS TO PUBLIC BUILDINGS. TITLE 62 Ohio St. 41 .16 [ 62-41.16 ] (H.B. 1309) APPLIES TO CONTRACTS FOR ALL OTHER PURCHASES BY STATE AGENCIES. CITE: 61 Ohio St. 101 [ 61-101 ], 61 Ohio St. 134 [ 61-134 ] (TODD MARKUM)
OPINION — AG — **** EMPLOYEES GROUP, HEALTH AND LIFE INSURANCE BOARD — VOTING MEMBERS **** OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM. UNDER THE PROVISIONS OF 74 Ohio St. 1971 186 [ 74-186 ], THE COMMISSIONER OF CHARITIES AND CORRECTIONS CAN FOR CAUSE SUFFICIENT TO HIM DESIGNATE THE ASSISTANT COMMISSIONER OF CHARITIES AND CORRECTIONS TO SERVE ON THE BOARD OF TRUSTEES OF THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND ON THE STATE EMPLOYEES GROUP HEALTH AND LIFE INSURANCE BOARD WITH FULL...
DOCUMENTARY STAMP TAX When Farmer A transfers his land worth $70,000.00 plus $5,000.00 cash to Farmer B, the deed should have documentary stamps showing a $70,000.00 sale. When Farmer B transfers his land worth $75,000.00 to Farmer A, the deed should have documentary stamps showing a $75,000.00 sale. This is to acknowledge receipt of your letter wherein you state the following facts: "Farmer A owns a tract of land worth $70,000.00 and Farmer B owns a tract of land worth $75,000.00. Farmer A and...
INMATE PAY The pay limitation contained in Section 2, Ch. 325 O.S.L. 1975, would apply only to inmate pay received under the Inmate Incentive Pay Program which is funded from the specific appropriation from the General Revenue Fund made in that section and would not apply to any inmate pay received from any other source of funds, including revolving funds, federal funds and pay to prisoners on work release. The pay limitation or restriction contained in the above-cited statute would apply to...
AUTHORITY TO COMMISSION SPECIAL OFFICERS The board of county commissioners of a county is authorized to commission special officers or patrolmen for the purposes specified in 47 Ohio St. 97 [ 47-97 ] (1971). The special officers so commissioned must give a bond conditioned upon the faithful performance of their duties to enforce laws "regarding motor vehicles or the usage of public highways or for other violations of the law". However, the appointment of such special officers may not be made...
OPINION — AG — **** OPEN MEETING LAW — CONFERRING WITH ATTORNEY **** A GOVERNING BODY AS DEFINED IN 25 Ohio St. 1971 201 [ 25-201 ] MAY MEET IN EXECUTIVE SESSION TO PRIVATELY CONFER WITH THE LAWYER REPRESENTING SAID GOVERNING BODY CONCERNING LITIGATION, PENDING OR IMPENDING WITHOUT VIOLATING THE PROVISIONS OF SECTION 201. (MICHAEL CAUTHRON)
TEACHERS — PROFESSIONAL REPRESENTATIVE The procedure for selection of a bargaining organization for the professional educators of a school district under 70 Ohio St. 509 .2 [ 70-509.2 ] (1971), is for the organization to secure the requisite number of signed authorizations rather than conduct of an election. The board of education may not require the direct submission of authorizations to school officials since the statute contemplates that the authorizations will be secured by the organization...
VETERAN'S LICENSE TAGS Under 47 Ohio St. 38 .1 [ 47-38.1 ] (1975), veterans with a service connected disability of less than 100%, but who are certified by the United States Veteran's Administration as "unemployable" and, therefore, draw compensation and benefits at the 100% disability rate are eligible to purchase automobile tags for $1.00. The Attorney General has considered your opinion request wherein you ask, in effect, the following question: Under 47 Ohio St. 38 .1 [ 47-38.1 ] (1975),...
OPINION — AG — **** HOSPITAL — COMPETITIVE BIDDING **** A HOSPITAL AUTHORITY, A PUBLIC TRUST CREATED UNDER THE PROVISIONS OF 60 Ohio St. 1971 176 [ 60-176 ] ET SEQ., IS REQUIRED TO PURCHASE EQUIPMENT SUCH AS CHAIRS, TABLES, FILES, DESKS, TYPEWRITERS, AND ADDING MACHINES PURSUANT TO COMPETITIVE BIDDING. CITE: 61 Ohio St. 1974 Supp., 101 [ 61-101 ] ; 74 Ohio St. 1971 , 85.2(5) [ 74-85.2 ]; 25 Ohio St. 1971 2 [ 25-2 ] (MIKE MARTIN) ** 74 Ohio St. 85 .2 [ 74-85.2 ](5) **
OPINION — AG — **** LOSS OF ACCREDITATION **** A HIGH SCHOOL LOCATED IN A SCHOOL DISTRICT THAT SERVES LESS THAN ONE HUNDRED TEN (110) SQUARE MILES AND HAS AN AVERAGE DAILY ATTENDANCE OF LESS THAT FIFTY-FIVE (55) STUDENTS DURING THE 1974-75 SCHOOL YEAR AND AN AVERAGE DAILY ATTENDANCE OF MORE THAN FIFTY FIVE (55) DURING THE 1975-76 SCHOOL YEAR WOULD NOT BE CONSIDERED AS HAVING TWO, TWO YEAR PROBATIONARY PERIODS, BUT RATHER UNDER SUBSECTION 10 OF 70 Ohio St. 1971 3-104 [ 70-3-104 ], AS LAST...
KINDERGARTEN ATTENDANCE School authorities may not adopt a policy requiring all pupils to enroll in kindergarten who meet the minimum age requirement for first grade attendance, but who enter school without having attended kindergarten the previous year. The classification of such a pupil in kindergarten would only be authorized where an individual evaluation shows that the placing of the child in the first grade would constitute an improper classification. The Attorney General has considered...
CRIMINAL OFFENSE SENTENCES Under the holding in Ex parte Ridley, Okl. Cr., 106 P. 549 (1910), the Legislature, in the absence of a constitutional amendment, would be without authority to prescribe a specific period of time "after conviction" for a criminal offense, during which the Pardon and Parole Board and the Governor could not exercise clemency authority pursuant to Article VI , Section 10 of the Oklahoma Constitution. The Attorney General has considered your request for an opinion wherein...
MUNICIPAL TRUSTS A hospital authority, a municipal trust created pursuant to 60 Ohio St. 176 [ 60-176 ] (1971) et seq., can operate outside the geographic boundaries of the beneficiary municipality and within the geographic boundaries of another municipality. The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Can a hospital authority, a municipal trust created pursuant to 60 Ohio St. 176 [ 60-176 ] (1971) et seq., operate...
OPINION — AG — **** SELF INSURED HEALTH PLANS **** SELF INSURED HEALTH BENEFIT PLANS WOULD BE CONSIDERED TO BE EMPLOYEE WELFARE BENEFIT PLANS UNDER THE DEFINITION OF SAID TERM IN THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 AND THAT SUCH PLANS WOULD, BY REASON THEREOF, BE REGULATED BY APPLICABLE PROVISIONS OF THE ACT. THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 SUPERSEDES STATE LAW EXCEPT AS TO SPECIFIC ITEMS AND INSTANCES EXPRESSLY EXCLUDED THEREIN. CITE: 29 U.S.C.A. 1001 , (WM....
OPINION — AG — **** NURSING HOMES — REVOCATION OF LICENSES **** THE STATE COMMISSIONER OF HEALTH MAY LOOK ONLY TO THE REQUIREMENTS OF STATE LAW AND REGULATIONS IN DETERMINING WHETHER A NURSING HOME LICENSE SHOULD BE RENEWED. THE STATE FIRE MARSHALL MAY NOT APPROVE OR DISAPPROVE THE CONTINUED OPERATION OF A NURSING HOME FACILITY BASED ON THE PROVISIONS OF MUNICIPAL ORDINANCES, HIS AUTHORITY BEING LIMITED TO THE ENFORCEMENT OF CERTAIN STATE STATUTES AND REGULATIONS. CITE: 63 Ohio St. 1971 1-802 [...
OPINION — AG — **** TAX OVERPAYMENTS **** THE ONE (1) YEAR LIMITATION CONTAINED IN THE PROVISIONS OF 68 Ohio St. 1975 Supp., 2479 [ 68-2479 ], DETERMINES IF A REFUND SHALL BE MADE AND THE PROCEDURES THEREOF, AND SERVES TO BAR RECOVERY FOR AN OVERPAYMENT OR ERROR FOR REAL OR PERSONAL PROPERTY TAXES BY THE TAXPAYER NOT PERFECTING THOSE PROCEDURES IN ACCORDANCE WITH THE TIME LIMITATIONS OF SECTION 2479. CITE: OPINION 69-125, 2 OKL.OP.A.G. 185 (NATHAN J. GIGGER)
BOARD OF COUNTY COMMISSIONERS — COMPETITIVE BIDDING To comply with 69 Ohio St. 636 [ 69-636 ](c) (1971) a board of county commissioners must go out for bid on culvert pipe each time that the purchase is $1,500 or more. The purchase period for each such purchase is terminated upon approval by the purchasing officer and certification by the officer charged with keeping the appropriation and expenditure records. A board of county commissioners cannot lawfully make an indefinite number of purchases...
COUNTY GOVERNMENT Title 61 Ohio St. 61 [ 61-61 ] — 61 Ohio St. 65 [ 61-65 ] (1974) do not apply to counties or other political subdivisions of the State. This is to acknowledge receipt of your letter, wherein you ask the following questions: "1. Is county government considered an agency of the State for the purpose of this act ( 61 Ohio St. 61 [ 61-61 ](c) (1974)) "2. If a county renovates or constructs a building and then leases space to a Department of the State such as the Department of...
