** CORPORATION — FOREIGN CORPORATION — REGULATION ** 79 Ohio St. 32 [79-32] IS NOT UNCONSTITUTIONAL PER SE. TITLE 79 Ohio St. 31 [79-31] (1971) DOES NOT VIOLATE EQUAL PROTECTION OF THE UNITED STATES CONSTITUTION NOR DOES 79 Ohio St. 31 [79-31] (1971) DENY DUE PROCESS OF THE LAWS PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF THE STATE OF OKLAHOMA. (RESTRAINT OF TRADE, MONOPOLY) CITE: ARTICLE II, SECTION 7 (STEPHEN F. SHANBOUR)
OPINION — AG — ** OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM — FEDERAL LAW ** THE PROVISIONS OF 74 Ohio St. 911 [ 74-911 ](2) (AGE REQUIREMENTS OF RETIREMENT), WHICH PRECLUDE PARTICIPANTS IN THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM BY EMPLOYEES WHO ARE 59 YEARS OF AGE OR OLDER AT THE DATE OF THEIR INITIAL EMPLOYMENT WITH THE STATE, ARE NOT IN VIOLATION OF THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT, 29 U.S.C.A. 6210624, AS THE ACT HAS BEEN INTERPRETED BY FEDERAL AGENCIES...
** SCHOOL BOARD — MEMBERSHIP ** (1) IT IS NOT LEGALLY PROPER TO CONDUCT SCHOOL BOARD ELECTION UNDER PROCEDURES ESTABLISHED BY A CITY CHARTER BUT THOSE ELECTIONS MUST BE CONDUCT AS REQUIRED BY 70 Ohio St. 5-107 A [ 70-5-107A ](F) (2) SCHOOL DISTRICTS WHICH FALL UNDER SUBSECTION (F) OF 70 Ohio St. 5-107 A [ 70-5-107A ] AND WHICH HELD NOMINATING ELECTIONS IN 1979 MAY NOT ELECT SCHOOL BOARD MEMBERS AT LARGE, BUT MUST ELECT SCHOOL BOARD MEMBERS FROM THEIR RESPECTIVE ELECTION DISTRICTS. (WARDS) (3)...
** CONTRACT — IMPROVEMENT — MATERIALS ** (1) VOCATIONAL AND TECHNICAL SCHOOL BOARDS OF EDUCATION NEED NOT SOLICIT COMPETITIVE BIDS ON CONTRACTS FOR SUPPLIES AND MATERIALS; HOWEVER, SUCH CONTRACTS EXCEEDING A VALUE OF FIVE HUNDRED DOLLARS ($500.00) MUST BE IN WRITING. (2) VOCATIONAL AND TECHNICAL SCHOOL BOARDS OF EDUCATION MUST SOLICIT COMPETITIVE BIDS ON CONTRACTS FOR CONSTRUCTION OF OR MAKING IMPROVEMENTS TO AN AREA VOCATIONAL OR TECHNICAL SCHOOL BUILDING WHEN SUCH CONTRACTS EXCEED THE VALUE...
** SCHOOL DISTRICT — COMPETITIVE BIDDING ** THE GOVERNING BODY OF A SCHOOL DISTRICT MUST ADHERE STRICTLY TO THE TERMS AND PROVISIONS OF THE PUBLIC COMPETITIVE BIDDING ACT OF 1974, 61 Ohio St. 101 [ 61-101 ] THRU 61 Ohio St. 136 [ 61-136 ] IN AWARDING CONTRACTS FOR MAKING IMPROVEMENTS TO SCHOOL BUILDING WHERE THE AMOUNT OF THE CONTRACT WITH EXCEED THE SUM OF ONE THOUSAND ($1,000) DOLLARS. (BUILDING, MAINTENANCE, SCHOOL BOARD, PUBLIC BUILDINGS, CONSTRUCTION) CITE: 61 Ohio St. 102 [ 61-102 ](4),...
OPINION — AG — ** SCHOOL DISTRICTS — CAMPAIGN MATERIAL ** EXPENDITURE OF PUBLIC FUNDS TO INFLUENCE THE OUTCOME OF SCHOOL MILLAGE ELECTION IS PROHIBITED BY THE TERMS OF 26 Ohio St. 1974 Supp., 16-119 [ 26-16-119 ] (SCHOOL FINANCING, SCHOOL ELECTIONS) CITE: ARTICLE V, SECTION 5, ARTICLE X, SECTION 9(D), ARTICLE X, SECTION 9(B), ARTICLE X, SECTION 10 (WILLIAM W. GORDEN JR) ** MODIFIED BY OPINION NO. 91-027 (1992) ** ** SEE OPINION NO. 92-609 (1992) ** SEE OPINION NO. 95-014 (1996) **
OPINION — AG — ** AUTOPSY — PRODUCTS OF THE HUMAN BODY ** (1) HOUSE BILL NO. 1178 SECT (A) OF THE 38TH LEGISLATURE (1981) AMENDING 21 Ohio St. 1154 [ 21-1154 ], IS STRICTLY DEFINITIONAL IN CHARACTER AND DOES NOT IN AND OF ITSELF AUTHORIZE THE RETENTION OF TISSUES FROM THE BODY WHEN AN AUTOPSY IS PERFORMED. (2) A PHYSICIAN MAY RETAIN TISSUES FROM A DEAD HUMAN BODY FOR SUBSEQUENT EDUCATIONAL, SCIENTIFIC, OR THERAPEUTIC USE UPON THE PROPERLY EXECUTED CONSENT OF THE DECENDENT DURING HIS LIFETIME,...
OPINION — AG — ** ELECTION — ANNEXING ** (1) ASSUMING ALL STATUTORY AND REGULATORY REQUIREMENTS FOR ANNEXATION HAVE BEEN COMPLIED WITH, THE STATE BOARD OF VOCATIONAL AND TECHNICAL EDUCATION MAY CALL AN ELECTION IN THAT PART OF AN INDEPENDENT SCHOOL DISTRICT, WHICH IS ALREADY PART OF THE COMMUNITY JUNIOR COLLEGE AREA SCHOOL DISTRICT FOR THE PURPOSE OF ANNEXING THAT TERRITORY TO AN EXISTING AREA VOCATIONAL — TECHNICAL SCHOOL DISTRICT WHICH COVERS THE REMAINING PORTION OF THE INDEPENDENT SCHOOL...
OPINION — AG — ** CONFLICT OF INTEREST — BARBER BOARD ** AN INDIVIDUAL WHOSE BROTHER OWNS AND OPERATES A BARBER COLLEGE IS DISQUALIFIED FROM ELIGIBILITY FOR MEMBERSHIP ON THE STATE BOARD OF BARBER EXAMINERS BY OPERATION OF 59 Ohio St. 85 [ 59-85 ] (BOARD OF BARBER EXAMINERS, BARBER COLLEGE, ADVERSE OF PECUNIARY INTEREST, BROTHER AND SISTERS, PUBLIC OFFICERS ** CITE: 59 Ohio St. 85 [ 59-85 ], 59 Ohio St. 88 [ 59-88 ], 74 Ohio St. 1401 [ 74-1401 ], 74 Ohio St. 1402 [ 74-1402 ] (ETHICS) (JAMES B....
OPINION — AG — ** OPEN MEETING — FAIRS — POPULATION ** (1) WHETHER COUNTIES WITH POPULATION OVER 150,000 ARE OBLIGATED TO PROVIDE 40H AND FAA GROUPS FACILITIES AT FAIRS IS A QUESTION THAT WOULD REQUIRE AN APPLICATION OF FACTS AND MAY NOT BE ANSWERED AS A MATTER OF LAW. (2) WHETHER 4-H AND FAA HORSE SHOWS ARE "AGRICULTURAL SHOWS OR EXPOSITION" WITHIN THE MEANING OF TITLE 2 STATUTES REGARDING FAIRS IS A QUESTION OF FACT AND MAY NOT BE ANSWERED AS A MATTER OF LAW. (3) COUNTIES, REGARDLESS OF THEIR...
OPINION — AG — (1) THE SYSTEM OF BENEFITS INCREASES IN 70 Ohio St. 1980 , 17-116.1 [ 70-17-116.1 ] DOES NOT VIOLATE THE EQUALITY AND UNIFORMITY REQUIREMENT OF ARTICLE V, SECTION 62 (2) THE BENEFITS INCREASES GRANTED IN 70 Ohio St. 1980 Supp., 17-116.1 [ 70-17-116.1 ] TO PRESENT RETIREES DOES NOT VIOLATE THE PROVISIONS OF ARTICLE V, SECTION 47, ARTICLE V, SECTION 51, ARTICLE X, SECTION 15 (ANNUITY, RETIREMENT, TEACHERS' RETIREMENT, SCHOOLS AND SCHOOL TEACHERS) CITE: OPINION NO. 63-196, OPINION...
OPINION — AG — ** OIL AND GAS — PRODUCTION — INTEREST ** THE PORTION OF 52 Ohio St. 540 [ 52-540 ](A) PERMITTING THE OPERATOR OF AN OIL OR GAS WELL TO BE SUBSTITUTED FOR THE FIRST PURCHASER AND THE ASSUME THE FIRST PURCHASER'S OBLIGATIONS UNDER THE STATUTE TO MAKE TIMELY PAYMENTS TO PERSONS HAVING INTERESTS IN THE PRODUCTION, IS CONSTITUTIONAL. (CONTRACT PAYMENTS, ROYALTY OWNER, PROCEEDS, TITLE EXAMINATION STANDARDS, WORKING INTEREST PAYMENTS) CITE: 52 Ohio St. 504 [ 52-504 ](A), ARTICLE II,...
OPINION — AG — THE REPEAL OF 68 Ohio St. 1971 2481.7 [ 68-2481.7 ], DID NOT NEGATE COUNTY ASSESSORS' AUTHORITY TO CONTRACT WITH INDEPENDENT APPRAISERS. APPRAISERS ARE "TECHNICAL HELP" AND ARE NOT SUBJECT TO THE SALARY LIMITATIONS PROVIDED FOR COUNTY DEPUTIES UNDER 19 Ohio St. 1980 Supp., 180.65 [ 19-180.65 ] . THE COUNTY EXCISE BOARD MUST APPROVE AND APPROPRIATE THE BUDGETING OF THIS EXPENSE AND THE COUNTY COMMISSIONERS MUST APPROVE THE CONTRACTS. THE COUNTY ASSESSOR NEED NOT ADVERTISE BIDS...
OPINION — AG — BECAUSE LOCAL SCHOOL TREASURERS, APPOINTED BY DISTRICT BOARDS OF EDUCATION UNDER 70 Ohio St. 1980 Supp., 5-114 [ 70-5-114 ], ARE PUBLIC OFFICERS RATHER THEN EMPLOYEES, 51 Ohio St. 1971 8 [ 51-8 ] REQUIRES THEM TO RESIDE IN THE DISTRICT THEY SERVE. (RESIDENCY REQUIREMENTS, PUBLIC OFFICERS, SCHOOL AND SCHOOL DISTRICTS) CITE: 70 Ohio St. 1971 , 5-115 [ 70-5-115 ], 70 Ohio St. 1971 , 5-116 [ 70-5-116 ], 70 Ohio St. 1977 Supp., 5-138 [ 70-5-138 ] (MARY BRYCE LEADER)
The Attorney General is in receipt of your request for an official opinion wherein you ask, in effect, the following questions: 1. Define the term "use value" as employed in the context of ad valorem real property tax assessment. 2. May the "use value" of a piece of real property be determined by first finding the fair cash value of the property based upon its present use and then deducting a percentage from the value of the property for purposes of the assessment of ad valorem taxes 3. If so,...
OPINION — AG — (1) "USE VALUE" AS EMPLOYED IN THE CONTEXT OF AD VALOREM REAL PROPERTY TAX ASSESSMENT MEANS "FAIR CASH VALUE OF REAL PROPERTY FOR THE HIGHEST AND BEST USE FOR WHICH SUCH PROPERTY WAS ACTUALLY USED, OR WAS PREVIOUSLY CLASSIFIED FOR USE, DURING THE CALENDAR YEAR NEXT PRECEDING THE FIRST DAY OF JANUARY ON WHICH THE ASSESSMENT IS MADE". (2) THE "USE VALUE" OF A PIECE OF REAL PROPERTY MAY NOT BE DETERMINED BY FIRST FINDING THE FAIR CASH VALUE OF THE PROPERTY BASED UPON ITS PRESENT USE...
The Attorney General has received your request for an opinion wherein you ask the following questions: "1. Is the excise tax authorized under 68 Ohio St. 1304 [ 68-1304 ] and 68 Ohio St. 1305 [ 68-1305 ] on newspapers and periodicals exceeding seventy-five cents ($.75) constitutional in light of Article II, Section 22, which guarantees freedom of the press and states that `no law shall be passed to restrain or abridge the liberty of speech of the press.' "2. Is the excise tax exemption accorded...
The Attorney General has received your opinion request asking: "What restrictions, if any, are there upon the Board of County Commissioners and Excise Board members in approving expenditures in excess of 1/12-of the estimated revenues appropriations each month " County finance corresponds to the fiscal year. Starting in July, the County Excise Board draws up a comprehensive budget and makes appropriations. See generally 68 Ohio St. 2483 [ 68-2483 ] et seq. (1971) and 62 Ohio St. 310 .2 [ 62-310....
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Are index and record books in the county clerk's office public records open to public inspection and filming Clearly, "index books and record books" you refer to are public records. 76 C.J.S. Records, 1, p. 112 (1952); In Re Estate of LaSarge, Okl., 526 P.2d 930 (1974). As such, these records must be maintained in compliance with the Public Record Law, 51 Ohio St. 24 [ 51-24 ] (...
The Attorney General is in receipt of your request for an official opinion wherein you ask, in effect, the following question: May the State Board of Vocational and Technical Education contract with a private or parochial post-secondary educational institution for such institution to offer a vocational training program. We are given to understand from the facts recited in your request letter that the State Board of Vocational and Technical Education (Board) has entered into contracts with two...
