** CONSULTANT CONTRACT FORMS — AWARDING CONTRACTS ** 60 Ohio St. 60 [ 60-60 ], AS AMENDED, REQUIRING STATE AGENCIES AND OTHER STATE ENTITIES TO USE CONSULTANT CONTRACT FORMS AND CONSTRUCTION CONTRACT FORMS DEVELOPED BY THE STATE CONSTRUCTION ADMINISTRATOR, AS APPLIED TO THE BOARD OF REGENTS FOR OKLAHOMA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGES, 'IS' CONSTITUTIONAL ON ITS FACE. HOWEVER, DEPENDING UPON THE FACTS AND CIRCUMSTANCES IN ANY GIVEN INSTANCE, 60 Ohio St. 60 [ 60-60 ]...
OPINION — AG — ** FIREFIGHTERS — RETIREMENT — CONSTITUTIONAL ** THE SECTION 3 OF ENROLLED HOUSE BILL NO. 1091 (TO BE CODIFIED AS 1983 OKLA. SESS. LAWS., C. 143, SECT. 8) REPEALING 11 Ohio St. 49-136 [ 11-49-136 ], 11 Ohio St. 50-120 [ 11-50-120 ] IS UNCONSTITUTIONAL AS APPLIED TO FIREFIGHTERS AND POLICE OFFICERS WHO WERE ELIGIBLE TO RECEIVE A DISABILITY OR RETIREMENT PENSION PRIOR TO MAY 26, 1983 ABSENT A SHOWING THAT THIS REPEAL WAS NECESSARY TO PROTECT THE ACTUARIAL SOUNDNESS OF THE...
** PARI MUTUAL ELECTION — COUNTY OPTION ** (1) THE REPEAL OF 3A O.S. 210 [ 3A-210 ] (1982) DOES NOT RENDER THE PROVISION OF 3A O.S. 209 [ 3A-209 ] (1983) INOPERATIVE; AND; (2) 3A O.S. 209 [ 3A-209 ] (1983) PROVIDES SUFFICIENT STATUTORY AUTHORIZATION TO HOLD COUNTY OPTION PARI MUTUAL ELECTIONS. (HORSE RACING, ELECTION) CITE: 3A O.S. 3A [3A-3A] O.S. 210, 19 Ohio St. 734 [ 19-734 ] (RICHARD MILDREN)
OPINION — AG — ** AD VALOREM TAXATION — FORMULA — STATE BOARD OF EQUALIZATION ** THE PROVISIONS OF 70 Ohio St. 18-109 .1 [ 70-18-109.1 ] WHICH STATE THE LEGISLATIVE INTENT TO ALTER THE FORMULA USED TO DETERMINE THE RELATIONSHIP BETWEEN AD VALOREM TAX REVENUES POTENTIALLY AVAILABLE TO A SCHOOL DISTRICT AND THE AMOUNT OF STATE AID WHICH THAT DISTRICT WOULD RECEIVE DOES NOT: (1) VIOLATE THE SEPARATION OF POWERS DOCTRINE OF ARTICLE IV , SECTION 1 OF THE OKLAHOMA CONSTITUTION BY UNCONSTITUTIONALLY...
** NATIONAL GUARD LEAVE — MILITARY LEAVE ** THAT WEEKEND DRILLS, OR TRAINING ASSEMBLY DAYS, WHICH MUST BE ATTENDED BY NATIONAL GUARD MEMBERS, CANNOT BE DEDUCTED FROM THE TWENTY DAY PROVISION OF 44 Ohio St. 209 [ 44-209 ] (1981). (EMPLOYEES, ACTIVE SERVICE, LEAVE OF ABSENCE) CITE: 44 Ohio St. 209 [ 44-209 ], 10 U.S.C.A. 270, 44 Ohio St. 71 [ 44-71 ] (GUY L. HURST)
OPINION — AG — ** TORT CLAIMS PROCEDURE — APPROPRIATION — CONSTITUTIONAL ISSUE ** (1) SECTION 13 OF ENROLLED SENATE BILL NO. 46 (1983), ESTABLISHING A TORT CLAIMS PROCEDURE FOR THE DEPARTMENT OF HUMAN SERVICES, DOES 'NOT' VIOLATE THE PROVISIONS OF ARTICLE V, SECTION 55, RELATING TO APPROPRIATION OF MONEY. (2) SECTION 13 OF SENATE BILL NO. 46 (1983) DOES NOT VIOLATE THE ONE SUBJECT REQUIREMENT SET FORTH IN ARTICLE V, SECTION 56, ARTICLE V, SECTION 57 (DEPARTMENT OF HUMAN SERVICES, CIVIL...
OPINION — AG — ** USED MOTOR VEHICLE PARTS COMMISSION — INSPECTION — DEALERS ** * (1) THE WORD "OR" IN " MEET LOCAL ZONING OR OTHER MUNICIPAL REQUIREMENTS " SHOULD BE INTERPRETED IN A CONJUNCTIVE SENSE. IN DETERMINING WHETHER A USED MOTOR VEHICLE DEALER IS IN AN APPROVED LOCATION, THE COMMISSION MUST MAKER CERTAIN THAT THE DEALER HAS COMPLIED WITH ALL LOCATION REQUIREMENTS; (2) THE COMMISSION HAS THE RESPONSIBILITY AND AUTHORITY TO DETERMINE THAT A USED MOTOR VEHICLE DEALER IS IN AN APPROVED...
OPINION — AG — ** COUNTY COMMISSIONERS — STUDENT LOANS — INTERESTS ** IN THE ABSENCE OF ANY STATUTE AUTHORIZING COUNTIES TO MAKE STUDENT LOANS, A BOARD OF COUNTY COMMISSIONERS MAY 'NOT' ACCEPT THE BENEFICIAL INTEREST OF A PUBLIC TRUST CREATED UNDER THE PROVISIONS OF 60 Ohio St. 176 [ 60-176 ] ET SEQ., FOR THE PURPOSE OF MAKING STUDENT LOANS. (POST SECONDARY EDUCATION, BONDS) CITE: 60 Ohio St. 176 [ 60-176 ], 70 Ohio St. 695 .1 [ 70-695.1 ], 70 Ohio St. 695 .3 [ 70-695.3 ], ARTICLE XVII, SECTION...
OPINION — AG — ** OKLAHOMA CAMPAIGN CONTRIBUTIONS AND EXPENDITURES ACT — LIMIT — STATE BALLOT QUESTION ** (1) THE PROVISIONS OF THE OKLAHOMA CAMPAIGN CONTRIBUTIONS AND EXPENDITURES ACT, 26 Ohio St. 15-101 [ 26-15-101 ] ET SEQ., MAY 'NOT' BE READ SO AS TO PLACE A LIMIT ON CONTRIBUTIONS TO AN ORGANIZATION FORMED SOLELY TO SUPPORT OR OPPOSE A STATE BALLOT QUESTION. (2) OPINION NO. 80-068, OPINION NO. 77-193 ARE HEREBY WITHDRAWN. (POLITICAL CAMPAIGN CONTRIBUTION, ORGANIZATION, EXPENDITURES,...
OPINION — AG — ** PHARMACY BOARD — LEVY FINES ** THE AUTHORITY GRANTED TO THE STATE PHARMACY BOARD TO LEVY FINES, PURSUANT TO 59 Ohio St. 353 .7 [ 59-353.7 ], IS A CONSTITUTIONAL DELEGATION OF AUTHORITY. (PROFESSIONS, OCCUPATIONS, LICENSE, MORAL TURPITUDE) CITE: 59 Ohio St. 353 .26 [ 59-353.26 ] (PATRICIA REDD DEMPS)
OPINION — AG — ** COUNTY ASSESSOR — FIRE PROTECTION DISTRICT — ASSESSMENT ** FIRE PROTECTION DISTRICTS 'MUST' CONTRIBUTE THEIR PRO RATA SHARE OF THE COST OF ANY COMPREHENSIVE PROGRAM OF REVALUATION OF PROPERTY UNDERTAKEN BY THE COUNTY ASSESSOR BY AUTHORITY OF 68 Ohio St. 2481 .1 [ 68-2481.1 ] — 68 Ohio St. 2481 .11 [ 68-2481.11 ] (COUNTIES, REVENUE AND TAXATION, PROPERTY TAX, AD VALOREM TAXATION, MILL LEVY) ** NOTE: IN LIGHT OF THE OKLAHOMA SUPREME COURT'S DECISION IN 'PUBLIC SERVICE COMPANY OF...
OPINION — AG — ** WATER RESOURCES FUND GRANT ACCOUNT — TAXES — PURPOSE ** (1) 82 Ohio St. 1085 .39 [ 82-1085.39 ] IS NOT IN VIOLATION OF ARTICLE X, SECTION 14, ARTICLE X, SECTION 15 (2) THE WATER RESOURCES BOARD HAS THE AUTHORITY TO ADMINISTER GRANTS UNDER THE TERMS OF 82 Ohio St. 1085 .39 [ 82-1085.39 ] (SALE OF INVESTMENT CERTIFICATES, FUNDS, WATER, STATEWIDE WATER DEVELOPMENT REVOLVING FUND) CITE: 82 Ohio St. 1085 .31 [ 82-1085.31 ], 82 Ohio St. 1085 .32 [ 82-1085.32 ], 82 Ohio St. 1085 .39 [...
OPINION — AG — ** BOARD OF CONTROL — HOSPITALS — TRUST AUTHORITY ** (1) THE LEGAL STATUS OF A COUNTY HOSPITAL WOULD BE CHANGED WHERE ONE HALF(1/2) OF THE OWNERSHIP INTEREST IN SUCH HOSPITAL IS CONVEYED TO A MUNICIPALITY ACCORDING TO A MUNICIPAL COUNTY TRUST AUTHORITY, SINCE SUCH HOSPITAL WOULD NO LONGER BE A "COUNTY HOSPITAL" UNDER 19 Ohio St. 781 [ 19-781 ] ET SEQ. (2) WHERE ONE HALF(1/2) OF THE OWNERSHIP INTEREST IN A COUNTY HOSPITAL IS CONVEYED TO A MUNICIPALITY ACCORDING TO A MUNICIPAL —...
OPINION — AG — ** PAYMENT OF DEATH BENEFITS — TEACHERS' RETIREMENT SYSTEM ** THE LANGUAGE OF ENROLLED HOUSE CONCURRENT RESOLUTION NO. 1044 OF THE 1982 OKLAHOMA LEGISLATURE DOES 'NOT' AMEND 70 Ohio St. 17-105 [ 70-17-105 ](12) SO AS TO AUTHORIZE THE PAYMENT OF DEATH BENEFITS TO ANNUITANTS WHO HAVE MADE NO CONTRIBUTIONS TO THE OKLAHOMA TEACHERS' RETIREMENT SYSTEM. (CONCURRENT RESOLUTIONS, LEGAL AMENDMENT, RESOLUTION, JOINT RESOLUTIONS) CITE: OPINION NO. 69-200, 70 Ohio St. 17-105 [ 70-17-105 ](12)...
OPINION — AG — ** BOARD OF CONTROL — CONFLICT OF INTEREST — TERMS OF OFFICE ** (1) UNDER THE PROVISIONS OF 19 Ohio St. 789 [ 19-789 ], A MEMBER OF THE BOARD OF CONTROL CAN BE REPLACED BEFORE HIS TERM IN OFFICE EXPIRES AND THE VACANCY SHALL BE FILLED BY THE SAME MANNER AS THE ORIGINAL APPOINTMENT. (2) MEMBERS OF THE BOARD OF CONTROL MAY BE REMOVED BY AN ACCUSATION FOR REMOVAL FROM OFFICE PRESENTED TO A GRAND JURY PURSUANT TO 22 Ohio St. 1181 [ 22-1181 ] ET SEQ.; BY AN ACCUSATION PRESENTED BY THE...
OPINION — AG — ** DEPARTMENT OF HUMAN SERVICES — FUNDS — FURLOUGHING ** THE PROVISIONS OF 10 Ohio St. 1423 [ 10-1423 ], DO 'NOT' PROHIBIT THE OKLAHOMA PUBLIC WELFARE COMMISSION FROM FURLOUGHING ITS EMPLOYEES, SHOULD BUDGETARY RESTRAINTS REQUIRE THE SAME, EVEN IF SUCH FURLOUGHING MIGHT RESULT IN A REDUCTION IN THE AMOUNT OF FEDERAL FUNDING RECEIVED BY THE STATE. (FEDERAL MATCHING FUNDS, STATE FUNDING, SOCIAL SERVICES PROGRAMS, FEDERAL PROGRAMS, ADMINISTRATION) CITE: 56 Ohio St. 26 .10 [ 56-26.10...
OPINION — AG — ** HOT WATER SUPPLY HEATERS — INSPECTION — LEASE AGREEMENT ** (1) 40 Ohio St. 141 .2 [ 40-141.2 ](A)(12) IS A REMEDIAL STATUTE AND THEREFORE THE PHRASE " . . . OPERATED BY THE STATE OF OKLAHOMA OR ITS AGENCIES, COUNTIES, MUNICIPALITIES OF SCHOOL DISTRICTS ", SHOULD BE GIVEN A LIBERAL CONSTRUCTION TO INCLUDE NOT ONLY THOSE PREMISES WHEREIN THE STATE OF OKLAHOMA OR ITS AGENCIES, COUNTIES, MUNICIPALITIES OR SCHOOL DISTRICTS MAINTAINS OR MANAGE THE FACILITY OR INSTALLATIONS, BUT ALSO...
OPINION — AG — ** EMERGENCY MEDICAL SERVICES — POLITICAL SUBDIVISION TORT CLAIMS ACT ** (1) EMERGENCY MEDICAL SERVICE DISTRICTS ESTABLISHED PURSUANT TO ARTICLE X , SECTION 9(C) OF THE OKLAHOMA CONSTITUTION ARE 'NOT' POLITICAL SUBDIVISIONS OF THE STATE. (2) PURSUANT TO ARTICLE X, SECTION 9(C)(N), EMERGENCY MEDICAL SERVICE DISTRICTS ARE SUBJECT TO THE SAME LIABILITIES AND IMMUNITIES AS MUNICIPALITIES AND COUNTIES AS CONTAINED IN THE POLITICAL SUBDIVISION TORT CLAIMS. 51 Ohio St. 151 [ 51-151 ] (3)...
OPINION — AG — ** DEPARTMENT OF HUMAN SERVICES — OFFICES — RELOCATION ** THE OKLAHOMA PUBLIC WELFARE COMMISSION, IN FORMULATING POLICY UNDER THE POLICY MAKING POWERS GRANTED THE COMMISSION IN ARTICLE XXV , SECTION 4 OF THE OKLAHOMA CONSTITUTION, IS 'NOT' EMPOWERED TO ENACT POLICY WHICH IS CONTRARY TO LEGISLATIVE POLICY ENACTED INTO LAW. ACCORDINGLY, THE COMMISSION MAY NOT, UNDER ITS POLICY MAKING POWERS, IGNORE THE LEGISLATIVE DICTATES OF SENATE BILL NO. 46 WHICH REQUIRES THAT NO OFFICE OF THE...
OPINION — AG — ** GARNISHMENT — CHILD SUPPORT ** ORDERS CONTINUING GARNISHMENTS FOR THE COLLECTION OF CHILD SUPPORT FOR A PERIOD OF NOT TO EXCEED SIX MONTHS FROM THE STATE OF THE ISSUANCE OF THE ORDER, PURSUANT TO THE PROVISIONS OF 12 Ohio St. 1171 .2 [ 12-1171.2 ], NEED NO RENEWAL, AND ACCORDINGLY, THE GARNISHER IS NOT, DURING THE OPERATION OF THE " CONTINUING GARNISHMENT ", REQUIRED TO REQUEST THE ISSUANCE OF SUCCESSIVE GARNISHMENT SUMMONS OR PAY ADDITIONAL COURT COSTS IN ORDER TO KEEP THE...
