OPINION — AG ** PUBLIC TRUST — REVENUE BONDS — COURT DECISION ** (1) TO THE EXTENT THAT OPINION NO. 81-318 IS INCONSISTENT WITH THIS OPINION, IT IS MODIFIED. (2) THE THREE PARTS TEST IN ' LEMON V. KURTZMAN, 403 U.S. 602 , 91 S.CT. 2105 , 29 L.ED.2D 745 (1971) ', IS THE TEST TO APPLY TO DETERMINE IF LEGISLATIVE ACTS VIOLATE THE ESTABLISHMENT CLAUSE OF THE UNITED STATES CONSTITUTION. (3) FUNDS RAISED BY OR THROUGH A PUBLIC TRUST ORGANIZED UNDER 60 Ohio St. 176 [ 60-176 ] THAT DO NOT COME FROM THE...
OPINION — AG — ** STEPCHILD — ESTATE TAX EXEMPTION ** THE EXEMPTION FROM ESTATE TAX PROVIDED FOR AT 68 Ohio St. 809 [ 68-809 ], DOES 'NOT' APPLY TO PORTIONS OF AN ESTATE PASSING TO A NONADOPTED STEPCHILD, WHO IS AN HEIR UNDER THE WILL OF A STEPPARENT, WHO HAS BEEN DIVORCED FROM THE STEPCHILD'S NATURAL PARENT. (INHERITANCE TAX EXEMPTION, ESTATE TAX, LINEAL DESCENDANT, ADOPTED CHILD) CITE: 68 Ohio St. 809 [ 68-809 ] (NEAL LEADER)
OPINION — AG — ** RESIDENCY — MUNICIPAL EMPLOYMENT ** THE CHARTER OF THE CITY OF OKLAHOMA CITY DOES 'NOT' AUTHORIZE THAT CITY TO ENACT BY ORDINANCE, RULE, REGULATION OR POLICY A RESIDENCY REQUIREMENT FOR THE EMPLOYEES OF THAT CITY. THERE BEING NO SUCH PROVISION IN THE CHARTER, THE CITY OF OKLAHOMA CITY MAY NOT ENACT SUCH A RESIDENCY REQUIREMENT BY ORDINANCE, RULE, REGULATION OR POLICY AS IT WOULD IMPERMISSIBLY CONFLICT WITH THE PROVISIONS OF 11 Ohio St. 22-127 [ 11-22-127 ] (PERSONNEL POLICY,...
OPINION — AG — ** TRAVEL — REIMBURSEMENT — EXPENDITURES ** (1) 74 Ohio St. 500 .11 [ 74-500.11 ] PERMITS REIMBURSEMENT FOR TRANSPORTATION INVOLVING OUT OF STATE TRAVEL UP TO THE ACTUAL COST OF COACH AIRPLANE FARE. IT PERMITS REIMBURSEMENT FOR OUT OF STATE TRAVEL BY PRIVATELY OWNED VEHICLE, AS PRESCRIBED BY 74 Ohio St. 500 .4 [ 74-500.4 ](C), UP TO THE AMOUNT OF COACH AIRPLANE FARE. IT DOES 'NOT' PERMIT A STATE OFFICIAL OR EMPLOYEE, WHEN USING HIS/HER PRIVATELY OWNED VEHICLE, TO RECEIVE MORE...
OPINION — AG — ** INCENTIVE AID FORMULA — CONSTITUTIONALITY — TAXATION ** THE INCENTIVE AID PORTION OF THE STATE AID FORMULA, 70 Ohio St. 18-109 .2 [ 70-18-109.2 ] DOES NOT VIOLATE THE PROVISIONS OF ARTICLE X , SECTION 9 OKLAHOMA CONSTITUTION BY REQUIRING DISTRICTS TO FINANCE THE STATE GUARANTEED PROGRAM FROM MILLAGES LEVIED ABOVE THOSE REQUIRED TO SUPPORT FOUNDATION AID. (SCHOOL DISTRICTS, AD VALOREM TAXATION, SCHOOL FUNDING, STATE AID FORMULA, AVERAGE DAILY MEMBERSHIP, CALCULATION) CITE: 70...
OPINION — AG — ** OPEN SALOON — ENFORCEMENT — REPEAL OF CONSTITUTIONAL PROVISIONS ** ARTICLE XXVII , SECTION 4 OF THE OKLAHOMA CONSTITUTION WAS REPEALED ON SEPTEMBER 18, 1984, BY THE SELF EXECUTING PROVISIONS OF ARTICLE XXVIII, SECTION 11, ENACTED BY POPULAR VOTE ON THAT DATE. THE CRIMINAL SANCTIONS IMPOSED BY 37 Ohio St. 538 [ 37-538 ](H), BEING INEXTRICABLY TIED TO ARTICLE XXVII, SECTION 4 PROVISIONS, ARE REPEALED BY IMPLICATION. STATUTES REGULATING INTOXICATING BEVERAGES NOT IRRECONCILABLY...
OPINION — AG — ** COUNTY COMMISSIONERS — SPECIAL ELECTION — LIQUOR BY THE DRINK — PETITIONS ** IN THE ABSENCE OF APPROPRIATE ENABLING LEGISLATION, A BOARD OF COUNTY COMMISSIONERS CANNOT SUBMIT TO THE PEOPLE OF ITS COUNTY AT ANY REGULAR OR SPECIAL ELECTION THE QUESTION OF WHETHER LIQUOR BY THE DRINK SHOULD BE ALLOWED. (AUTHORITY, STATE QUESTION, PROCEDURE) CITE: 19 Ohio St. 339 [ 19-339 ], 19 Ohio St. 3 [ 19-3 ], 19 Ohio St. 3 82 [ 19-382 ], ARTICLE XXVII, ARTICLE XXVIII, SECTION 1, ARTICLE...
** STATE EMPLOYEES — RETIREMENT SYSTEM ** IN CALCULATING THE RETIREMENT BENEFITS DUE TO INDIVIDUALS WHO RETIRE FROM OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM PRIOR TO JULY 1, 1981, THE PROVISIONS OF 74 Ohio St. 930 .1 [ 74-930.1 ](B) DOES 'NOT' AUTHORIZE TAKING INTO CONSIDERATION PAST COSTS OF LIVING INCREASES AWARDED BY LEGISLATURE. IN THIS REGARD, HOWEVER, SECTION 74 Ohio St. 930 .1 [ 74-930.1 ](B) DOES REQUIRE THE BENEFITS FIGURES ARRIVED AT BY USING THE NEW BENEFIT CALCULATION FORMULA SET...
** LOCAL INCENTIVE LEVY — SCHOOLS — VOTERS ** (1) THE TULSA COMMUNITY COLLEGE AREA SCHOOL DISTRICT, ESTABLISHED BY 70 Ohio St. 4420 [ 70-4420 ] FOR VOCATIONAL AND/OR TECHNICAL SCHOOLS, MAY MAKE A LOCAL INCENTIVE LEVY PURSUANT TO ARTICLE X , SECTION 9B OF THE OKLAHOMA CONSTITUTION FOR THE BENEFIT OF THE TULSA COMMUNITY COLLEGE AREA SCHOOL DISTRICT WHEN APPROVED BY A MAJORITY OF THOSE REGISTERED VOTERS OF THAT DISTRICT VOTING ON THE QUESTION IN AN ELECTION CALLED FOR THAT PURPOSE. (2) ARTICLE X,...
OPINION — AG — ** UNIT APPRAISAL — TAX COMMISSION — AD VALOREM TAXATION ** THE UNIT APPRAISAL VALUATION TECHNIQUE, A COMBINATION OF THE COST AND INCOME APPROACH, BEING USED BY THE OKLAHOMA TAX COMMISSION TO DETERMINE THE VALUE OF RAILROAD AND PUBLIC SERVICE CORPORATIONS FOR AD VALOREM TAXATION PURPOSES IS, AS A MATTER OF LAW, CAPABLE OF DETERMINING "FAIR CASH VALUE" AND, THEREFORE, DOES NOT VIOLATE ARTICLE X, SECTION 8 OR 68 Ohio St. 2443 [ 68-2443 ], BOTH OF WHICH REQUIRE THAT THE PROPERTY OF...
OPINION — AG — ** EX OFFICIO — VOTING PRIVILEGES — COMMISSION ** (1) THE EX OFFICIO MEMBERS OF A REGIONAL PLANNING COMMISSION, AS DESIGNATED BY 11 Ohio St. 46-101 [ 11-46-101 ] HAVE THE SAME POWER AND AUTHORITY AS THE OTHER MEMBERS OF THE COMMISSION, INCLUDING VOTING PRIVILEGES. (2) PURSUANT TO 11 Ohio St. 45-101 [ 11-45-101 ] ET SEQ., A MUNICIPAL PLANNING COMMISSION HAS JURISDICTION ONLY WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY. WHERE A MUNICIPAL PLANNING COMMISSION IS SERVING ON A...
OPINION — AG — ** GIFTS — STATE AGENCIES — ACCEPTANCE — USE — CONFLICT OF INTEREST ** (1) STATE AGENCIES, BOARDS, COMMISSIONS AND INSTITUTIONS, WHEN SPECIFICALLY AUTHORIZED BY STATUTE, MAY DIRECTLY ACCEPT GIFTS OF PROPERTY, INCLUDING MONEY, TO BE USED FOR THE EXPENSES OF THE AGENCY. (2) GIFTS TO AGENCIES, INSTITUTIONS AND COMMISSIONS, NOT SPECIFICALLY AUTHORIZED TO DIRECTLY RECEIVE THE SAME, MAY, UNDER THE PROVISIONS OF 60 Ohio St. 381 [ 60-381 ], BE ACCEPTED ON BEHALF OF SUCH ENTITIES BY THE...
OPINION — AG — ** PARENT ENTITY — OPEN MEETING ACT — COMPETITIVE BIDS ** WHEN A SUBORDINATE ENTITY REVIEWS AND ELIMINATES BIDS FOR CONTRACTS FROM CONSIDERATION BY A PARENT ENTITY THEN THE SUBORDINATE ENTITY IS EXERCISING ACTUAL OR DE FACTO DECISION MAKING AUTHORITY AND IS SUBJECT TO THE OPEN MEETING LAW. (ADVISORY COMMITTEES, SUBCOMMITTEES, REVIEW COMMITTEES, DE FACTO) CITE: 25 Ohio St. 301 [ 25-301 ] — 25 Ohio St. 314 [ 25-314 ] (RICHARD MILDREN)
OPINION — AG — ** OKLAHOMA WATER RESOURCES BOARD — WATER QUALITY ** PURSUANT TO 82 Ohio St. 926 .2 [ 82-926.2 ] AND 82 Ohio St. 926 .6 [ 82-926.6 ], THE OKLAHOMA WATER RESOURCES BOARD MAY NOT ADOPT A STATEWIDE ANTIDEGRADATION POLICY WHICH ALLOWS FOR LOWER WATER QUALITY OR LIMITED DEGRADATION OF CERTAIN WATERS. (BIOLOGICAL INTEGRITY, POLLUTION, STANDARDS, ENVIRONMENT QUALITY, RECREATION, PUBLIC WATER) CITE: 33 U.S.C.A. 1251 , 33 U.S.C.A. 1376 , 82 Ohio St. 926 .2 [ 82-926.2 ], 40 C.F.R. 131.4 40...
OPINION — AG — ** NON RESIDENT — ALCOHOLIC BEVERAGES — WHOLESALERS ** (1) 37 Ohio St. 536 [ 37-536 ](A)(2) PROHIBITS THE INDUCEMENT OF SALES OF ALCOHOLIC BEVERAGES THROUGH VOLUME DISCOUNTS, EVEN WHERE UNIFORMLY OFFERED TO ALL WHOLESALERS. (2) 37 Ohio St. 536 .1 [ 37-536.1 ] WAS 'NOT' INTENDED TO INCLUDE INDUCEMENTS DISCOUNTS OR REBATES IN CIRCUMVENTION OF 37 Ohio St. 536 [ 37-536 ](A)(2) (PRICE DISCRIMINATION, NONRESIDENT SELLER, INVOICE PRICE, POSTED PRICE) CITE: 37 Ohio St. 536 [ 37-536 ] (...
OPINION — AG — ** DEMONSTRATION WORK — FUNDING — COUNTY COMMISSIONERS ** (1) TO THE EXTENT THAT MEANS ARE AVAILABLE IN EACH COUNTY, FUNDING OF FARM AND HOME DEMONSTRATION WORK, AS REQUIRED BY 70 Ohio St. 3418 [ 70-3418 ], IS MANDATORY. (2) WHERE THE ANNUAL ESTIMATE OF NEEDS OF A BOARD OF COUNTY COMMISSIONERS EXCEEDS THE MEANS AVAILABLE TO FINANCE THE SAME, THE COUNTY EXCISE BOARD HAS THE AUTHORITY TO DETERMINE THE AVAILABILITY OF FUNDS FOR THE FARM AND HOME DEMONSTRATION WORK REQUIRED BY 70...
OPINION — AG — ** MUNICIPALITY — CONVEYANCE — UTILITY COMPANIES ** PURSUANT TO 11 Ohio St. 35-201 [ 11-35-201 ] ET SEQ., A MUNICIPALITY MAY CONVEY ITS GAS AND ELECTRICAL UTILITIES SYSTEMS TO EXISTING PUBLIC UTILITY COMPANIES ON A LEASE PURCHASE ARRANGEMENT THAT HAS BEEN AUTHORIZED BY THE VOTE OF A MAJORITY OF THE REGISTERED VOTERS OF THE MUNICIPALITY VOTING ON THE QUESTION AT AN ELECTION TO BE HELD FOR SUCH PURPOSES, PROVIDED THE TERMS OF SUCH ARRANGEMENT ARE OTHERWISE LAWFUL. (SALE, LEASE,...
OPINION — AG — ** LONGEVITY PAY — CALCULATION — SERVICE ** THE PROVISION OF 74 Ohio St. 805 .2 [ 74-805.2 ](H) WHICH PROVIDES THAT PERIODS OF NONPAID LEAVE STATUS IN EXCESS OF THIRTY(30) DAYS SHALL NOT BE USED IN CALCULATING MONTHS OF SERVICE FOR LONGEVITY PAY PURPOSES, IS APPLICABLE TO A STATE EMPLOYEE WHO IS ON NONPAID LEAVE STATUS OR ON LEAVE OF ABSENCE WITHOUT PAY DUE TO AN INJURY ON THE JOB AND WHO IS RECEIVING WORKER'S COMPENSATION BENEFITS. (LONGEVITY PAY BENEFITS, SALARY, CONTINUOUS...
OPINION — AG — ** MENTAL ILLNESS — COMMITMENT — PROCEDURE ** (1) THE EMERGENCY DETENTION PROCEDURE FOR THOSE REQUIRING TREATMENT FOR MENTAL ILLNESS, DRUG DEPENDENT PERSONS AND ALCOHOL DEPENDENT PERSONS, SET FORTH IN 43A O.S. 52.1 [ 43A-52.1 ] IS SUPPLEMENTAL TO AND DOES NOT REPEAL OR SUPERCEDE THE INVOLUNTARY COMMITMENT PROCEDURES SET FORTH IN 43A O.S. 54.4 [ 43A-54.4 ] AND 43A O.S. 671 [ 43A-671 ] ET SEQ., AND 63 Ohio St. 2126 .1 [ 63-2126.1 ] (2) THE DISTRICT ATTORNEY IS `NOT' AUTHORIZED TO...
OPINION — AG — ** DEPARTMENT OF HUMAN SERVICES — SOCIAL SECURITY CONTRIBUTIONS — TRANSFERRED ** (1) THE DUTY OF THE OKLAHOMA PUBLIC WELFARE COMMISSION TO SERVE AS ADMINISTRATOR AND A COLLECTION POINT FOR FEDERAL SOCIAL SECURITY CONTRIBUTIONS FOR EMPLOYEES OF THE STATE AND ITS POLITICAL SUBDIVISIONS IS 'NOT' MANDATED UNDER ARTICLE XXV , SECTION 1 OKLAHOMA CONSTITUTION. SUCH DUTY IS AUTHORIZED BY THE PROVISIONS OF ARTICLE XXV, SECTION 2 OF THE CONSTITUTION AND 51 Ohio St. 123 [ 51-123 ](A) AND,...
