to superior offcers within the administration of the

Similar documents
1954 O. A. G. amended by Acts of 1951, Ch. 145, as found in Burns' Indiana. Statutes (1948 Repl., 1953 Supp.), Section et seq.

This wil acknowledge receipt of your letter wherein you

, whether they are subject to the requirements of said. my province to express an opinion, as to the effect, if

A refusal under such circumstances to permit the state

OPINION 57. or statutory prohibition against the city engineer employing. Indiana Board of Pharmacy State Offce Building. Indianapolis, Indiana

OPINION 58. From the foregoing I am of the opinion your questions. that part of the Acts of 1949, Ch. 247, Sec. 4, supra, to

(1) Shall a city or town which has come into

1965 O. A. G. 1965, prevails and will be the law upon distribution and circulation, as provided by the Indiana Constitution. OFFICIAL OPINION NO.

Legislature provided, in the same act, as follows: "

OFFICIAL OPINION NO.1 7 February 28, Mr. Edwin Steers, Sr., State Election Board, 108 East Washington Street,

Dr. Norman M. Beatty Memorial Hospital and cannot be

(3). Section 3 of said Act specifically authorizes the. purchase of "special equipment needed in a class or school

OPINION 12 OFFICIAL OPINION NO. services other than those services these local units of government are specifically authorized

OPINION 50. be restored in accordance with Burns' to , institution designated a school instead of a hospital. Ed. 442, 68 S. Ct.

OFFICIAL OPINION NO. 66. Your letter of September 3, 1948, is hereby acknowledged and reads as follows:

and issuing a receipt for same, fifty cents (50Ø) ; for attesting a marginal assignment or release, twenty cents (20Ø); for searching for

the general provisions of the Acts of * * * Would you kindly advise me if existing Statutes do not

"The final or confirming resolution has now been. Armistice Hil. change in administration, and the metropolian district

contingent right to hold over after 31 December 1957 had

Hon. John 1. Bradshaw, Jr. State Representative Chamber of Commerce Building. Indianapolis, Indiana. Dear Representative Bradshaw:

OPINION E. Washington Street, #1108. This is in answer to your letter of November 12, 1962,

OPINION 25. original 1947 Act, as found in Burns' (n), sup1'a, the. supra, with reference to suspensions following the conviction

3. Persons sentenced to any penal institution after the

1949 O. A. G. OFFICIAL OPINION NO. 30. Your request of April 18, 1949, for an offcial opinion of

I shall answer your questions in the order in which they

OFFICIAL OPINION NO. year old person as Justice of the Peace?" ANALYSIS

Indiana, of an Indiana domicilary subject to

CALIFORNIA CONSTITUTION ARTICLE 11 LOCAL GOVERNMENT

1. Acts 1965, ch. 261, 99 16, 17, 18, and 19, impose certain

Board of Claims -- Limitation on damage awards -- Hearing officers -- Asbestos related claims. (1) A Board of Claims, composed of the members

September 27, 1982 ATTORNEY GENERAL OPINION NO Gregory 0. Clark Chief of Police Ness City Police impartment Ness City, Kansas 67560

Salary Act and is entitled to one and one-half times the

CITY OF ENID RIGHT-OF-WAY AGREEMENT

State Law reference Police force and departments, W. Va. Code, et seq.; powers and duties of law enforcement, W. Va. Code,

OPINION 82. Were it not for the proviso in said Act, the Act of issuance of revenue bonds has not been modified or changed

Vehicle Title Law" and that the only fee which is required. the three dollar fee specified in Section 1 of Ch.apter 81, Acts

IC Chapter 1.1. Indiana Occupational Safety and Health Act (IOSHA)

No AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 02-CV-919. Appeal from the Superior Court of the District of Columbia (No. CA )

Federal Arbitration Act Comparison

TITLE 16 GAMING CHAPTER 2 GAMING ENTERPRISE

SCR 1016 A CONCURRENT RESOLUTION ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO EMPLOYMENT PRACTICES.

IC Repealed (As added by P.L , SEC.597. Repealed by P.L , SEC.51.)

CHAPTER 30 POLICE DEPARTMENT

CITY OF MUSKEGO CHAPTER 15 - ELECTRICAL CODE (Ord. # )

XIV. County of Hanover. Board Meeting: July 27, 2016

BLDG. CONSTR. & FIRE PREV. LOCAL LAW BUILDING CONSTRUCTION AND FIRE PREVENTION

ARTICLE XIV. - WATER DEPARTMENT

treason, and which is affiliated or cooperates with


POLE ATTACHMENT LICENSE AGREEMENT SKAMANIA COUNTY PUD

OPINION 8 OFFICIAL OPINION NO. April 4, Issued by Department of Revenue.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S 1 SENATE BILL 835* Short Title: Court Improvement Act/Constitution.

Commonwealth of Kentucky Court of Appeals

HIGHLANDS RANCH METROPOLITAN DISTRICT BYLAWS

BYLAWS. Board of Directors of Maysville Community and Technical College Kentucky Community and Technical College System ARTICLE I

VIOLET SEABOLT OPINION BY v. Record No JUSTICE WILLIAM C. MIMS April 20, 2012 COUNTY OF ALBEMARLE

TWIN HARBORS ON LAKE LIVINGSTON PROPERTY OWNERS ASSOCIATION AMENDED BYLAWS (Seventh)

NC General Statutes - Chapter 95 Article 7A 1

THIRD AMENDED AND RESTATED OPERATING AGREEMENT HRCP II, L.L.C. November 1, 2016

IC Chapter 3. Adjudicative Proceedings

TOWNSHIP OF CHESTER OTTAWA COUNTY, MICHIGAN

PDF Version. ELECTRICAL SAFETY ACT [REPEALED] published by Quickscribe Services Ltd.

IC Chapter 1. Regulation of Plumbers; Creation of Commission; Licensing

Words and phrases are to be given their plain ordinary

THE CITY OF MANZANITA DOES ORDAIN AS FOLLOWS: SECTION 1: ADMINISTRATION AND ENFORCEMENT. 1.1 Title

NORTH CAROLINA GENERAL ASSEMBLY 1977 SESSION CHAPTER 848 HOUSE BILL 1184

except in cases of emergency, and the assistant employed has no power to employ and fi the salary of a special legal

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

ORDINANCE NO. 14,346

Approved-4 August 2015

Addendum to Board Policy a Delegation of Board Authority

v. Record No OPINION BY JUSTICE CYNTHIA D. KINSER June 6, 2008 VIRGINIA SECRETARY OF TRANSPORTATION, ET AL.

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

PRESENT: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Russell, S.J.

OPINION 5. Public Transportation Corporation is not an " offce" within OFFICIAL OPINION NO. March 8, 1968 CRIMINAL LAW AND ENFORCEMENT-OFFICERS,

TITLE 7 FIRE PROTECTION AND FIREWORKS 1 CHAPTER 1 FIRE LIMITS 2

CHAPTER 36. MEDICAID FRAUD PREVENTION SUBCHAPTER A. GENERAL PROVISIONS

IC Chapter 2. Town Legislative Body and Executive

March 1, 2016 ATTORNEY GENERAL OPINION NO

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

CITY OF EDGERTON, KANSAS CHARTER ORDINANCES. CHARTER ORDINANCE NO. 1 (Superseded by Charter Ordinance No. 4)

VIRGINIA Short title. This chapter may be cited as the "Virginia Statewide Fire Prevention Code Act."

the state the responsibility of furnishing aid to the poor in the exception to The Poor Relief Act so that in its present

Texas Medicaid Fraud Prevention Act

OPINION OFFICIAL OPINION NO. Offcial Opinion answering the following questions: 1. What effect will Section 18, Chapter 350, Acts

NORTH CAROLINA GENERAL ASSEMBLY 1975 SESSION CHAPTER 180 HOUSE BILL 450 AN ACT TO PROVIDE FOR A NEW CHARTER FOR THE CITY OF MORGANTON.

SAFETY STANDARDS ACT

INDUSTRIAL SAFETY AND HEALTH ACT Act No. 4220, Jan. 13, 1990

Assembly Bill No. 243 CHAPTER 688

Be it enacted by the Senate and House of Representatives of the U'^^^^d States of America in Congress assembled^ That this Act may

Subject: Municipal government; municipal charters; amendment; 5town of. Statement of purpose: This bill proposes to approve amendments 7to the charter

Pressure Equipment Act (869/1999; amendments up to 1160/2003 included)

WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT

INSURANCE DEPARTMENT OF: Authority of Insurance Company to take promissory notes for sales of stock.

OFFICIAL OPINION NO. 70. inmates past the age of sixteen years from the Indiana Boys' School to the Indiana Reformatory to serve out a reasonable

Third District Court of Appeal State of Florida

Chapter 2 POLICIES. 201 Scope

CHAPTER 9 FIRE PREVENTION** Article 1. Fire Prevention Code. Be it ordained by the City Council of the City of Wilburton as follows:

CHAPTER 10. BUILDINGS. 1. Article I. In General.

Transcription:

OPINION 68 Acts of 1941, Ch. 139, Sec. 35, as found in Burns' Indiana Statutes (1951 RepL), Section 60-1335. As to your fourth question regarding the responsibilty for enforcement of this provision, the previously stated instances callng for criminal prosecution would be enforceable through local law enforcement agencies. In those instances where no criminal sanction is provided, enforcement would be left entirely to superior offcers within the administration of the department. OFFICIAL OPINION NO. 68 Mr. Arnold H. Meister State Fire Marshal Administrator of Boiler Division 231 State House Indianapolis, Indiana Dear Mr. Meister: December 15, 1954 This is in reply to your two letters to this offce, the latter being November 12, 1954, requesting an Offcial Opinion on the construction of the Acts of 1953, Ch. 66, so you wil be able to determine the extent of state inspection of boilers and pressure vessels in plants owned by the Federal Government and leased to private concerns; plants owned by the Federal Government and used by the Federal Government; and plants owned by private concerns and leased to the Federal Government. The Acts of 1953, Ch. 66, Sec. 2, as found in Burns' Indiana Statutes (1950 RepL, 1953 Supp.), Section 20-633, provides: 248 "From and after the 1st day of July, 1953, it shall be the duty of the owner or user of each steam bòiler, hot water heating boiler, hot water supply boiler, or un,fired pressure vessel installed, used, or operated in this state to maintain or cause the same to be maintained in safe operating condition in accordance with the applicable standards prescribed or provided for by this act pertaining to inspection, repair, and allowable working

1954 O. A. G. presures of boilers and unfired pressure vessels in service; * * *." (Our emphasis) Section 25 of said Act, supra, as found in Burns' Indiana Statutes (1950 RepL, 1953 Supp.), Section 20-656, provides that this Act shall not apply to "(3) Boilers and unfied pressure vessels under federal regulation." Ordinarily, it is within the power of the state to prescrîbe the safeguards and precautions foreseen to be necessary and proper to prevent by anticipation those wrongs and injuries which, after they have been inflicted, the state has the power to redress and to punish (Railroad Commission v. Grand Trunk Western R. Co. (1913),179 Ind. 255, 100 N. E. 852), and it rests solely within the legislative discretion within limits fied by the Constitution to determine when public safety or welfare requires the exercise of the police power. (Walker v. Jameson (1894), 140 Ind. 59, 37 N. E. 402.) In my opinion this type of regulation is a valid exercise of the police power by the Legislature and ordinarily whenever the Legislature acts for the protection of the public welfare, courts wil not give a strict construction to the statute. No place in the Acts of 1953, Ch. 66, supra, is there any definition of the words "owner" or "user," nor is there any specific indication as to who is to be included within the scope of those terms. The Attorney General of Indiana has, in four previous opinions, in not dissimilar situations, concluded that the state was not included in or bound by these regulations where the statute involved did not specifically provide that the state should be included. See: 1949 O. A. G., page 286, No. 75; 1946 O. A. G., page 98, No. 30; 1945 O. A. G., page 233, No. 51; 1953 O. A. G., page 103, No. 22. In 82 C. J. S. Statutes, Sec. 317 at page 557, it is said: "While the general rule that statutes should not be 249

OPINION 68 construed to apply against the sovereign not named therein extends to sovereigns other than the enacting one, a statute which is intended for the benefit of the enacting state, its political subdivisions, citizens, and residents wil not be construed so as to operate for the benefit of the United States." There are a number of other exemptions set forth in the Act particularly in Sections 25 and 26. In considering the question of boilers or vessels owned by the Federal Government or under lease to or from the Federal Government, it is necessary to know more about the location of such boilers. Where the Federal Government has acquired their own land within the territorial limits of the State of Indiana and that area has been ceded by the state to the Federal Government, then for most purposes it is no longer a part of the State of Indiana and is subject to the jurisdiction of the state only for those purposes for which valid exemption in the state statute has been made. See Acts of 1883, Ch. 7, Sec. 1 et seq., as found in Burns' Indiana Statutes (1951 RepL), Section 62-1001. The effect and result of such ceded lands has been discussed in numerous Attorney General's opinions and need not be reiterated here. See: 1943 O. A. G., page 37; 1943 O. A. G., page 259 ; 1944 O. A. G., page 142; 1948 O. A. G., page 411, No. 66. The fact that a privately owned and operated plant has a contract with the Federal Government to produce or manufacture articles or goods under federal supervision does not mean that they are subject to the federal rules and regulations in regard to boilers and unfired pressure vessels. The basic principle upon which the rules of statutory construction are grounded is one of constitutional law by which the Federal Government and its agencies are immune from all state regulation unless the Congress has expressly waived such immunity. The principle involved is that as stated in 81 C. J. S. States, Sec. 7 (b), pages 876, 877, as follows: 250

1954 O. A. G. "In accordance with the general rules discussed supra subdivisions b (1) and b (2) (a) of this section that neither the state nor the federal government may interfere with the jurisdiction of the other or impair the other's sovereignty, and that the United States is supreme within its proper sphere, it is generally held that the activities of the federal government are free from regulation by any state, or, as otherwise expressed, that a state may not regulate the national government in the discharge of its sovereign or governmental functions. So, the police poil)er of a state does not exten to the United States or its transactions." See also: (Our emphasis) Mayo v. United States (1943), 319 U. S. 441, 63 S. Ct. 1137, 87 L. Ed. 1504, 147 A. L. R. 761; United States v. City of Chester (1944), 144 Fed. (2d) 415. The case of Solltt & Sons Constr. Co. v. Commonwealth of Virginia (1934), 161 Va. 854, 172 S. E."290, 91 A. L. R. 774, is authority for the proposition that federal immunity from regulation does not extend to the private contractor performing contracts with the Federal Government. It is my opinion that your question should be answered as follows: 1. It is necessary to first exclude all boilers and vessels which are expressly excluded by the Act including boilers and unfired pressure vessels under federal regulation. 2. Boilers and pressure vessels located on land owned by and ceded to the Federal Government would not be subject to the provisions of the Act and this would be true whether said boiler or pressure vessel be owned by the Federal Government or be leased to it. 3. The Federal Government is not subject to the Act either as owner or user regardless of where boiler is located. 4. If a boiler be located on privately owned land or land owned by the Federal Government but not ceded to the Federal 251

OPINION 69 Government, it would be subject to the provisions of the Act if the boiler or vessel be privately owned and operated or owned by the Federal Government and under lease to a private user, as the private concern is responsible either as owner or user, unless coming within an exception above referred to. 5. If the boiler or vessel be located on land ceded to the Federal Government, it would not be subject to the provisions of the Act, even though it might be under lease to. a private concern. OFFICIAL OPINION NO. 69 Mr. Cecil Bolinger Executive Secretary Public Employes' Retirement Fund 707 Board of Trade Building Indianapolis 4, Indiana Dear Mr. Bolinger: December 16, 1954 This is in reply to your letter requesting my Offcial Opinion. Your letter, in part, is as follows: "Mrs. X is librarian of the Any town Public Library which is a municipality participating under the Public Employes' Retirement Fund. On January 1, 1954 Mrs. X retires and receives from the Public Employes' Retirement Fund an annual retirement benefit of $1,049.00. Her payments to the Public Employes' Retirement Fund with earnings amount to $390.53. The present value of her prospective benefits on July 1, 1954, as computed by the Actuary is $12,285.46. On January 1, 1954 the Public Employes' Retirement Fund transfers the $390.53 in Mrs. X's account to a retirement reserve account. The Fund also transfers $11,- 894.93 from an account containing payments made by the Any town Public Library for its employes to the Retirement Reserve Account so that the balance in the Retirement Reserve Account on January 1, 1954 wil be $12,285.46. 25Z "On July 1, 1954 Mrs. X dies and the Retirement