Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon: 1997 - 2001 Volume 49 contents: Page 1 - Are public employers who participate in the Public Employee Retirement System "beneficiaries" of the Public Employee Retirement Fund? Page 6 - Does the expression "disqualified from exemption, partial exemption or special assessment," under the newly adopted Article XI, section 11(c)(E), of the Oregon Constitution, apply to: (a) Expiration of an enterprise zone exemption after three, four or five years under ORS 285.579(3), 285.605(3),(4) or (6)? (b) Expiration of a key industry development project exemption after fifteen years under ORS 307.123(1)(b)? And related questions. Page 14 - Is a deputy district attorney, actively employed as such, eligible to serve as a member of the Oregon Legislative Assembly? If not, would he or she be eligible while on a leave of absence during the legislative session? Page 21 - Does ORS 432.121 effect the public's access to marriage records filed in a county clerk's office? Page 27 - Does OAR 845-007-0015(1)(c), which bands television and radio advertisement of distilled spirits, violate the law? Page 32 - Are all persons who hold a form of "license" as defined in ORS 183.310(4) from a "health profession regulatory board" covered by the term "license: in ORS 676.165 and 676.175? And related questions. Page 77 - May the legislation be structured so that the school impact fee would not be a "tax" for purposes of Article XI, section 11b(3)(b), of the Oregon Constitution, which requires voter approval of bonds used to fund capital construction if the "taxes" to repay the bond debt are not to be subject to the rate limitations of section 11b? And related questions. Page 90 - Are any of the following activities by a state employee "lobbying" for purposes of ORS 171.725 to 171.785? (a) Creating and preparing testimony to be presented at a legislative hearing that takes a position on a legislative measure? (b) Waiting to testify at a legislative hearing in support of or opposition to a legislative measure? (c) Testifying at a legislative hearing in support of or opposition to a legislative measure? (d) Discussing a legislative measure with a legislator in the legislator's office, when the discussion includes not only information, but reasons why the agency employee, representing the position of the Governor, thinks it is a good or bad idea? (e) Developing legislative measures, including holding or attending stakeholder meetings for approval or compromise during the interim, which may or may not result in pre-session or session filing of a legislative measure? (f) Pre-session work on agency budgets to be presented to the legislature as appropriation bills? (g) Pre-session meetings with stakeholders discussing the proposed agency budget? (h) Session testimony stating support of the agency budget? And related questions. Page 112 - If Wheeler County is dissolved and some or all of its territory is added to Gilliam County, could Gilliam County lawfully provide the economic development programs funded by "host fees" only to citizens and businesses located in Gilliam County's original area, and not to citizens or businesses located in areas that were formerly part of Wheeler County? Contents continued .....................