Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 35 Number 3 contents: Page ii - Staff of Department of Justice. Page 413 Opinion No. 6793 - In an election for President of the Senate, if Candidate A received 15 voted and Candidate Band C receive 15 votes between them, is Candidate A elected? and other related questions. Page 429 Opinion No. 6794 - May s national convention for the purpose of proposing amendments to the United States Constitution be effectively limited to one subject? and other related questions. Page 440 Opinion No. 6795 - May the State Marine Board prescribe minimum and maximum horsepower for power bots operating on U.S. Bureau of Reclamation reservoirs which have been established as county parks? Page 442 Opinion No. 6796 - May a newly found park and recreation district levy a tax as provided in ORS 266.420 without first having an election to establish a tax base? Page 445 Opinion No/ 6797 - Does the Scenic Waterways Law, and particularly ORS 390.845(2), give the State Highway Commission the authority and duty to regulate the construction, widening and improvement of state highways, as well as other roads, within the area restricted by the Scenic Waterway Law? Page 448 Opinion No. 6798 - Is a conflict of interest likely to occur if a district attorney prosecutes a county assessor's appeal to the Department of Revenue from a decision of the county board of equalization? Page 454 Opinion No. 6799 - May a county clerk deduct a fee from child support payments paid by a father before transmitting the funds to the mother? Page 463 Opinion No. 6800 - Does the constitutional prohibition against payment of "compensation" to members of the Senate after the first five days of the session and until the Senate was organized, also prohibit payment of the $20 per diem allowance "for expenses not otherwise provided for"? and other related questions. Page 472 Opinion No. 6801 - Does title to the Military Headquarters Building in Salem automatically vest in the Executive Department, upon expiration of the present lease with the Public Employees Retirement Board on December 31, 1974? Page 480 Opinion No. 6802 - Is the Port of Portland a "municipality" under definitions contained in federal law, for purposes of qualifying it to receive a federal grant for the construction and operation of sewerage works? Page 483 Opinion No. 6803 - May the state make tuition grants, either directly to religious institutions of higher education, or to students attending such institutions? and other related questions. Page 493 Opinion No. 6804 - Does HB 1262, which authorizes funds of local governmental bodies to be deposited in federal or state savings and loan associations, conflict with Article XI, Section 9 of the Oregon Constitution? Page 500 Opinion No. 6805 - May the County Commissioner, or the people through exercise of the referendum power, place upon the ballot the question of whether a county building (other than a courthouse) should be constructed? Page 504 Opinion No. 6806 - Should dividends on State Accident Insurance Fund premiums, paid from revenue accruing to Higher Education building projects financed under Art. XI-F of the Oregon Constitution, be paid to the General Fund? and other related questions. Page 515 Opinion No. 6807 - Does Article V, Section 4 of the Oregon Constitution require that the election results for the Office of Governor be published in he presence of a formally organized Senate, before the Governor - elect may legally assume the duties of the Governor's Office? Page 521 Opinion No. 6808 - Must a port district assess a tax levy within its district each fiscal year in order to maintain its approved tax base? Page 524 Opinion No. 6809 - Do the federal laws regulating cigarette labeling and advertising preempt any legislation regulating or prohibiting the advertising of cigarettes in this state? Page 530 Opinion No. 6810 - May a home rule county establish policies for the retention and destruction of county records, without complying with ORS chapter 192? Page 533 Opinion No. 6811 - Are documented vessels which engage in charter operations within the state required to be registered with the State Marine Board? Page 537 Opinion No. 6812 - Do the Superintendents of MacLaren School for Boys and Hillcrest School of Oregon have authority to permit students to take "authorized absences" from the school for purposes of home visitation, job interviews or other such reasons? Page 541 Opinion No. 6813 - May a municipal corporation be in violation of the Federal Refuse Act of 1899 if it operates a sanitary landfill dump in a manner permitting refuse to be deposited into navigable waters? Includes table of cases and subject index.