Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 37 Number 5 Contents: Page ii - Staff of Department of Justice. Page 718 Opinion No. 7189 - Is a bingo game or raffle, operated by a non-profit organization, a lottery if no contribution or purchase is necessary for an individual to participate, but contributions are accepted by the organization sponsoring the game or raffle at the time that the cards or tickets are distributed? Page 721 Opinion 7190 - May an employer discontinue employer contributions to fringe benefits such as medical insurance, while a legislator is on leave of absence from his employment to attend the legislative session? and other related questions. Page 732 Opinion No. 7191 - May teachers be withdrawn from a county service district organized under ORS chapter 451, within the jurisdiction of a local government boundary commission, without a vote of the people? and other related questions. Page 740 Opinion No. 7193 - ORS 167.117(4) states that free play pinball machines are not "gambling devices," as that tem is used in the state gambling laws. Does this statute preclude cities and home - rule counties from prohibiting the possession or operation of such machines within their boundaries, as the City of Portland has done by section 14.68.270 of its municipal code? Page 746 Opinion No. 7194 - May monies in the Highway Fund be used for the purpose of publicizing horse racing activities at the State Fair Grounds, which are not held in conjunction with the State Fair? Page 751 Opinion No. 7195 - After a minor political party has been organized by petition of registered electors, may a person be legally nominated as a candidate of that party at a convention whose official participants include persons not registered as members of that party? and other related questions. Page 759 Opinion No. 7196 - ORS 767.030 and 767.730 exempt farmers, subject to certain conditions, from the regulatory and highway use tax provisions of ORS ch. 767. Does this exemption extend to farmers from state other than Oregon? Page 765 Opinion No. 7197 - May the requirements of the Real Estate Settlement Procedures Act of 1974 (Public Law 93-533) be legally imposed on the State Department of Veterans' Affairs on its intrastate lending activities? Page 769 Opinion No. 7198 - Oregon Laws 1975, ch. 285 (HB 2822) eliminated all statutory requirements and references to the licensing of retailers of contraceptive devices and preparations, with the apparent intent of authorizing retail sale of such items without a license, but did not amend ORS 435.010 and 435.030, prohibiting sale of such items without a license, and prohibiting sale by wholesalers and manufacturers to unlicensed retailers. Is the effect of ch. 285 to prohibit sale to or by retailers of contraceptive devices and preparations? Page 773 Opinion No. 7199 - Is the Department of Transportation required to receive competitive bids before selling property which is no longer needed? and other related questions. Page 778 Opinion No. 7200 - Under Oregon Laws 1975, Chapter 278, will the Teacher Standards and Practices Commission have authority to require that athletic coaches in the public school system be certified as meeting certain minimum standards established by the commission? Page 783 Opinion No. 7201 - May a city impose upon state park employees a duty to collect a tax, for revenue purposes only, similar to a hotel "room tax", upon users of composites at a state park within the city? Page 787 Opinion No. 7202 - Is it permissible for the State Board of Education to establish a policy whereby the public schools may provide area in classrooms or elsewhere where displays of religious as well as other cultural significance may be presented for a limited period on a first - come, first - serve basis? Page 793 Opinion No. 7203 - May a legislator effectively direct that the state withhold a part of compensation to which he is unconditionally entitled? and other related questions. Page 797 Opinion No. 7204 - For what periods are the increased motor carrier weight - mile taxes and elective flat fess prescribed by Oregon Laws 1975, ch. 785 applicable? and other related questions. Page 801 Opinion No. 7205 - Many taxing districts in the State of Oregon have authority to levy taxes within their base, to levy a serial levy approved for any previous years, or to levy for the payment of bond principal and interest. The authority is not always sufficient to finance the operations of the district. Several such districts will not obtain approval from the voters to levy the remainder of the taxes necessary to finance the operations of the district in time to have the levy extended on the assessment roll which is turned over to the tax collector on October 15. Does the law Permit such as district to levy without the vote of the people and certify that levy to the assessor within the time provided by ORS 310.060, and then later, after voter approval of an additional levy, certify that levy to the assessor for extension on the roll by the tax collector under ORS 310.065? Page 812 Opinion No. 7206 - Does Oregon Laws 1975, ch. 772 (HB 3023), which becomes effective September 13, 1975, affect a contract between a general contractor and a subcontractor executed prior to the effective date of the Act? and other related questions. Page 819 Opinion No. 7207 - Do counties have the authority to regulate activities within their jurisdiction which result in soli erosion and sedimentation? and other related questions. Page 825 Opinion No. 7208 - Is a district judge, formerly a member of the Public Employees' Retirement System, elected under Oregon Laws 1969, ch. 332 to become a member of the Judges' Retirement System and made contributions necessary to qualify himself for longevity retirement benefits under the Judges' Retirement System for service commencing before 1961, is such judge on retirement entitled only to receive the retirement benefits made applicable by the 1969 Act and still effect (ORS 1,340), or the higher benefits provided before 1961 under the Judges' Retirement System? Page 832 Opinion No. 7209 - When a common school district has been divided into zones for the nomination of directors, must the candidate be elected at large in the district? Page 835 Opinion No. 7210 - What is the effective date of Oregon Laws 1975, ch. 672, section 18-20 (enrolled House Bill 2008)? Includes table of cases and subject index.