Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon vol. 38 number 1 contents: Page ii - Staff of Department of Justice. Page 1 Opinion No. 7311 - Once a determination of navigability stream has been made by the Division of State Lands under ORS 274.034, is the State of Oregon and its subdivisions and agencies prohibited from moving the head of navigability on that stream further upstream? and other related questions. Page 10 Opinion No. 7312 0 May a state agency which provides states - owned housing to officers or employees made reductions from fair rental value in addition to reductions adopted by rule by the Department of General Services? Page 14 Opinion No. 7313 - Is per diem remuneration paid to members of the legislative assembly prior to 1950, pursuant to Article IV, Section 29 of the Oregon Constitution to be treated as compensation for services rendered to the state and to be utilized to compute the total employee contributions necessary to effectuate full membership in the Public Employees Retirement System in the Public Employees Retirement System under Oregon Laws 1975, ch. 137? Page 20 Opinion No. 7314 - Do oil and gas leases entered into by the Division of State Lands subject those lands to ad valorem taxation by reason of ORS 307.110? and other related questions. Page 26 Opinion No. 7315 - Does the withdrawal of one of the members of a committee sponsoring voters' petitions for the creation of a people's utility district invalidate the petition? and other related questions. Page 34 Opinion No. 7316 - Are the "Guidelines for Implementation of Enrolled House Bill 2145" (Oregon Laws 1975, ch. 424), adopted by the Mental Health Division, "rules" within the meaning of ORS 183.310(7) and thus subject to the rule - making requirements of the Administrative Procedure Act? Page 41 Opinion No. 7317 - Are the yearly installments, used to liquidate the deficit in the reserve account created by ORS 237.277(2), to come only from that portion of the earnings from investments of the Public Employees Retirement Fund which is in excess of the assumed interest rate attributable to the individual employee account balances? and other related questions. Page 50 Opinion No. 7318 - Can an Intermediate Education District Board ban the tape recording of its official public proceedings? and other related questions. Page 58 Opinion No. 7319 - May a corporation which is a bank subsidiary under ORS 708.430(2) be issued a license to make loans under ORS ch. 725, the Oregon Consumer Finance Act? and other related questions. Page 67 Opinion No. 7320 - Where a statute requires that school districts be reimbursed 30 percent for certain special education programs, but the amount appropriated for the biennium appears clearly not sufficient for both years yet adequate for the first year, must the full 30 percent be reimbursed the fist year although only a small amount will be available the second year? Page 69 Opinion No. 7321 - Do the licensing provisions of the Electrical Safety Law preclude municipalities from requiring local examination and licensing of electrical workers who have already been licensed by the state pursuant to ORS 479.620 et seq.? and other related questions. Page 75 Opinion No. 7322 - May an investment of the Common School Fund be sold at a loss for purposes of reinvesting the proceeds of the sale at a higher interest rate, resulting in greater income to the fund? and other related questions. Page 82 Opinion No. 7323 - Does the Department of Higher Education have authority to contract for the selling of computer services to Willamette University? Page 87 Opinion No. 7324 - Are concrete pump trucks subject to ad valorem taxation? Page 91 Opinion No. 7325 - Do the provisions of the Willamette River Greenway statutes (ORS 390.310 to 390.368) grant to any person any right to use or trespass on private land? and other related questions. Page 97 Opinion No. 7326 - Does the Health Facilities Cost Review Commission have authority to require detailed accounting and reporting by hospitals, as opposed to reporting rate, revenues generated by rate, and operating expenses or costs in the aggregate? Page 100 Opinion No. 7327 - May a "specialty builder," such as a plumbing or electrical contractor, who registers with the Builders Board pursuant to ORS Chapter 701 for work on residential projects, be required by a city or county to register under local law as a condition precedent to performing work on commercial or industrial construction projects within such city or county? Page 103 Opinion No. 7328 - Can Multnomah County obtain access to personal income tax returns, filed with the Department of Revenue, of businesses subject to its Business License Tax? and other related questions. Page 108 Opinion No. 7329 - Does Rule 851-20-186 of the Board of Nursing, which requires license renewal applicants to submit "satisfactory evidence of performance of nursing practice by a peer review," conflict with the legislatively enacted program for regulation of nurses? Page 115 Opinion No. 7330 - Does the State Building Code apply to public water reservoirs, water and sewage plants, and similar facilities constructed on public land? Page120 Opinion No. 7331 - Would the pre - marking of prices on malt beverages and wine by a manufacturer or wholesaler prior to sale or delivery to a retail licensee, without charge to the retail licensee therefor, constitute financial or other material assistance to the retail licensee prohibited by ORS 471.415 or other statutes? Page 123 Opinion No. 7332 - Does the inclusion of private property within the boundaries of the Willamette River Geeenway Plan give the state any additional authority to exercise the power of eminent domain with regard to that private property? and other related questions. Page 129 Opinion No. 7333 - Does the Military Department have authority to contract for construction of armories without going through the Department of General Services? and other related questions. Page 134 Opinion No. 7334 - Does ORS 689.110 and 689.350 require a person to obtain an itinerant vendors license for distribution of samples of a drug described in ORS 689.350, in a door - to - door premarketing survey? Page 137 Opinion No. 7335 - Is the Corrections Division required to reimburse local jurisdictions for the cost of incarcerating parolees held in local jail facilities for parole revocation proceedings? Contents continued to page 171. Includes table of cases and subject index.