Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 38 Number 3 contents: Page ii - Staff of Department of Justice. Page 497 Opinion No. 7391 - May the State of Oregon, consistent with constitutional requirements, prohibit a state employee from accepting employment with a regulated entity, where such employee had previously worked for the regulatory agency? and other related questions. Page 504 Opinion No. 7392 - May the legislature permit cities, counties, special districts and other municipal corporations (including councils of government) to participate in the State Liability Fund and State Restoration Fund without violating Article XI, Section 7 of the Oregon Constitution? Page 510 Opinion No. 7393 - May the legislature by statute require the nonpartisan nomination and election of county clerks, assessors, surveyors, treasurers and sheriffs? Page 514 Opinion No. 7394 - May the Fish and Wildlife Commission establish, by rule, a definition of blind person in order to qualify for a free engling license, which is more restrictive than the definition set forth under ORS 346.110? and other related questions. Page 521 Opinion No. 7395 - May the Fish and Wildlife Commission, after determining that a given run of food fish in the Columbia River and tributaries is large enough for harvest, arbitrarily allow a sports fishery bot no commercial fishery on the given rule? Page 526 Opinion No. 7396 - May a public employee, who works irregular hours and had "no fixed working hours" participate in any political campaign for candidates or issues? Page 528 Opinion No. 7397 - May an Oregon taxing authority, specifically Tri - Met, impose a tax on Oregon employers to finance a transportation system that operates outside the State of Oregon? Page 531 Opinion No. 7398 - Is a defendant required to pay a plaintiff's appearance fee in order to file a third party complaint, in addition to or instead of the defendant's appearance fee? Page 535 Opinion No. 7399 - Is the resurfacing of a paved road with two or more inches of asphaltic concrete a "public improvement" as the phrase is used in ORS 279.023? and other related questions. Page 538 Opinion No. 7400 - Should money received by the Builders Boards under ORS 701.065(2) be deposited as provided in ORS 701.065(2) be deposited as provided in ORS 701.245 or should the money be considered a civil penalty and deposited as provided in ORS 701.992? Page 542 Opinion No. 7401 - When that attorney for the petitioner during the course of a suit for dissolution of marriage files a property settlement agreement to which both parties have stipulated, and assuming for the purpose of this question that the respondent does not make any other appearance, has the respondent made an appearance within the terms of ORS 21.110 so as to require the county clerk to collect a filing fee from the respondent? and other related questions. Page 545 Opinion No. 7402 - Does the Executive Department have responsibility for coordinating data processing activities for the Legislative Assembly, the courts, the Secretary of State and the State Treasurer? Page 550 Opinion No. 7403 - Is the Oregon Government Ethics Commission, as it is presently structured, unconstitutional? Page 555 Opinion No. 7404 - Does ORS 469.320 require that the Energy Facility Siting Council issue a site certificate prior to commencement or work intended to increase the amount of radioactive spent fuel which may be stored on the site of the Trojan nuclear power plant? Page 563 Opinion No. 7405 - Is storage of radioactive spent fuel from a nuclear power plant on the site of such plant prohibited or rendered illegal by ORS 459.630? Page 571 Opinion No. 7406 - Where an employer has paid an amount equal to its payroll to a bank, the as "service - trustee" then drew on itself wage checks made payable to individual employees, and checks remain outstanding and uncashed after seven years; is the amount equal to the uncashed checks total "abandoned property" under ORS 98.302 - 98.436, the Uniform Disposition of Unclaimed Property Act, which must be paid to the Division of State Lands, notwithstanding any claim by the employer? Page 578 Opinion No.7407 - Assuming that the state has an indebtedness of $50,000 and assuming further that funds have been appropriated only for payments due during the current biennium, are the following personal property lease agreements, lease - purchase contracts and installment purchase contracts void under article XI, Section 7 of the Oregon Constitution: (a) A contract to lease equipment on a monthly rental basis for a period of five years. (b) A lease - purchase agreement on a monthly rental basis with an original lease term from December 15, 1976 to June 30, 1977, three optional renewal terms, and provision for final lease term payment of the balance of the contract if an option is not exercised. (c) A twelve - month lease - option agreement, on a monthly rental basis, not extending beyond the current biennium, with provision that the lease is subject to legislative appropriation, and with warranty that rent will be paid from funds legally available. (d) A lease - purchase agreement, on a monthly rental basis, for a lease period of sixty months, with provision for release of liability for further payments if funds are not appropriated for any future fiscal period. In such event, the state would be liable for restoration of the equipment to full operational and good working order, and to average good condition and appearance for equipment of this age and type, if not is such order and condition at the time of repossession. Provisions of the contract which would be in conflict with law are deemed inoperative to that extent. Page 584 Opinion No. 7408 - Does ORS 496.162 require the Fish and Wildlife Commission to repeal all angling rules annually, and, in accordance with ORS Ch. 183, to readopt in full all rules which it proposes to retain without changes? Contents continued to page 688. Includes a table of cases and a subject index.