Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 39 Number 32 contents: Page ii - Staff of Department of Justice. Page 475 Opinion No. 7696 - If an employee's wages are subject both to a court - ordered wage assignment under ORS 23.777 or 23.783 for child or spousal support, and to a wage garnishment, in determining the amount, if any, available for garnishment, is the amount paid under the wage assignment subtracted from aggregate disposal before computation of the amount to garnishment, or is it subtracted from the amount subject to garnishment after computation of that amount? Page 459 Opinion No. 7697 - Was passage by the 1977 Oregon Legislative Assembly of SJM 2, memorializing Congress to call a convention to propose a constitutional amendment requiring a balanced federal budget, legally sufficient under United States Constitution Art. V to place Oregon among those states calling for such a constitutional convention? Page 462 Opinion No. 7698 - Under ORS 481.105(2), which provides for current registration of campers and travel trailers, whether or not used on the highways, and ORS 481.512, which provides for continuous registration of campers and travel trailers, must the Motor Vehicles Division make a reasonable attempt to collect delinquent fees when an owner has failed to register or re-register a camper or travel trailer? And related questions. Page 463 Opinion No. 7699 - May delinquent amounts due under an Oregon court order for child support be collected though the United States Internal Revenue Service pursuant to 42 USC sec 652(b), notwithstanding that the obligor is making all payments required under a Uniform Reciprocal Enforcement of Support Act (URESA) support order requiring smaller payments than the Oregon order? Page 467 Opinion No. 7700 - May the grant of a zone change by a city be based on conditions such as dedication of property, an agreement to limit the uses to which the property will be put, or an agreement to obtain approval of construction plans, etc.? And related questions. Page 474 Opinion No. 7701 - Does the Department of Human Resources have authority to accept less than the full amount of a support debt owed to the department in compromise or settlement of that debt? And related questions. Page 478 Opinion No. 7702 - If a port issues industrial revenue bonds under ORS 777.250, or port management revenue bonds under ORS 777.210 and 777.560, may it levy a special tax under ORS 777.520 to redeem such bonds? Page 480 Opinion No. 7703 - Is a written personnel evaluation of a community college president, including materials gathered for its preparation, exempt by law from public inspection? And related questions. Page 481 Opinion No. 7704 - May the legislature limit and specify election dates for all cities, counties and other governmental districts in the state? Page 484 Opinion No. 7705 - What is the current effect of ballot measure 5 (the Denture Technology Act) upon the practice andf advertising of denture technology in Oregon? Page 484 Opinion No. 7706 - Is ORS 279.037(1)(d), which authorizes disqualification of a bidder for repeated breaches of public and private contracts, constitutional because of the vagueness of the term "repeatedly?" And related questions. Page 489 Opinion No. 7707 - Does the Wage and Hour Commission have jurisdiction to regulate a governmental entity with regard to the entity's employment of individuals under 18? Page 492 Opinion No. 7708 - Is it a violation of Article IX, section 3, of the Oregon Constitution for the Motor Vehicles Division to expend funds received from gas and fuel taxes to cover the expense of carrying out the provisions of ORS 482.950, which provides for voter registration material and assistance in Motor Vehicles Division field offices? And related questions. Page 494 Opinion No. 7709 - Do the provisions of ORS 308.256 and 308.515 exempt maritime cargo containers from ad valorem property taxation? And related questions. Page 498 Opinion No. 7710 - For how long, and on what grounds, if any, may state or local police officers detain persons suspected of being illegal aliens, if those persons were originally arrested for violation of a state law or local ordinance, but grounds for continued detention based on the original arrest charge no longer exist? Page 502 Opinion No. 7711 - If a hospital proposes to make a capital expenditure in excess of $150,000 for the purpose of constructing a building for use as professional offices unrelated to any hospital functions, does the expenditure require a certificate of need under ORS 442.300 to 442.360? Page 505 Opinion No. 7712 - Is the Coos and Curry County Fair Association a tax exempt non-profit corporation or a public corporation? Page 508 Opinion No. 7713 - Does a juvenile court, when it commits a child to the Children's Services Division or at any other time, have jurisdiction to order any particular treatment plan or placement in a particular facility? Page 511 Opinion No. 7714 - May the provisions of OAR 863-10-010, which prohibit the "featuring" of a salesperson in any real estate advertisement, be interpreted by the Real Estate Division to also prohibit the "featuring" of a salesperson by means of a picture of that salesperson? And related questions. Page 516 Opinion No. 7715 - Is a customer of a public utility who has taken advantage of a company's subsidized loan for weatherization entitled to a state tax credit after the subsidized loan has bee paid? Page 517 Opinion No. 7716 - Under ORS 274.440(1), who is entitled to accretions or relictions to lands of a riparian owner on a navigable meandered lake after May 25, 1921, the riparian owner or the state? Page 525 Opinion No. 7717 - Does the Oregon Public Meetings Law require that all votes of "governing bodies" be recorded and made available to the public? And related questions. Page 528 Opinion No. 7718 - When acting under authority of ORS 484.110, may a weighmaster who issues a citation for violation of ORS 483.502 to 483.536 then also arrest the operator and take him before a magistrate? And related questions. Page 539 Opinion No. 7719 - May the Motor Vehicle Accident Fund (MVAF) or the Crime Victim Compensation Division (CVCD) ignore the actual period of medical / financial need on which a determination of indigency is based and deny an award because the injured party secures employment between the time of the injury and the agency's award determination, the anticipated or actual income from which renders the person ineligible for assistance as an indigent, even through the Adult and Family Services Division (AFSD)finds before the employment is obtained that the person is eligible for public assistance and makes maintenance payment based on that finding? And related questions. Page 546 Opinion No. 7720 - Does the Lane County Metropolitan Wastewater Service District have condemnation powers, including power to condemn sites outside the district boundaries? And related questions. Page 549 Opinion no. 7721 - May a county contract with the State of Oregon to engineer, let construction contracts for and supervise a project for the improvement of county roads? And related questions. Page 552 Opinion No. 7722 - If a person who has been found not responsible for criminal conduct due to mental disease or defect continues to suffer from mental disease or defect and continues to be substantially dangerous to himself or others, and if the maximum period for which the person could have been sentenced was more than ten years, is the board's jurisdiction nevertheless limited to ten years? And related questions. Page 558 Opinion No. 7723 - Is it constitutionally permissible to provide that the duties of the county clerk as clerk of the circuit and district courts shall be performed by a trial court administrator? Page 560 Opinion No. 7724 - What criteria may the Senate use under Or Const. Art. III, Sec. 4 when considering confirmation of the Governor's appointees? And related questions. Page 567 Opinion No. 7725 - If a successful candidate for election as a member of the legislature is accused of having made a false statement or material fact relating to his campaign, does a court have the authority to determine whether the candidate shall be deprived of his election? Page 569 Opinion No. 7726 - Does the State Treasurer, as investment officer for the state and for the Local Government Investment Pool, have the authority to enter into reverse repurchase agreements? Page 572 Opinion No. 7727 - Can money in the Grade Crossing Protection Account established by ORS 763.330 be used for construction of connecting trackage and switches when the construction would improve the safety of a grade crossing? And related questions. Page 574 Opinion No. 7728 - Must the State Forester declassify land under the Western Oregon Small Tract Optional Tax when the owner of more than 10 acres of land changes the use or sells a potion of the land and as a result has only 10 acres or less of forest land remaining in his ownership? And related questions. Page 577 Opinion No. 7729 - Under what legal authority is the Coast Fork of the Willamette River included under the Willamette River Greenway restrictions? And other questions. Page 583 Opinion No. 7730 - Does the liability for Industrial Accident Fund contributions of certain subcontractors, imposed by ORS 656.556 on a "person letting the contract," apply if that "person" is the state or a political subdivision of the state? And related questions. Page 587 Opinion No. 7731 - Would A - Engrossed Senate Bill 255, if passed, violate Art. XI, Section 2 of the Oregon Constitution? Contents continued to page 628. Includes table of contents, a table of cases and subject index.