Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 39 Number 4 contents: Page ii - Staff of Department of Justice. Page 629 Opinion No. 7740 - Does the Public Utility Commissioner have authority to direct public utilities to purchase from their customers cogenerated power if such a purchase would be cost effective? Page 630 Opinion No. 7741 - Is OS 250.845, which provides for the winner to be chosen by lot if a legislative election race results in a tie vote, valid under Or. Const. Art. IV, Sec. 3? Page 633 Opinion No. 7742 - Does the Board of County Commissioners for Klamath County or the Klamath County Board of Health have the ultimate authority to reject or accept health care projects for the county? Page 635 Opinion No. 7743 - Does the Oregon Bottle Bill, and particularly ORS 459.850(3) and (4), prohibit the use in Oregon of "stay - on - tab" beverage containers? Page 636 Opinion No. 7744 - Where the State Treasurer elects to contract his safekeeping duties for the Insurance Commissioner with a qualified bank pursuant to ORS 731.642, may the safekeeping relationship be conducted directly between the Insurance Commissioner and the qualified bank? Page 637 Opinion No. 7745 -If SJR 7 is enacted, may the transfer of unrefunded marine fuel taxes to the Marine Board be continued? Page 640 Opinion No. 7746 - If an individual or corporation makes a qualified investment in depreciable real or tangible personal property within an economically lagging area and is thereby entitled to a tax credit under ORS 316.093 or 317.0707, may the tax credit be passed through to a lessee? Page 645 Opinion No. 7747 - May private funds expended by a community mental health program component be considered as county funds for the purpose of generating matching state funds under ORS 430.650? And related questions. Page 649 Opinion No. 7748 - May the legislature constitutionally provide by law that current members of a board or commission shall continue indefinitely as such members, without regard to expiration of their terms and without power in the Governor to remove them, until a final decision is made on a matter before the board or commission? Page 654 Opinion No. 7749 - Are various state employee benefit plans in compliance with the 1978 amendments to the federal Age Discrimination and Employment Act of 1967? And related questions. Page 659 Opinion No. 7750 - Can collection charges be added to student loans by the Department of Higher Education? And related questions. Page 666 Opinion No. 7751 - May a participating public employer "pick up" part or all of the otherwise required public employee contributions to the Oregon Public Employees Retirement System? Page 670 Opinion No. 7752 - Does Secs. 2(1, 1(5) and 3(1) of the Denture Technology Act (Act) (Ballot Measure No. 5, 1978) require every dental laboratory technician to be either certified as a denturist or supervised by a certified denturist when constructing dentures? And related questions. Page 687 Opinion No. 7753 - Under OAR 860 46 520, must radio transmitter receivers carried on trains transporting hazardous materials in Oregon be capable of maintaining constant communication with the office of the train dispatcher, regardless of the physical characteristics of the terrain through which the train may be traveling? Page 688 Opinion No. 7754 - In the context of Oregon's building code law, how shall the Energy Conservation Board interpret the term "maximum energy conservation" in ORS 456.755(1)? Page 690 Opinion No. 7755 - Must a person proposing to alter a natural, freshwater wetland area by a removal of material from the bed or banks thereof or by a fill of material therein be required to obtain a permit under OS 541.615? Page 692 Opinion No. 7756 - May the legislature by joint resolution plan on the general election ballot a question asking the advice of the voters concerning whether a proposed amendment to the United States Constitution should be ratified? And related questions. Page 693 Opinion No. 7757 - Does a circuit judge have authority to order the sheriff to furnish an additional courtroom, at county expense? Page 695 Opinion No. 7758 - Does the Director of Veterans' Affairs have authority to expend money in the Oregon War Veterans' Fund or the Oregon War Veterans' Bond Sinking Fund for acquisition or construction of a building to house a Department of Veterans' Affairs, or expend those funds to conduct a feasibility study for the same purpose? Page 698 Opinion No. 7759 - May the Legislative Assembly limit the definition or otherwise limit the scope of an audit conducted by the Secretary of State pursuant to Article VI, Section 2 of the Oregon Constitution? And related questions. Page 703 Opinion No. 7760 - Does subsection (4) of ORS 192.660, which permits representatives of the news media to attend executive sessions of a public body, deny to other private citizens the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution or the equal privileges and immunities guaranteed by Article I, Section 20 of the Oregon Constitution? And related questions. Page 706 Opinion No. 7761 - May a school district accept services such as the right to utilize facilities as partial consideration for the sale of school district real property? And related questions. Page 708 Opinion No. 7762 - May a provision be included in ORS 442.300 through 442.360 requiring nursing homes to accept a quota of patients whose fees are paid by public welfare (welfare patients) as a condition of receiving certificates of need? Page 717 Opinion No. 7763 - May an education service district (ESD) provide to schools services for curriculum improvement and special educations programs under its general operating powers, without obtaining school district resolutions or agreements for reimbursement under procedures provided in ORS 334.175? Page 721 Opinion No. 7764 - Does Oregon's Public Records Law, ORS 192.410 to 192.500, permit a county to refuse to allow a person to copy, using the person's own equipment, maps which are public records, or permit a county to decline to make available a duplicate copy of a magnetic tape containing public records? And related questions. Page 726 Opinion No. 7765 - Are Deputy Public Defenders members of the exempt service or members of the unclassified service under ORS Ch. 240? And related questions. Page 728 Opinion No. 7766 - Does either the definition of "wildlife" in ORS 496.004912) or the statement of wildlife policy in ORS 496.012 restrict the jurisdiction of the Fish and Wildlife Commission only to wildlife indigenous to the State of Oregon? Page 732 Opinion No. 7767 - Does the Oregon Constitution require that a separate accounting be maintained for the deferred compensation of employees whose salaries are paid from constitutionally dedicated funds? Page 734 Opinion No. 7768 - Does the applicant for approval of a subdivision have the burden of proof of adequacy of existing or planned school facilities, to accommodate anticipated increase in school enrollment? And related questions. Page 738 Opinion No. 7769 - May the State Treasurer compensate banks for the banking services they provide the state? Page 742 Opinion No. 7770 - Does the administrative rule, establishing a minimum wage for minors in the summer of 1979 which is 80 percent of the adult minimum wage provided in ORS 653.025, violate ORS 659.015, 659.022 or 659.030? And related questions. Page 748 Opinion No. 7771 - Does the Water Policy Review Board have authority under ORS 536.300 to formulate an integrated, coordinated program for the water of the Upper Klamath River Basin? And related questions. Contents continued to page 779. Includes table of contents, a table of cases and a subject index.