Opinions of the Attorney General of the State of Oregon

Opinions of the Attorney General of the State of Oregon Vol. 48 contents: Page iii - Staff of Department of Justice. Page 1 Opinion No. 8237 - Does the United States Constitution permit the federal government to hold and manage land in Oregon for purposes other than those specified in Article I, Section 8, Clause 17? And related questions. Page 15 Opinion No. 8238 - Would the combined video lottery game terminals and racing activities authorized by Enrolled House Bill 3411 (1995) constitute a casino as prohibited by the Oregon Constitution? And related questions. Page 8239 - Is there any existing authority that would authorize state, county or city police or fire officials to order the mandatory evacuation of an area due to an imminent threat of fire causing human death or injury? And related questions. Page 40 Opinion No. 8240 - Are recognized student governments at Oregon State System of Higher Education institutions, such as the Associated Students of the University of Oregon, required to obtain legal advice only from the Department of Justice? Page 53 Opinion No. 8241 - Is ORS 260.174 preempted by the Federal Election Campaign Act of 1971 (FECA) with respect to contributions made during legislative sessions to legislative or statewide officials who are also candidates for federal office or who have federal principal campaign committees from previous campaigns. Page 58 Opinion No. 8242 - Does federal banking law preempt Oregon law with respect to Sunday operations? And related questions. Page 8243 Opinion No. 67 - Ballot measurer 47 (1996) provides that, if it is necessary to allocate revenue reductions resulting from its property tax limitations, it shall be done in a manner so as to prioritize public safety and public education and to minimize loss of local control of cities and counties to state government. How are these objectives to be accomplished? And related questions. (See also No. 8246 below). Page 105 Opinion No. 8244 - Subsection (1) of ballot measure 45 (1996) raises the "normal retirement age" pf public employees, except police officers and firefighters. a) Doe the exception for police officers and firefighters apply to persons with police and fire membership status under the Public Employees' Retirement System (PERS), or persons who are commonly understood to be police officers and firefighters? b) How would the change in "normal retirement age" affect current PERS members? c) Would subsection (1) prohibit application of ORS 238.280(2)(b), which permits a general service member with 30 or more years of creditable service and prior service credit to retire at any age with unreduced benefits? And related questions. Page 134 Opinion No. 8245 - To what extent, if any, is the Oregon Department of Corrections subject to: (a) state minimum and prevailing wage laws, (b) the state unemployment insurance law, (c) the state occupational safety laws; (d) federal minimum and prevailing wage laws, (e) federal income tax withholding and reporting, and (f) federal employment taxes, with respect to inmate labor performed under Article I, section 41, of the Oregon Constitution? And related questions. Page 241 Opinion No. 8246 - Supplement to 40 Op Atty Gen 67 concerning Article XI, section 11g, of the Oregon Constitution which was approved by the people as ballot measure 47 at the November 5, 1996 general election. Page 314 Opinion No. 8247 - Would the levy of an ad valorem property tax to repay bonded debt incurred through the sale of general obligation bonds issued by the State of Oregon pursuant to Articles XI-A, XI-E, XI-F(1), XI-G, XI-H, XI-I(1), XI-I(2), or XI-J of the Oregon Constitution require voter approval under Article XI, section 11g, of the bonds are issued after the effective date of that section? Page 331 Opinion No. 8248 - Does the Legislative Assembly have the constitutional authority to repeal existing statutes providing for the election of the State Superintendent of Public Instruction (state superintendent) and to provide instead that the Governor shall be the state superintendent? Page 338 Opinion No. 8249 - Are ORS 823.073 and 823.075, which require approval from the Oregon Department of Transportation (department) before railroads may abandon their agencies located within Oregon, preempted by the federal ICC Termination Act of 1995. Page 345 Opinion No. 8250 - Senate Bills 372 and 1099 propose to establish programs for special motor vehicles license plates similar to ORS 805.205 and Oregon LAWS 1993, Chapter 741, Section 113, in order to generate revenue for nonhighway purposes. Each program charges a fee in addition to the usual fee for registering a vehicle or renewing the registration. Are such additional fees a "tax or excise on the ownership, operation or use on motor vehicles" within the meaning of Article IX, Section 3a, of the Oregon Constitution? Page 351 Opinion No. 8251 - Is ownership of stock and participation in a dividend reinvestment plan by the Harney Court Library, an agency of Harney County, prohibited by Article XI, Section 9, of the Oregon Constitution? Includes a table of contents, a table of cases and a subject index.