Attorney General Opinions

Online and Printed Opinions

This database of Attorney General opinions is provided for your convenience. Differences, if any, between online and printed versions are resolved in favor of the printed copy.

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Formal and Informal Opinions

The opinions fall into two broad categories:

  • Formal Opinions
    • Address constitutional issues and matters of statewide concern
    • Are signed by the Attorney General
    • Are listed in the subject index with a four-digit number, i.e. “OP 8246”
  • Informal Opinions
    • Address matters with little or no community impact
    • Are signed by the Chief Counsel of the Department of Justice General Counsel Division
    • Are listed in the subject index with a year and dash, i.e. “OP 1997-1”

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OP 8296

Department of Consumer & Business Services

March 14, 2019

This opinion addresses the use of private entities to perform governmental functions.

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OP 8295

Governor Kate Brown

February 20, 2019

This opinion addresses the enforceability of an 1865 treaty with the Warm Springs tribe with respect to the tribe’s off-reservation hunting rights.

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OP 8294

Oregon Department of Human Services

September 11, 2018

This opinion addresses mandatory child abuse reporting in the context of sexual activity between minors.

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OP 8293

Oregon Health Authority

August 21, 2018

This opinion addresses whether the Oregon Health Authority can disclose in bulk the addresses of medical marijuana grow sites to law enforcement.

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OP-2018-1

Oregon Board of Licensed Professional Counselors & Therapists

February 15, 2018

The right of a noncustodial parent to inspect a child’s records from a licensed professional counselor or a marriage and family therapist.

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OP-2017-2

Physical Therapist Licensing Board

May 19, 2017

This opinion responds to a question about the scope of practice of its licensees. Is the practice of “dry needling” within the scope of practice of a physical therapist licensed in Oregon?

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OP-2017-1

Corporation and Estate Section, Oregon Department of Revenue

April 14, 2017

This opinion responds to a question relating to the use of corporate minimum tax revenues. Is the corporate minimum tax imposed under ORS 317.090 a “tax levied on, with respect to, or measured by” the sale of motor vehicle fuel for purposes of Article IX, section 3a, of the Oregon Constitution as to receipts by corporations that sell motor vehicle fuel?; This opinion responds to a question relating to the use of corporate minimum tax revenues. Is the corporate minimum tax imposed under ORS 317.090 a “tax levied on, with respect to, or measured by” the sale of motor vehicle fuel for purposes of Article IX, section 3a, of the Oregon Constitution as to receipts by corporations that sell motor vehicle fuel?

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OP-2016-2

Oregon Health Authority, Oregon Liquor Control Commission and Oregon State Police

July 20, 2016

This opinion responds to questions regarding possessing both medical and recreational marijuana plants; as well as the question of possessing usable marijuana or marijuana products, concentrates, or extracts made from medical and recreation marijuana plants at the same time.

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OP 8292

Oregon Secretary of State Elections Division

May 4, 2016

ORS 260.695(2) is an election law that prohibits “electioneering” at local and state election offices during times that electors may deposit their ballots. “Electioneering” is expressive conduct protected by free speech guarantees in the Oregon Constitution. The Director of the Secretary of State’s Elections Division asks whether ORS 260.695(2) comports with those free speech guarantees.

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OP 8291

Oregon Government Ethics Commission

April 18, 2016

This opinion answers several questions asked by the Oregon Government Ethics Commission concerning the Public Meetings Law requirement that “representatives of the news media” be allowed to attend executive sessions of public meetings.

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OP 8290

Representative Bill Kennemer

April 18, 2016

This opinion answers a question posed by Representative Kennemer concerning whether the mayor and city council members of the City of Damascus would risk personal liability for expending funds in the manner required by House Bills 3085 and 3086 (2015).

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OP-2016-1

Oregon Commission for the Blind

January 25, 2016

May blind vendors licensed by the Commission to operate vending machines on one or more public properties lawfully subcontract with commercial vendors to service the machines?

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OP 8289

Office of the Governor

June 30, 2015

In 1985, the AG issued an opinion concerning the use of mandatory student incidental fees. Since then, the Oregon law authorizing the fees and the analysis that applies has changed. In light of those developments, the AG has been asked to revisit the 1985 opinion and advise whether its conclusions should still be relied on.

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OP-2014-2

Oregon State Bar

December 10, 2014

This opinion responds to a question regarding whether the Board of Bar Examiners is subject to the Oregon Public Meetings Law.

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OP-2014-1

Oregon State Treasury

October 1, 2014

The State Treasurer asks a question about the payment of bonds issued by or for the benefit of Oregon public universities with institutional governing boards.

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OP 8288

Secretary of State

August 11, 2014

This opinion responds to questions regarding the eligibility of the current State Treasurer, Ted Wheeler, to run for reelection in 2016.

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OP-2013-4

Oregon State Board of Examiners for Engineering and Land Surveying

November 6, 2013

The Board asks two questions about the interplay between the Oregon statutes that govern the professional practices of engineering and land surveying, ORS 672.002 to 672.325, and ORS 215.080, which authorizes county planning commission members, officers and employees to enter upon land and survey it.

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OP-2013-3

Oregon Judicial Department

May 9, 2013

This opinion concerns the permissible use of proceeds from general obligation bonds sold pursuant to the authority of Article XI-Q, section 1, of the Oregon Constitution.

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OP-2013-2

Oregon State Lottery

March 18, 2013

This opinion responds to a number of questions about the authority of the Legislative Assembly to require, or the Lottery Commission (Commission) to undertake, various actions to address responsible gambling and problem gambling.

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OP-2013-1

Health Boards

February 6, 2013

The Health Boards ask whether the practice sites of dispensing practitioners who are exempt from the requirement to obtain a license to practice pharmacy under ORS 689.225(1), are subject to the ‰ÛÏdrug outlet‰Û registration requirement imposed by ORS 689.305.‰ÛÜ

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OP-2012-2

Public Utility Commission of Oregon

August 2, 2012

This advice responds to the question of whether the provision of alternative energy subsidies to a “qualifying facility” that sells electric energy to a utility under PURPA’s mandatory purchase provisions is preempted by the Public Utility Regulatory Policies Act of 1978 (PURPA), if those subsidies are funded by the three percent public purpose charge imposed on ratepayers by ORS 757.612.

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OP-2012-1

Oregon State Police

January 19, 2012

This advice responded to questions involving the federal Controlled Substances Act and the Oregon Medical Marijuana Act, and Oregon law provisions requiring the return by law enforcement officers of seized medical marijuana to authorized medical marijuana users.

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OP-2011-2

Housing and Community Services Dept.

October 5, 2011

This advice responds to questions related to whether a nonprofit corporation with certain characteristics may act as a “public housing agency” in Oregon.

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OP-2011-1

Klamath County DA Office

March 9, 2011

This opinion addresses questions about whether a county may lawfully provide a city with county road funds for use on city roads in exchange for the city providing the county with city general funds to help pay for operation of the county correctional facility.

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OP-2010-6

Oregon State Lottery

October 21, 2010

Ballot Measure 75 (2010) is a statutory initiative (Initiative Petition 77, 2010) that proposes to authorize a privately-owned casino that could operate up to 3,500 electronic gaming devices and Keno, as well as other forms of gambling. This opinion responds to questions regarding the Oregon State Lottery’s potential involvement in the operation of the casino’s electronic gaming devices and Keno game if Ballot Measure 75 is approved by the people.

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OP-2010-5

Oregon Legislature/Department of Education

September 7, 2010

This opinion addresses questions regarding the interpretation of ORS 329.488, which requires the Oregon Department of Education to contract with a qualified vendor to administer a nationally normed test to all tenth-grade public school students, and of Oregon Laws 2009, chapter 824, section 1, which requires the Oregon Department of Education to grant waivers to eligible school districts to use their own qualified vendors to administer such a test.

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OP-2010-4

DMV

August 25, 2010

This opinion responds to questions about whether the Driver and Motor Vehicles Services Division (DMV) may sell an exclusive license to the Department of Administrative Services (DAS) to provide electronic access to certain DMV records without violating Article IX, section 3, of the Oregon Constitution.

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OP-2010-3

Office of the State Treasurer

August 5, 2010

This opinion addresses the factors that the Oregon Investment Council (OIC) and the Oregon State Treasurer (Treasurer) may consider when establishing and implementing investment policies for the Oregon Public Employees Retirement Fund (OPERF).

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OP-2010-2

Department of Human Services/Public Health Division

June 14, 2010

This letter of advice responds to questions concerning Oregon’s Medical Marijuana Act and whether the Oregon Health Authority must issue medical marijuana registry identification cards to non-Oregon residents.

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OP-2010-1

Oregon State Lottery

January 22, 2010

This letter of advice responds to questions regarding the “social games” exception to Oregon laws that prohibit gambling.

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OP-2009-1

Secretary of State

April 7, 2009

This opinion is issued in response to several questions from the Audits Division of the Office of the Secretary of State regarding the use of certain lottery funds for Oregon State Fair (“State Fair”) purposes.

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OP-2008-3

Oregon Tourism Commission

November 14, 2008

This advice responds to questions about the meaning of “tourism-related facilities,” as the term is used in ORS 320.350, and eligibility for lodging tax revenue.

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OP 8287

Department of Public Safety Standards and Training

November 10, 2008

This opinion responds to a question from the director of the Department of Public Safety Standards and Training regarding statutory qualifications for county sheriffs and the constitutional power of home rule counties to prescribe qualifications for county officers.

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OP 8286

The Honorable Peter Courtney, Senate President

October 30, 2008

This opinion responds to a series of questions related to the Guarantee Clause provision of the United States Constitution.

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OP-2008-2

Secretary of State, Elections

May 13, 2008

This advice responds to questions about the responsibility of the Secretary of State to investigate alleged violations of certain election laws that prohibit the making of false statements.

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OP-2008-1

Terri Sahli, Risk Manager, Department of Administrative Services

April 29, 2008

This advice responds to questions regarding the Department of Administrative Services’ authority over state agencies’ contracts, and whether it can require indemnity and insurance clauses in those contracts.

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OP 8285

Boards of Medical Examiners, Dentistry, Nursing, and Pharmacy

December 14, 2007

This opinion responds to a request from the Boards of Medical Examiners, Dentistry, Nursing, and Pharmacy for advice about ORS 676.175 (3)(d), which exempts the “reports of expert witnesses” from the mandatory disclosure requirement in that statute

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OP-2007-4

November 20, 2007

November 20, 2007

This advice responds to a question regarding the confidentiality of information related to the practice of real estate sellers making sales concessions or allowances to facilitate residential real estate transactions

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OP-2007-3

Department of Human Services.

May 24, 2007

This advice responds to questions regarding reimbursement rates for payments to DHS long term care facilities.

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OP 8284

Driver and Motor Vehicles Services Branch

March 19, 2007

This opinion responds to a question from the Department of Transportation about its range of discretion under ORS 809.440(1)(d) with respect to drivers’ license suspensions or revocations.

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OP-2007-1

Department of Administrative Services

March 19, 2007

This advice responds to questions about the authority of the Department of Administrative Services over payment of costs to restore a damaged building that is owned by the State Board of Higher Education.

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OP-2007-2

Bureau of Labor and Industries

March 19, 2007

This advice responds to a question from the Bureau of Labor and Industries regarding the authority of the Construction Contractors Board to suspend contractors’ licenses for nonpayment of a civil penalty imposed for failing to respond to a prevailing wage rate survey.

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OP 8283

Oregon State Lottery.

February 1, 2007

This opinion responds to questions related to whether the Oregon State Lottery may provide debt collection services to other state agencies.

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OP-2006-3

Oregon University System

December 21, 2006

This opinion responds to questions regarding ORS 315.521, which governs tax credits for donors to venture development funds that are established for developing state university research into commercial ventures.

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OP-2006-2

Annette Talbott, Deputy Commissioner, Bureau of Labor and Industries

August 22, 2006

This advice was issued in response to questions about the applicability of exemptions from Oregon’s Prevailing Wage Rate Law when a project is funded or “contracted for” through a grant.

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OP-2006-1

State Board of Psychologist Examiners

May 17, 2006

This advice was issued in response to a request by the State Board of Psychologist Examiners, to interpret two exemptions to ORS 675.020, which requires that persons practicing psychology in the State of Oregon be licensed by the State Board of Psychologist Examiners.

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OP 8282

Health Professional Regulatory Boards

April 20, 2006

This opinion responds to questions posed by the health professional regulatory boards that are subject to ORS 676.175(3), which was amended by the 2005 Legislative Assembly to impose a new duty on boards to disclose investigatory information to licensees or applicants.

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OP-2005-3

Department of Administrative Services

May 20, 2005

This advice was issued to answer the question of whether the Department of Administrative Services Risk Management Division has authority under ORS 278.405 to provide liability insurance coverage to the Columbia River Gorge Commission and its members.

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OP-2005-2

Oregon Watershed Enhancement Board

May 18, 2005

This advice was issued in response to questions about the Oregon Watershed Enhancement Board’s legal responsibilities as the agency designated to administer moneys expended for natural resource purposes pursuant to Article XV, section 4b of the Oregon Constitution.

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OP-2005-1

Oregon Housing & Community Services

May 13, 2005

This advice was issued in response to questions from Oregon Housing & Community Services (OHCS) about the applicability of Oregon’s prevailing wage laws to the construction of low-income, multi-unit housing that is financed with OHCS loans.

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OP 8281

The State Land Board

April 21, 2005

This opinion responds to questions from the State Land Board about ownership and use of waterways in this state.

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OP 8280

Driver and Motor Vehicles Services Division, Department of Transportation

November 4, 2004

This opinion was issued in response to questions about the accident reporting requirements for police officers who intentionally collide with or otherwise intentionally damage a vehicle while in the performance of their official duties, and DMV’s responsibilities if an officer fails to file an accident report when one is required.

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OP-2004-2

Bruce A. Warner, Director, Oregon Department of Transportation

February 26, 2004

This advice was issued to answer a question about the method of computing the rate of interest to be paid by a public contracting agency upon settlement or judgment in favor of the contractor regarding any dispute as to the compensation due the contractor.

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OP-2004-1

Barry Jones, Manager of Enforcement, Oregon Occupational Safety and Health Division.

January 5, 2004

This advice responds to questions from the Division regarding OR-OSHA’s jurisdiction over inmates participating in prison work programs.

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OP 2003-2

Brenda Rocklin, Director, Oregon State Lottery

September 12, 2003

This advice was issued in response to the question of whether ORS 461.030 preempts the City of Grants Pass Development Code Ordinance 14.640 as that ordinance relates to video lottery machines.

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OP 8279

State Land Board and Division of State Lands

May 9, 2003

This opinion responds to an inquiry about the extent to which the State Land Board (Board), and the Division of State Lands (DSL) acting pursuant to the Board’s authorization, may pay the expenses of managing state lands from moneys constitutionally dedicated to the Common School Fund (Fund)

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OP-2003-1

Mike Marsh, Executive Deputy Director, Oregon Department of Transportation

January 21, 2003

This advice was issued in response to a question regarding the manner in which the Use Fuel Tax Law applies to transactions at “cardlock” fueling facilities.

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OP-2002-6

Neal Weatherspoon, CPA, CISA, Office of the Secretary of State, Audits Division

July 30, 2002

This advice was issued to respond to the question of whether the Secretary of State, or one of its auditors, may obtain and review expunction judgments, which by statute are confidential unless released by court order, for the purpose of auditing the Juvenile Justice Information System (JJIS).

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OP-2002-5

John Shilts, Administrator, Workers' Compensation Division

July 11, 2002

This advice was issued to address questions about statutes that require the Department of Consumer and Business Services (DCBS) to select and contract with assigned claims agents to process workers’ compensation claims against noncomplying employers, and permitting the assigned claims agent to employ legal counsel of his or her choice so long as the Attorney General authorizes the selected counsel to act as a special assistant attorney general.

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OP 8278

Department of State Police

July 3, 2002

This opinion responds to three questions about the applicability of a constitutional provision, Article XV, section 10, of the Oregon Constitution, that prohibits the state from using certain forfeited property and proceeds for law enforcement purposes, to federal forfeitures. Article XV, section 10 was added to the constitution as a result of the voters’ approval of Ballot Measure 3 on November 7, 2000.

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OP-2002-4

Catherine Pollino, Director, Audits Division, Secretary of State

May 28, 2002

This advice was issued to respond to the requestor’s questions regarding the provisions of Article XV of the Oregon Constitution that authorize use of State Lottery money to restore and protect Oregon’s wild salmon id populations, watersheds, fish and wildlife habitats and water quality.

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OP-2002-3

Steven Marks, Chief of Staff to Governor Kitzhaber

April 3, 2002

This letter of advice was issued in response to the question of whether counties could withdraw from the SB 1145 (1995) state/county community corrections partnership if the Legislative Assembly were to enact a new budget law as part of a budget rebalance plan that reduces ODOC’s line item appropriation for community corrections to reflect a zero adjustment for inflation for the remaining months of the biennium.

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OP-2002-2

Steven W. Barnham, Executive Director, Oregon Racing Commission, and Clifton D. Lewis, Director of Business Services, Oregon State Fair and Exposition Center.

March 22, 2002

This opinion was issued to answer the requestors’ question regarding ownership of portable horse stalls purchased by the Oregon State Fair and Exposition Center with “special track fund” money.

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OP-2001-1

Jo Ann Bones, Executive Director, Board of Dentistry

September 21, 2001

This advice was issued in response to questions from the Board of Dentistry regarding the practice of dentistry within the state of Oregon

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OP 8277

Governor Kitzhaber

February 13, 2001

This opinion was issued in response to questions from Governor Kitzhaber concerning Ballot Measure 7, which was proposed through initiative petition and approved by the people at the general election held on November 7, 2000. Measure 7 amended Article I, section 18, of the Oregon Constitution to require state and local governments to pay compensation to property owners if a government regulation reduces the value of their property.

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OP 8276

Chuck Smith, Director, Debt Management Division, Oregon State Treasury

February 6, 2001

This opinion was issued in response to a question from Chuck Smith, Director of the Debt Management Division of the Oregon State Treasury, concerning Article XI-K of the Oregon Constitution, which authorizes the state to guarantee general obligation bonds issued by school districts, education service districts and community college districts (school bonds).

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OP 8275

The Honorable Dan Gardner, State Representative

January 23, 2001

This opinion was issued in response to questions from The Honorable Dan Gardner, State Representative, regarding the candidacy of a district attorney for reelection.

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OP 8274

Bill Bradbury, Secretary of State

January 2, 2001

This opinion responds to a question from Secretary of State Bill Bradbury concerning ORS 260.174, a statute generally regulating campaign contributions and expenditures by and to public officers and candidates for public office while the Legislative Assembly is in session.

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OP-2000-2

Dan Hartman, Administrator, Risk Management Division, Department of Administrative Services

September 18, 2000

This opinion responds to several questions about the authority of the Department of Administrative Services (DAS) to reimburse legal expenses incurred by a state employee in successfully defending against a criminal prosecution.

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OP 8273

Greg McMurdo, Executive Legal Officer, Oregon Department of Education

September 13, 2000

This opinion was issued in response to questions from Greg McMurdo, Executive Legal Officer, Oregon Department of Education, about public charter schools.

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OP 8272

Chuck Smith, Director, Debt Management Division, Oregon State Treasury

September 1, 2000

This opinion was issued in response to questions about the possible effects of an initiative measure that will appear as Ballot Measure 93 (the Measure) on the ballot for the general election on November 7, 2000.

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OP 2000-1

Dianne Middle, Director, Department of Public Safety Standards and Training

July 11, 2000

This opinion responds to several questions concerning the effect on the Department of Public Safety Standards and Training (DPSST) of an order issued under ORS 137.225 setting aside a person’s conviction and sealing the official records in the case underlying the conviction.

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OP 8271

Lorna Youngs, Deputy Director, Driver and Motor Vehicle Services Division, Oregon Department of Transportation

February 23, 2000

This opinion was issued in response to a question concerning the use of Highway Funds to implement and administer provisions of Oregon Laws 1999, chapter 1099 (House Bill 3292) that require ODOT to place a positive drug test result on an employment driving record and provide an opportunity for a hearing.

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OP 8270

Chuck Smith, Director, Debt Management Division, Oregon State Treasury

January 26, 2000

This opinion was issued in response to questions concerning the sale of bonds and certificates of participation issued by the State of Oregon through electronic media.

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OP 8269

Nancy Ellison, Deputy Commissioner of the Insurance Division, Department of Consumer and Business Services

November 3, 1999

This opinion was issued in response to a question from Nancy Ellison, Deputy Commissioner of the Insurance Division of the Department of Consumer and Business Services. The requestor asked whether national banks must comply with Oregon insurance laws when offering debt cancellation programs.

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OP-1999-2

Peter W. Spirup, Lieutenant, Office of Professional Standards, Department of State Police

July 13, 1999

This opinion responded to several questions regarding Oregon State Police (OSP) enforcement of an administrative rule adopted by the Oregon Department of Administrative Services (DAS) governing the use of state buildings and grounds in the Capitol Mall area

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OP 8268

The Honorable Jackie Taylor, State Representative

May 25, 1999

This opinion was issued in response to a question from The Honorable Jackie Taylor, State Representative, concerning state income taxation of health insurance coverage of domestic partners.

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OP-1999-1

Paul Cleary, Division of State Lands

April 9, 1999

This letter of advice responded to questions concerning the authority of the State Land Board (board) to modify its leasing programs for state-owned submerged and submersible lands in light of legislative and administrative exemptions covering certain structures on those lands.

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OP 8267

Jon Yunker, Director, Oregon Department of Administrative Services

March 30, 1999

This opinion was issued in response to a question from Jon Yunker, Director, Oregon Department of Administrative Services, concerning the state personal income tax treatment of private pension income.

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OP 8266

Colleen Sealock, Director, Elections Division, Office of Secretary of State

March 10, 1999

This opinion was issued in response to questions regarding the constitutionality of ORS 260.522, which prohibits most anonymous signs, publications and broadcasts used in political campaigns.

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OP 8265

the Honorable Brady Adams, President of the Senate, and the Honorable Lynn Lundquist, Speaker of the House of Representatives

February 24, 1999

This opinion was issued in response to questions from the Honorable Brady Adams, President of the Senate, and the Honorable Lynn Lundquist, Speaker of the House of Representatives, regarding the meaning and scope of Article IV, section 9, of the Oregon Constitution.

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OP 8264

The Honorable Lane Shetterly, State Representative

February 22, 1999

This opinion was issued in response to questions presented by the Honorable Lane Shetterly, State Representative, regarding The Oregon Death With Dignity Act, ORS 127.800 to 127.995 (the Act).

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OP 8263

Fred McDonnal, Executive Director, Public Employees Retirement System

January 22, 1999

This opinion responded to questions concerning the applicability of Article XI, section 15, of the Oregon Constitution to proposed legislation increasing the retirement benefits of PERS retirees.

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OP-1998-7

Kingsley W. Click, State Court Administrator

November 12, 1998

The requestor asked for advice regarding the handling of requests received by the Oregon Judicial Department under the Americans with Disabilities Act (ADA) for “process interpreters” to assist individuals with cognitive disabilities who are involved in a court proceeding.

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OP-1998-6

David S. Cook, Director, Department of Corrections

November 6, 1998

The letter responds to several questions concerning receipt of a stay of execution after commencement of the execution of a condemned inmate by lethal injection.

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OP 8262

Mark Huddleston, Jackson County District Attorney

September 29, 1998

This opinion was issued in response to questions concerning the legal status of the Greensprings Livestock District.

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OP 8261

Jan Curry, Manager, Driver and Motor Vehicles Services Branch of the Oregon Department of Transportation.

September 18, 1998

This opinion was issued in response to question about ORS 802.175 to 802.191, enacted as Chapter 678, Oregon Laws 1997 (House Bill 2096) governing the disclosure and redisclosure of personal information from motor vehicles records.

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OP 8260

Elizabeth Harchenko, Director, Department of Revenue

August 26, 1998

This opinion was issued in response to a question concerning the effect of the possible annexation of Wheeler County to Gilliam County on the use of “host fees” received by Gilliam County from a regional solid waste landfill and a hazardous waste disposal site located in Gilliam County.

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OP 8259

Chris Dearth, Legislative Director, Office of the Governor

August 7, 1998

This opinion was issued in response to questions from Chris Dearth, Legislative Director, Office of the Governor, concerning application of the state lobbying regulations, ORS 171.725 to 171.785, to certain activities by state employees.

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OP-1998-5

Dianne Middle, Director, Department of Public Safety Standards and Training

July 13, 1998

The requestor asked several questions regarding the effect of 1997 amendments to ORS 181.875, pertaining to certification of private security personnel.

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OP-1998-4

Senator Neil Bryant, Representatives Dennis Luke and Ben Westlund

June 11, 1998

This opinion was issued in response to a request to review a letter opinion the requestors received from Legislative Counsel concerning the treatment under Article XI, section 11, of the Oregon Constitution (Measure 50) of certain expiring serial levies that voters approved as local option taxes during the first year of implementation of Measure 50.

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OP-1998-3

Dave Henderson, Legislative Administrator, Legislative Administration Committee

June 9, 1998

The requestor asked for advice regarding the handling of requests for copies of telephone billing records for members of the Oregon Legislative Assembly.

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OP 8258

The Honorable Kurt Schrader, State Representative

June 2, 1998

This opinion was issued in response to a request from The Honorable Kurt Schrader, State Representative, concerning possible legislation that would authorize school districts to impose a system development or other charge, known as a “school impact” fee, on developers of real property for the costs of capital construction of public schools needed to serve the residents of the development.

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OP-1998-2

Kathleen Haley, J.D., Executive Director, Board of Medical Examiners

May 27, 1998

The requestor asked us to review Oregon Laws 1997, chapter 131 (Senate Bill 99), which amends ORS 742.400, and to provide advice on its implementation. ORS 742.400 relates to reports that medical malpractice insurers provide to the Board of Medical Examiners (BME).

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OP 8257

Health care professional regulatory boards subject to SB 235 (1997)

April 29, 1998

This opinion was issued in response to a number of questions from the health professional regulatory boards that are subject to Oregon Laws 1997, chapter 791 (Senate Bill 235, codified in part as ORS 676.165 and 676.175). Their questions concerned the effect of that law on the boards’ investigations and its confidentiality requirements.

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OP 8256

Pamela S. Erickson, Administrator, Oregon Liquor Control Commission

April 27, 1998

The requestor asked whether an OLCC rule, OAR 845-007-0015(1)(c), which bans television and radio advertisement of distilled spirits, violates the law. We concluded that the rule violates Article I, section 8, of the Oregon Constitution.

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OP-1998-1

Craig P. Smith, Deputy Administrator, Construction Contractors Board

March 31, 1998

The requestor asked whether the activities of servicing residential septic tanks can create a construction lien for the labor used in performing the work.

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OP 8255

Edward Johnson II, State Registrar, Center for Health Statistics, Oregon Health Division

March 9, 1998

The requestor asked whether ORS 432.121, which was enacted as Oregon Laws 1997, chapter 783 (House Bill 2174), has any effect on the public’s access to marriage records filed in a county clerk’s office.

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OP 8254

The Honorable Brady Adams, President of the Senate

February 10, 1998

The requestors asked whether a deputy district attorney, actively employed as such, is eligible to serve as a member of the Oregon Legislative Assembly, and, if not, whether he or she would be eligible to serve while on a leave of absence during the legislative session.

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OP 8253

William C. Scott, Director, Oregon Economic Development Department

December 8, 1997

This opinion was in response to questions concerning the effects of newly enacted Article XI, section 11, of the Oregon Constitution on tax exemptions for qualified properties under the Enterprise Zone Act of 1989, ORS 285.560 to 285.617, or for properties of “key industry” development projects under ORS 285.399, 285.765(3) and 307.123.

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OP-1997-6

Kathleen Haley, Executive Director, Board of Medical Examiners

November 7, 1997

The requestor asked questions regarding Oregon Laws 1997, chapter 792 (Senate Bill 467), specifically, its effect on voting requirements and investigations of the Board of Medical Examiners.

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OP-1997-5

Bill Wyatt, Chief of Staff, Office of the Governor

October 8, 1997

The requestor asked whether contributions to the Executive Residence Account are deductible for purposes of federal and Oregon income tax.

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OP 8252

Dale Orr, Administrator, Fiscal Services Division, Public Employees Retirement System

August 27, 1997

The requestor asked if public employers who participate in the Public Employees Retirement System (PERS) are “beneficiaries” of the Public Employees Retirement Fund (PERF).

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OP-1997-4

L. Patrick Hearn, Executive Director, Oregon Government Standards and Practices Commission

August 13, 1997

The requestor asked whether meetings of the State Professional Responsibility Board (SPRB) are exempt from the requirements of the Oregon Public Meetings Law, ORS 192.610 to 192.690.

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OP 8251

Timothy J. Colahan, Harney County District Attorney

June 17, 1997

The requestor asked whether ownership of stock and participation in a dividend reinvestment plan by the Harney County Library, an agency of Harney County, is prohibited by Article XI, section 9, of the Oregon Constitution.

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OP 8250

Senator Ken Baker and Senator Joan Dukes, Oregon Legislative Assembly

June 2, 1997

The requestors asked several questions concerning special motor vehicle license plate programs and 1997 Senate Bills 372 and 1099, which propose to establish special license plate programs similar to ORS 805.205 and Oregon Laws 1993, chapter 741, section 113, in order to generate revenue for non-highway purposes.

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OP 8249

Claudia L. Howells, Railroad Services Coordinator, Oregon Department of Transportation

May 8, 1997

The requestor asked if 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, are preempted by the federal ICC Termination Act of 1995 (the Act).

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OP 8248

C. Gregory McMurdo, Deputy Superintendent of Public Instruction.

May 7, 1997

The requestor asked whether the Legislative Assembly has 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 be the state superintendent.

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OP-1997-3

Kerry E. Barnett, Director, Department of Consumer and Business Services

April 24, 1997

The requestor asked several questions regarding ORS 244.045, relating to subsequent employment of certain officials in the Department of Consumer and Business Services.

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OP-1997-2

James H. Stevenson, Captain, Patrol Services Division, Oregon State Police

March 18, 1997

The requestor asked whether Measure 40, which was approved by voters in the November 1996 general election, changed Oregon law with respect to the legality of roadblocks used to detect persons driving under the influence of intoxicants (DUII).

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OP 8247

Gary Bruebaker, Deputy State Treasurer

March 17, 1997

This opinion concerned the effect of Ballot Measure 47, which was approved by voters at the November 5, 1996, general election, on the state’s authority to levy taxes to repay state general obligation bonds.

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OP 8246

Richard Munn, Director, Oregon Department of Revenue

February 24, 1997

This is the second opinion we have issued concerning the effects of Ballot Measure 47, which was approved by the people November 5, 1996. The Measure added Article XI, section 11g of the Oregon Constitution, which limits ad valorem property taxes.

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OP-1997-1

Cecil R. Monroe, Administrator, Division of Finance and Corporate Securities, Department of Consumer and Business Services

January 24, 1997

The requestor asked whether a lender that is approved by the federal Housing and Urban Development (HUD) agency for participation in mortgage insurance programs under the National Housing Act (NHA) is exempt from the interest rate limitations imposed by ORS 82.010(3).

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