Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1982

Opinion Question Conclusion(s) Issued
82-1003 What is the effective date of Proposition 6, approved by the voters at the June 8, 1982, primary election? The effective date of Proposition 6, approved by the voters at the June 8, 1982, primary election, is June 8, 1982, at 8:00 p.m., by virtue of section 4 of the proposition itself.

Official Citation: 65 Ops.Cal.Atty.Gen. 656 		12/30/1982
82-904 Does section 9263 of the Vehicle Code require the Department of Motor Vehicles to assess a separate fifteen dollar investigation service fee against a licensed automobile dismantler for failure to comply with each subdivision of that section, or is only one investigation service fee assessable per vehicle under that section? Section 9263 of the Vehicle Code requires the Department of Motor Vehicles to assess only one fifteen dollar investigation service fee against a licensed automobile dismantler per vehicle for failure to comply with the provisions of that section irrespective of the number of subdivisions the dismantler fails to observe or follow.

Official Citation: 65 Ops.Cal.Atty.Gen. 626 		12/23/1982
82-902 Is interest or dividend income derived from the investment of campaign funds subject to the same use restrictions as are imposed upon such funds by sections 12400 through 12407 of the Elections Code? Interest or dividend income derived from the investment of campaign funds is subject to the same use restrictions as are imposed upon such funds by sections 12400 through 12407 of the Elections Code.

Official Citation: 65 Ops.Cal.Atty.Gen. 588 		10/15/1982
82-901 Are the offices of city councilman and school district board member incompatible where the city and the school district have territory in common? The offices of city councilman and school district board member are incompatible where the city and the school district have territory in common.

Official Citation: 65 Ops.Cal.Atty.Gen. 606 		12/07/1982
82-812 May a closed-circuit monitoring system (in which a video camera and viewing monitor are connected by cable) be used by a bus operator to observe the passengers located in a trailer vehicle hitched to the bus? A closed-circuit monitoring system (in which a video camera and viewing monitor are connected by cable) may be used by a bus operator to observe the passengers located in a trailer vehicle hitched to the bus.

Official Citation: 65 Ops.Cal.Atty.Gen. 615 		12/16/1982
82-808 Does the Fish and Game Commission have the authority to prohibit the captive breeding of raccoons for the pet trade? The Fish and Game Commission has the authority to prohibit the captive breeding of raccoons for the pet trade.

Official Citation: 65 Ops.Cal.Atty.Gen. 648 		12/30/1982
82-803 Does article XIII A of the California Constitution or Revenue and Taxation Code section 93 affect the authority of a California water district to levy assessments to pay the principal and interest on bonds issued to finance the construction of water and sewer system projects, where the bonds were approved by two-thirds of the voters at an election held after July 1, 1978? Neither article XIII A of the California Constitution nor Revenue and Taxation Code section 93 affects the authority of a California water district to levy assessments to pay the principal and interest on bonds issued to finance the construction of water and sewer system projects, where the bonds were approved by two-thirds of the voters at an election held after July 1, 1978.

Official Citation: 65 Ops.Cal.Atty.Gen. 603 		12/02/1982
82-802 In light of a final superior court judgment providing that the Office of Administrative Hearings "is precluded by Government Code sections 11370.3 and 11512(d) from using electronic recording devices to record any Administrative Procedure Act hearing," may the Office continue to use such devices in those hearings if the parties waive the requirement of a "phonographic reporter" contained in Government Code section 11512(d)? In light of a final superior court judgment providing that the Office of Administrative Hearings "is precluded by Government Code sections 11370.3 and 11512(d) from using electronic recording devices to [report] any Administrative Procedure Act hearing," that Office may not continue to use such devices in those hearings even if the parties waive the requirement of a "phonographic reporter" contained in Government Code section 11512(d).

Official Citation: 65 Ops.Cal.Atty.Gen. 682 		12/31/1982
82-704 May a California peace officer carry a sawed-off shotgun for law enforcement purposes if authorized by the agency that employs the officer? A California peace officer may carry a sawed-off shotgun for law enforcement purposes if authorized by the agency that employs the officer.

Official Citation: 65 Ops.Cal.Atty.Gen. 674 		12/31/1982
82-703 Does the California Savings and Loan Commissioner have the authority under section 5500.5 of the Financial Code to adopt "parity regulations" authorizing state- licensed savings and loan associations to exercise "due on sale" clauses contained in their loan contracts? The Savings and Loan Commissioner does not have authority under section 5500.5 of the Financial Code to adopt "parity regulations" which would permit state-licensed savings and loan associations to exercise "due-on-sale" clauses contained in their loan contracts.

Official Citation: 65 Ops.Cal.Atty.Gen. 489 		08/17/1982
82-701 1. Is the California Community College Student Government Association (CCCSGA) subject to the open meeting requirements of the Bagley-Keene Open Meeting Act (Gov. Code, § 1120 et seq.)?

2. If the CCCSGA is a private association which is not subject to the Bagley-Keene Open Meeting Act, can its representatives sit on committees that administer student travel funds pursuant to section 71040 of the Education Code?

3. Can community college students be reimbursed for travel to CCCSGA meetings pursuant to section 71040 of the Education Code? 		1. Meetings of the State Board of the California Community College Student Government Association (CCCSGA) are subject to the open meeting requirements of the Bagley-Keene Open Meeting Act (Gov. Code, § 11120 et seq.) by virtue of section 11121.7 of that act. Whether meetings of the various committees of the CCCSGA are subject to the open meeting requirements of the act requires an analysis of the origin of the committee, its composition, and its duties in light of sections 11121.2, 11121.7, and 11121.8 of the act.

2. Whether or not the CCCSGA is subject to the Bagley-Keene Open Meeting Act has no bearing upon whether its representatives may sit on committees that administer travel funds allowed pursuant to section 71040 of the Education Code.

3. Community college students may not be reimbursed for travel to meetings of the CCCSGA pursuant to section 71040 unless all the special criteria set forth in that section for such reimbursement are met.

Official Citation: 65 Ops.Cal.Atty.Gen. 638 		12/30/1982
82-604 May a person who was defeated in the June 8, 1982, primary election for the office of district attorney run as a write-in candidate for that office in the November general election? A person who was defeated in the June 8, 1982, primary election for the office of district attorney may run as a write-in candidate for that office in the November general election.

Official Citation: 65 Ops.Cal.Atty.Gen. 482 		08/13/1982
82-602 May a private corporation engage in the business of facilitating the registration of motor vehicles for compensation? A private corporation may engage in the business of facilitating the registration of motor vehicles for compensation if the vehicle owner informs the Department of Motor Vehicles that the corporation is his representative and the department grants permission to the corporation to act as such representative.

Official Citation: 65 Ops.Cal.Atty.Gen. 598 		11/30/1982
82-510 1. Does chapter 186, Statutes of 1982, which authorizes California race tracks to handle wagers on certain out-of-state horse races, raise a substantial equal protection question as between bettors at different race tracks by providing for separate wagering pools and pay-offs at each track on the same race?

2. Does chapter 186, Statutes of 1982, conflict with the intent and purpose of the Horse Racing Law as set forth in section 19401 of the Business and Professions Code?

3. Does chapter 186, Statutes of 1982, conflict with the definition of "parimutuel wagering" as set forth in section 19411 of the Business and Professions Code?

4. Does the system of parimutuel betting contemplated by chapter 186, Statutes of 1982, for out-of-state races fall outside the jurisdiction of the Horse Racing Board since section 19420 of the Business and Professions Code states that the board's jurisdiction is "over meetings in this state where horse races with wagering on their results are held or conducted"? (Emphasis added.) 		1. Chapter 186, Statutes of 1982, does not raise any substantial equal protection question as between bettors at different race tracks who wager on the same race but in different parimutuel pools.

2. Chapter 186, Statutes of 1982, does not conflict with the intent and purpose of the Horse Racing Law as set forth in section 19401 of the Business and Professions Code.

3. Chapter 186, Statutes of 1982, does not conflict with the definition of "parimutuel wagering" as set forth in section 19411 of the Business and Professions Code.

4. The system of parimutuel betting contemplated by chapter 186, Statutes of 1982 does not fall outside the jurisdiction of the Horse Racing Board.

Official Citation: 65 Ops.Cal.Atty.Gen. 549 		09/17/1982
82-508 May a state prisoner who is confined under a determinate sentence for a crime committed prior to January 1, 1983, be held in state prison after his or her anticipated good-time release date has expired if prison administrative proceedings or criminal proceedings are pending which could result in the loss of good-time credits? If so, how long may the prisoner be retained in prison beyond the anticipated good-time release date? A state prisoner who is confined under a determinate sentence for a crime committed prior to January 1, 1983, may be held in state prison after his or her anticipated good-time release date has expired if prison administrative proceedings or criminal proceedings are pending which could result in the loss of good-time credits. The prisoner may be so retained in prison for a period no longer than the maximum number of days which might be forfeited as a consequence of his or her misconduct.

Official Citation: 65 Ops.Cal.Atty.Gen. 668 		12/31/1982
82-505 Do the open meeting requirements of the Ralph M. Brown Act apply to that portion of a retirement board meeting held pursuant to the County Employees Retirement Law of 1937 which involves the discussion of medical records which are submitted in connection with an application for disability retirement? The open meeting requirements of the Ralph M. Brown Act do not apply to that portion of a retirement board meeting held pursuant to the County Employees Retirement Law of 1937 which involves the discussion of medical records which are submitted in connection with an application for disability retirement.

Official Citation: 65 Ops.Cal.Atty.Gen. 412 		06/24/1982
82-503 Are employees of the State Office of Economic Opportunity subject to the state civil service? Employees of the State Office of Economic Opportunity are not subject to the state civil service.

Official Citation: 65 Ops.Cal.Atty.Gen. 475 		08/06/1982
82-501 Does the Office of Statewide Health Planning and Development have the authority to require, as a condition for its approving a certificate of need application, that a health facility agree to provide a "negotiated quota" of Medi-Cal beneficiaries with services? The Office of Statewide Health Planning and Development has authority to condition a certificate of need upon the agreement of the applicant health facility to provide services to a "negotiated quota" of Medi-Cal beneficiaries in appropriate cases.

Official Citation: 65 Ops.Cal.Atty.Gen. 659 		12/31/1982
82-406 Does the term "insured student loan," defined by Education Code section 69908, include loans made under the Parent Loans for Undergraduate Students Program of 20 United States Code section 1078-2? The term "insured student loan," defined by Education Code section 69908, includes loans made under the Parent Loans for Undergraduate Students Program of 20 United States Code section 1078-2.

Official Citation: 65 Ops.Cal.Atty.Gen. 589 		10/22/1982
82-405 Does the so-called "unfunded liability" of the state's portion of the Public Employees' Retirement System violate article XVI, section 1, of the California Constitution? The so-called "unfunded liability" of the state's portion of the Public Employees' Retirement System does not violate article XVI, section 1, of the California Constitution.

Official Citation: 65 Ops.Cal.Atty.Gen. 571 		10/08/1982
82-404 What is the length of time that a community service obligation given pursuant to Government Code section 15459 by a health institution seeking financing under the California Health Facilities Authority Act remains in force? A community service obligation given by a health institution pursuant to Government Code section 15459 to receive favorable financing under the California Health Facilities Authority Act remains in force for as long a time as is agreed upon by the parties if that determination is "reasonable" considering all the circumstances of each particular case.

Official Citation: 65 Ops.Cal.Atty.Gen. 538 		09/03/1982
82-403 1. Is the Governor authorized to obligate the state to pay interest on a federal loan under title XII of the Social Security Act to the state unemployment fund?

2. Assuming that the Governor is not so authorized, may the Legislature confer upon the Governor such authority to obligate the state to pay interest on a federal loan under title XII of the Social Security Act to the state unemployment fund? 		1. The Governor is not authorized to obligate the state to pay interest on a federal loan under title XII of the Social Security Act to the state unemployment fund.

2. The Legislature may not confer upon the Governor authority to obligate the state to pay interest on a federal loan under title XII of the Social Security Act to the state unemployment fund.

Official Citation: 65 Ops.Cal.Atty.Gen. 467 		08/06/1982
82-401 Does the Appeals Committee of the California Health Facilities Commission have statutory authority to waive or reduce the civil penalty prescribed by Health and Safety Code section 442.3? The Appeals Committee of the California Health Facilities Commission does not have statutory authority to waive or reduce the civil penalty prescribed by Health and Safety Code section 442.3.

Official Citation: 65 Ops.Cal.Atty.Gen. 450 		07/15/1982
82-314 Are funds which are collected by "friends committees" which have been established for the benefit of many of the elected officials of the City and County of San Francisco "campaign funds" within the meaning of sections 12400 through 12407 of the Elections Code so that such funds may not be expended for the personal use of such officials? All funds which are collected by "friends committees" which are "controlled committees" within the meaning of the Political Reform Act of 1974 are "campaign funds" for the purposes of sections 12400 through 12407 of the Elections Code and hence may not be expended for the personal use of such officials. Funds which are collected by "noncontrolled committees" within the meaning of the Political Reform Act of 1974 are also "campaign funds" as contemplated by the above cited Elections Code provisions unless it is clear from the surrounding circumstances that such funds are not donated for "political purposes" as contemplated by the Political Reform Act and the regulations of the Fair Political Practices Commission. Because of the restrictions of sections 12400 through 12407 of the Elections Code, persons desiring to make unrestricted gifts to candidates or officeholders through intermediaries should do so through persons or groups which are not legally "campaign committees."

Official Citation: 65 Ops.Cal.Atty.Gen. 493 		08/18/1982
82-313 Is the last sentence of Health and Safety Code section 25953 in the Therapeutic Abortion Act which provides: "In no event shall the termination be approved after the 20th week of pregnancy" constitutionally enforceable? The proscription against all abortions after the 20th week of pregnancy in the last sentence of Health and Safety Code section 25953 in the Therapeutic Abortion Act is constitutionally enforceable except as to abortions of nonviable fetuses and abortions necessary to preserve the life or health of the mother.

Official Citation: 65 Ops.Cal.Atty.Gen. 261 		04/27/1982
82-312 Do the statutes governing the operation of cemeteries permit a cemetery authority to transfer an endowment care fund to a corporation which is not a bank or trust company qualified under California law to engage in the trust business? The statutes governing the operation of cemeteries do not permit a cemetery authority to transfer an endowment care fund to a corporation which is not a bank or trust company qualified under California law to engage in the trust business.

Official Citation: 65 Ops.Cal.Atty.Gen. 393 		06/22/1982
82-309 Is reimbursement for a proportional allowance for the salary of a district attorney who has personally engaged in an activity under Penal Code section 4700 authorized under that section? Reimbursement for a proportional allowance for the salary of a district attorney who has personally engaged in an activity under Penal Code section 4700 is authorized under that section.

Official Citation: 65 Ops.Cal.Atty.Gen. 313 		05/18/1982
82-308 1. Is a truck terminal an authorized "industrial use" within the meaning of the California Industrial Development Financing Act?

2. May the California Industrial Development Financing Advisory Commission determine that an application for financing under the California Industrial Development Financing Act does not comply with prescribed statutory criteria solely on the basis that the proposed use is not statutorily authorized? 		1. A truck terminal is not an authorized "industrial use" within the meaning of the California Industrial Development Financing Act.

2. The California Industrial Development Financing Advisory Commission may determine that an application for financing under the California Industrial Development Financing Act does not comply with prescribed statutory criteria solely on the basis that the proposed use is not statutorily authorized.

Official Citation: 65 Ops.Cal.Atty.Gen. 609 		12/16/1982
82-307 May the optometric franchise described herein legally operate under California law? For the optometric franchise described herein to legally operate under California law the franchisor would have to be registered with the State Board of Optometry as a licensed optometrist or a licensed professional optometric corporation but the restrictions on the number of offices such licensees can legally maintain would severely impair the utility of any franchise operation.

Official Citation: 65 Ops.Cal.Atty.Gen. 366 		06/10/1982
82-306 Does a district attorney have the responsibility of performing the duties of public prosecutor with respect to violations of ordinances enacted by special districts in the county to which criminal penalties apply? The district attorney has the responsibility of performing the duties of public prosecutor with respect to violations of ordinances enacted by special districts in the county to which criminal penalties apply.

Official Citation: 65 Ops.Cal.Atty.Gen. 330 		05/27/1982
82-305 Does a California city have the legislative authority to prohibit the possession of operative handguns within the city except by law enforcement officers? A California city does not have the legislative authority to prohibit the possession of operative handguns within the city even if law enforcement officers are excluded from the prohibition.

Official Citation: 65 Ops.Cal.Atty.Gen. 457 		08/03/1982
82-304 1. Does the state have an affirmative duty under section 17952 of the Health and Safety Code to ensure that the uniform building codes are being complied with?

2. Does section 18945, subdivision (a) of the Health and Safety Code permit a person who has been adversely affected by the nonenforcement of building codes to appeal to the State Building Standards Commission? Would inaction on the part of the state to ensure enforcement itself constitute an "omission" within the meaning of that section?

3. Can a person who disputes the findings of state building code inspectors appeal to the State Building Standards Commission pursuant to section 18945, subdivision (a) of the Health and Safety Code? 		1. Under appropriate circumstances, the state does have an affirmative obligation under section 17952 of the Health and Safety Code to ensure that the uniform building codes are being complied with.

2. Section 18945, subdivision (a) of the Health and Safety Code does not permit a person who has been adversely affected by the nonenforcement of building codes by a local agency to appeal to the State Building Standards Commission. Inaction on the part of the state to assume enforcement itself would not constitute an "omission" within the meaning of that section.

3. A person who disputes the findings of state building code inspectors may appeal to the State Building Standards Commission pursuant to section 18945, subdivision (a) of the Health and Safety Code.

Official Citation: 65 Ops.Cal.Atty.Gen. 397 		06/24/1982
82-303 What are the duties, powers and responsibilities, if any, of the California Health Facilities Authority with respect to the construction of a health facility project for which it has arranged financing and given a loan under the California Health Facilities Authority Act? The California Health Facilities Authority has no duties, powers or responsibilities with respect to the construction of a health facility project for which it has arranged financing and given a loan under the California Health Facilities Authority Act.

Official Citation: 65 Ops.Cal.Atty.Gen. 534 		09/03/1982
82-302 Does the duty to report child abuse under provisions of the Child Abuse Reporting Law (Pen. Code, §§ 11165-11174) supersede the confidentiality provisions of the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5328)? The duty to report child abuse under the Child Abuse Reporting Law (Pen. Code, §§ 11165-11174) supersedes the confidentiality provisions of the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5328).

Official Citation: 65 Ops.Cal.Atty.Gen. 345 		06/01/1982
82-301 1. Do the provisions of Penal Code section 1463 govern the distribution of fines resulting from the issuance of parking citations and the making of arrests by airport security officers at the Burbank-Glendale-Pasadena Airport?

2. Would the fines be distributable pursuant to the provisions of Penal Code section 1463 if the Chief of the Burbank Police Department "deputized" the security officers?

3. Do the airport security officers have peace officer status while off duty and not involved in law enforcement activities relating to the Burbank-Glendale- Pasadena Airport? 		1. The provisions of Penal Code section 1463 do not govern the distribution of fines resulting from the issuance of parking citations and the making of arrests by airport security officers at the Burbank-Glendale-Pasadena Airport except where the airport authority itself processes the parking violation fines or contracts for such services.

2. The fines would not be distributable pursuant to the provisions of Penal Code section 1463 (except where the airport authority itself processes the parking violation fines or contracts for such services) even if the Chief of the Burbank Police Department "deputized" the security officers.

3. The airport security officers do not have peace officer status while off duty and not involved in law enforcement activities relating to the Burbank-Glendale- Pasadena Airport.

Official Citation: 65 Ops.Cal.Atty.Gen. 618 		12/23/1982
82-205 May local peace officers wear their official uniforms while privately employed? Local peace officers may not wear their official uniforms while privately employed as private investigators, private patrol operators or repossessors. In other private employment situations, the official uniform may be worn only if wearing it involves no conflict of interests, unlawful misrepresentations or other violations of law.

Official Citation: 65 Ops.Cal.Atty.Gen. 631 		12/30/1982
82-204 May the California Horse Racing Board lawfully approve a city as a beneficiary of proceeds of charity days horse racing under the provisions of section 19556 of the Business and Professions Code? The California Horse Racing Board may not lawfully approve a city as a beneficiary of proceeds of charity days horse racing under the provisions of section 19556 of the Business and Professions Code.

Official Citation: 65 Ops.Cal.Atty.Gen. 442 		07/15/1982
82-203 1. The Santa Cruz County Superintendent of Schools, who was elected to a four-year term commencing in January 1979, is the employer and appointing authority for all classified civil service employees in his office. The current memorandum of understanding entered into between the superintendent's office and his classified employees relating to wages, hours and conditions of employment remains in force until June 30, 1983, but is subject to modification with respect to employee salaries. Does section 1090 of the Government Code prohibit the superintendent from agreeing to modify the current memorandum of understanding, or entering into a new one should he be reelected, in view of his marriage to a classified employee in his office in August 1981, whose tenure with his office commenced in November 1980?

2. Do the provisions of the California Fair Employment and Housing Act which prohibit discrimination in employment because of marital status preclude a finding of conflict of interest with respect to the superintendent of schools and his wife? 		1. Section 1090 of the Government Code does not prohibit the Santa Cruz County Superintendent of Schools from agreeing to modify the current memorandum of understanding between his office and the classified employees of his office, nor does it prohibit him from entering into a new memorandum of understanding should he be reelected. As to the current memorandum of understanding, the "rule of necessity" would be applicable. As to a new memorandum of understanding should he be reelected, the "non-interest" exception to section 1090 of the Government Code contained in section 1091.5, subdivision (a)(6) would be applicable at such time.

2. The California Fair Employment and Housing Act, insofar as it prohibits discrimination in employment because of marital status, does not prohibit a finding of conflict of interest with respect to the superintendent of schools and his wife.

Official Citation: 65 Ops.Cal.Atty.Gen. 305 		05/13/1982
82-202 Does Government Code section 68073.4(a) require a county treasurer of a county having a County Criminal Justice Facility Temporary Construction Fund to make payments to that fund on the basis of the total number of parking cases presented to or filed in the courts of the county or on the basis of the number of parking cases resulting in the collection of surcharges on fines and forfeitures? Government Code section 68073.4(a) requires a county treasurer of a county having a County Criminal Justice Facility Temporary Construction Fund to make payments to that fund on the basis of the total number of parking cases presented to or filed in the courts of the county.

Official Citation: 65 Ops.Cal.Atty.Gen. 593 		11/17/1982
82-106 Is a member of the governing board of a new unified school district, who qualified for membership on the board without appearing on the ballot, one of the "majority of board members receiving the highest number of votes" within the meaning of Education Code section 35105 so as to qualify for a four year term of office rather than a two year term. A member of the governing board of a new unified school district, if he qualified for membership on the board without appearing on the ballot, is not one of the "majority of board members receiving the highest number of votes" within the meaning of Education Code section 35105. Such person therefore does not qualify for a four year term of office.

Official Citation: 65 Ops.Cal.Atty.Gen. 160 		03/02/1982
82-104 1. Does a school district have the authority to enter into an exclusive contract with a professional photographer to provide the photographs for a school yearbook?

2. In return for the award of such an exclusive contract, may a school district require the photographer to give a rebate or make contributions of services or supplies to the school district? 		1. A school district has the authority to enter into an exclusive contract with a professional photographer to provide the photographs for a school yearbook.

2. In return for the award of such an exclusive contract, a school district may require the photographer to give a rebate or make contributions of services or supplies to the school district.

Official Citation: 65 Ops.Cal.Atty.Gen. 326 		05/20/1982
81-1218 May a licensed physician prescribe, furnish or administer Darvon or Darvon N for the relief of pain associated with heroin withdrawal? A licensed physician may administer, prescribe and furnish Darvon and Darvon N for the relief of pain experienced in heroin withdrawal only to a person residing in a registered and approved "recovery house." In addition when medically necessary for that purpose, he may administer (but not furnish or prescribe) those pharmaceuticals to a patient under his direct care in any office or medical facility he deems medically appropriate, to any person at any place in certain emergency situations, and to persons kept under restraint and control in state licensed institutions or to those in city and county jails or state prisons.

Official Citation: 65 Ops.Cal.Atty.Gen. 293 		05/06/1982
81-1217 Is the Department of Forestry authorized to implement the Chaparral Management Program on Indian reservation lands held in trust by the United States and on Indian allotment lands held under fee patents by individual Indians? The Department of Forestry is not authorized to implement the Chaparral Management Program on Indian reservation lands held in trust by the United States but may implement the program on Indian allotment lands held under fee patents by individual Indians where such lands are located in state responsibility areas.

Official Citation: 65 Ops.Cal.Atty.Gen. 246 		04/16/1982
81-1216 Does the Chief of the California State Police Division have the authority to prohibit or allow Security Officers of the California State Police Division to carry concealed firearms while off duty? The Chief of the California State Police Division does not have the authority to prohibit or allow security officers of that division to carry concealed firearms while off duty.

Official Citation: 65 Ops.Cal.Atty.Gen. 527 		09/03/1982
81-1215 Does Business and Professions Code section 3011, which declares faculty members of schools of optometry to be ineligible for membership on the State Board of Optometry, bar part-time clinical instructors or part-time faculty members, who are primarily engaged in private practice, from membership on the State Board of Optometry? Business and Professions Code section 3011, which declares faculty members of schools of optometry to be ineligible for membership on the State Board of Optometry, bars part-time clinical instructors or part-time faculty members, who are primarily engaged in private practice, from membership on the State Board of Optometry.

Official Citation: 65 Ops.Cal.Atty.Gen. 242 		04/08/1982
81-1214 When will the judges who succeed to office in the judicial districts established by the consolidation ordinance enacted on December 1, 1981 in Mendocino County be required to stand for election? The judges who succeed to office in the judicial districts established by the consolidation ordinance enacted on December 1, 1981, in Mendocino County will be required to stand for election at the June 1984 statewide primary election whether they succeed to office automatically pursuant to subdivision (a) of section 71080 of the Government Code, or whether they succeed to office pursuant to a "run-off" election held pursuant to subdivision (b) of that section.

Official Citation: 65 Ops.Cal.Atty.Gen. 145 		02/24/1982
81-1213 Does the Hague Convention Abolishing The Requirement Of Legalization For Foreign Public Documents supersede the provisions of section 1183 of the California Civil Code pertaining to the proof or acknowledgment of instruments made without the United States? The Hague Convention Abolishing The Requirement Of Legalization For Foreign Public Documents supersedes the provisions of Civil Code section 1183 with respect to the proof or acknowledgment of "public documents" which have been executed in those countries which are signatories to the Convention.

Official Citation: 65 Ops.Cal.Atty.Gen. 205 		03/19/1982
81-1212 What legislative majority is required to increase the bank and corporation tax, and the gross premiums tax? A two-thirds majority of all members elected to each of the two houses is required to increase the bank and corporation tax, and the gross premiums tax.

Official Citation: 65 Ops.Cal.Atty.Gen. 512 		08/18/1982
81-1209 1. Is the practice of hairbraiding included within the practices of cosmetology?

2. May the cosmetologist licensure requirement be constitutionally applied to a person engaged solely in the practice of hairbraiding for compensation? 		1. The practice of hairbraiding is included within the practices of cosmetology.

2. The cosmetologist licensure requirement may be constitutionally applied to a person engaged solely in the practice of hairbraiding for compensation.

Official Citation: 65 Ops.Cal.Atty.Gen. 284 		05/06/1982
81-1208 Is the Department of Water Resources authorized to reimburse the Santa Clara Valley Water District for the cost of acquiring flowage easements downstream from the Uvas-Carnadero Creek Unit of the Pajaro River Flood Control Project? The Department of Water Resources is not authorized to reimburse the Santa Clara Valley Water District for the cost of acquiring flowage easements downstream from the Uvas-Carnadero Creek Unit of the Pajaro River Flood Control Project.

Official Citation: 65 Ops.Cal.Atty.Gen. 183 		03/03/1982
81-1207 May a law enforcement agency lawfully refuse to furnish a copy of an arrest or complaint report to a person who has provided information contained in the report and requests such copy? A law enforcement agency may lawfully refuse to furnish a copy of an arrest or complaint report requested by one who has provided information contained in the report; however, the agency must make public certain information contained in such reports.

Official Citation: 65 Ops.Cal.Atty.Gen. 563 		09/24/1982
81-1206 Does a California city have authority to expend its funds to reimburse as travel expenses those costs which a physically handicapped member of a city council incurs for the handicap related assistance of others needed by the member to travel in the performance of official duties? A California city has authority to expend its funds to reimburse as travel expenses those costs which a physically handicapped member of a city council incurs for the handicap related assistance of others needed by the member to travel in the performance of official duties if a demand for reimbursement of such costs is approved by the city council unless the charter or an ordinance of the city provides otherwise.

Official Citation: 65 Ops.Cal.Atty.Gen. 517 		08/24/1982
81-1204 Does the Public Employees' Retirement Law authorize a revocation of an election to retire for service, and consideration of a new election to retire for disability, after the statutory time for such election has elapsed, where the change in status will not affect the amount of the benefit, but where the change is requested because the retirant asserts it will provide a tax advantage? The Public Employees' Retirement Law does not authorize the board of administration of the Public Employees' Retirement System to waive the statutory time limit for election of alternate benefits, where the change in status will not affect the amount of the benefit.

Official Citation: 65 Ops.Cal.Atty.Gen. 542 		09/17/1982
81-1203 Is a county, under Vehicle Code section 23161(b), required to certify and approve a driver improvement program or treatment program for first-offender drunk drivers who are habitual users of alcohol or drugs? Vehicle Code section 23161(b) does not require a county to certify and approve a driver improvement program or treatment program for first-offender drunk drivers who are habitual users of alcohol or drugs.

Official Citation: 65 Ops.Cal.Atty.Gen. 229 		04/07/1982
81-1202 Does the second paragraph of rule 122(b)(1) of the Board of Architectural Examiners violate the constitutional requirement for equal protection of the laws? The second paragraph of rule 122(b)(1) of the Board of Architectural Examiners does not violate the constitutional requirement for equal protection of the laws.

Official Citation: 65 Ops.Cal.Atty.Gen. 20 		01/18/1982
81-1201 1. Do local air pollution control districts have authority under state law to administer a preconstruction permit procedure and to redesignate areas from class II to class I as specified in sections 7474 and 7475 of title 42 of the United States Code?

2. Does the State Air Resources Board have authority under state law to administer a preconstruction permit procedure and to redesignate areas from class II to class I as specified in sections 7474 and 7475 of title 42 of the United States Code?

3. What is the legal status of the Rule for Siting of New and Modified Stationary Sources in California adopted by the California Air Pollution Control Officers' Association and California Air Resources Board Committee? 		1. Local air pollution control districts have the authority under state law to administer a preconstruction permit procedure but do not have the authority to redesignate areas from class II to class I as specified in sections 7474 and 7475 of title 42 of the United States Code.

2. The State Air Resources Board has the authority under state law to administer a preconstruction permit procedure if a local air pollution control district fails to do so but does not have the authority to redesignate areas from class II to class I as specified in sections 7474 and 7475 of title 42 of the United States Code.

3. The legal status of the Rule for Siting of New and Modified Stationary Sources in California adopted by the California Air Pollution Control Officers' Association and California Air Resources Board Committee is that of a model which a local air pollution control district may follow in adopting a source siting rule.

Official Citation: 65 Ops.Cal.Atty.Gen. 435 		07/15/1982
81-1114 Are personnel on active duty with the armed forces of the United States exempt from jury duty in the state courts of California? Personnel on active duty with the armed forces of the United States are exempt from jury duty in the state courts of California.

Official Citation: 65 Ops.Cal.Atty.Gen. 430 		07/02/1982
81-1113 Are counties and the state required to obtain a coastal development permit from a city in order to develop public property located within that portion of the coastal zone under the city's jurisdiction, where the city's local coastal program has been certified pursuant to the California Coastal Act of 1976? With certain specified exceptions, counties and the state are required to obtain a coastal development permit from a city in order to develop public property located within that portion of the coastal zone under the city's jurisdiction, where the city's local coastal program has been certified pursuant to the California Coastal Act of 1976.

Official Citation: 65 Ops.Cal.Atty.Gen. 88 		01/28/1982
81-1109 May a county transfer its entire proprietary interest in its county hospital for a for-profit private hospital corporation, where the required level of medical and hospital services would continue to be provided under contract between the county and the transferee or other providers? A county may transfer its entire proprietary interest in its county hospital to a for-profit private hospital corporation, subject to the conditions and specifications of chapter 2.5 of division 2 of the Health and Safety Code.

Official Citation: 65 Ops.Cal.Atty.Gen. 11 		01/13/1982
81-1107 Are the requirements of the Subdivision Map Act applicable to a proposed construction of a condominium project on a previously subdivided, single parcel of property? The requirements of the Subdivision Map Act are applicable to a proposed construction of a condominium project on a previously subdivided, single parcel of property.

Official Citation: 65 Ops.Cal.Atty.Gen. 101 		01/29/1982
81-1106 May a general law city enact an ordinance which would prohibit the management of a mobilehome park, which offers mobilehome sites for rent to mobilehome owners, from enforcing a park rule that restricts residents of the mobilehomes to "adults only" unless such "adults only" rule is formulated to limit residents to persons 62 years of age or older? A general law city may not lawfully enact an ordinance which would prohibit the management of a mobilehome park, which offers mobilehome sites for rent to mobilehome owners, from enforcing a park rule that restricts residents to "adults only."

Official Citation: 65 Ops.Cal.Atty.Gen. 559 		09/23/1982
81-1105 Is it a violation of the Ralph M. Brown Act for members of a city council to hold a series of closed discussions with citizens having matters of business pending before them to gather or convey information regarding those matters where the discussions are held on successive dates and are so planned to insure that a quorum of the council will not be present at any given meeting? It would be a violation of the Ralph M. Brown Act for members of a city council to hold a series of closed discussions with citizens having matters of business pending before them to gather or convey information regarding those matters where the discussions are held on successive dates and are so planned to insure that a quorum of the council will not be present at any given meeting.

Official Citation: 65 Ops.Cal.Atty.Gen. 63 		01/22/1982
81-1104 Is a recreation building in a mobile home park a "public accommodation or facility" within the meaning of Health and Safety Code section 19955 so as to be required to be accessible to and usable by physically handicapped persons? Unless it is used by the general public, a recreation building in a mobile home park is not a "public accommodation or facility" within the meaning of Health and Safety Code section 19955 so as to be required to be accessible to and usable by physically handicapped persons.

Official Citation: 65 Ops.Cal.Atty.Gen. 72 		01/26/1982
81-1103 Who may lawfully be provided with information in the child abuse files of the California Department of Justice maintained pursuant to Penal Code section 11170, and what restrictions does the law impose on the Department's use of such information? The California Department of Justice must provide information in its child abuse files maintained pursuant to Penal Code section 11170 to a child protective agency submitting a report under Penal Code section 11169, or to a district attorney who has requested notification of a suspected child abuse case. The Department is not obligated to furnish this information to other persons or agencies. The information may be used by the Department in furtherance of investigating suspected child abuse cases and of carrying out the purpose of the Child Abuse Reporting Law, namely, the protection of children.

Official Citation: 65 Ops.Cal.Atty.Gen. 335 		06/01/1982
81-1102 May a board of supervisors authorize the promotion and salary increase of a county employee to take effect retroactively to a date following initial discussion between the appointing authority and employee concerning an advancement and acknowledgment by the appointing authority that an advancement was warranted, where (a) it was mutually understood by the employee and appointing authority that any such advancement would be retroactive, but (b) the level of promotion and salary increase was left for further consideration, and remained undecided for at least six months prior to the eventual authorization of such promotion and salary increase by the board of supervisors? A board of supervisors may not authorize the promotion and salary increase of a county employee to take effect retroactively under the specified circumstances.

Official Citation: 65 Ops.Cal.Atty.Gen. 66 		01/26/1982
81-1101 Does the provision in Revenue and Taxation Code section 135 changing the definition of "assessed value" beginning with the 1981-1982 fiscal year have a substantive effect upon other statutes that contain the term without specific definition and which have not been amended to reflect the new property tax system revision? The provision in Revenue and Taxation Code section 135 changing the definition of "assessed value" beginning with the 1981-1982 fiscal year does not have a substantive effect upon other statutes that contain the term without specific definition and which have not been amended to reflect the new property tax system revision.

Official Citation: 65 Ops.Cal.Atty.Gen. 136 		02/10/1982
81-1014 May a district attorney, in enforcing a child support obligation, disclose to a commercial credit bureau the fact that an absent parent is delinquent in child support payments without violating the confidentiality provisions of Welfare and Institutions Code sections 11478 and 10850? A district attorney may disclose to a commercial credit bureau, without violating the provisions of confidentiality contained in Welfare and Institutions Code sections 11478 and 10850, the fact that an absent parent is delinquent in child support payments if such disclosure is made to enforce the obligation to support.

Official Citation: 65 Ops.Cal.Atty.Gen. 373 		06/16/1982
81-1012 May the county recorder lawfully charge a fee to record at the request of a city a planned unit development permit issued by the city? The county recorder may not lawfully charge a fee to record at the request of a city a planned unit development permit issued by the city.

Official Citation: 65 Ops.Cal.Atty.Gen. 516 		08/24/1982
81-1011 1. May snow removal services be provided on public roads under the provisions of the County Service Area Law?

2. May a county levy a charge for snow removal services on public roads by apportioning the cost thereof to each parcel of property served in proportion to the estimated benefit received?

3. Would voter approval be required for a county to levy a charge against parcels of property for snow removal services on public roads, where the charge is based upon the estimated benefit received by each parcel? 		1. Snow removal services may be provided on public roads under the provisions of the County Service Area Law.

2. A county may levy a charge for snow removal services on public roads by apportioning the cost thereof to each parcel of property served in proportion to the estimated benefit received.

3. Voter approval would not be required for a county to levy a charge against parcels of property for snow removal services on public roads, where the charge is based upon the estimated benefit received by each parcel.

Official Citation: 65 Ops.Cal.Atty.Gen. 176 		03/03/1982
81-1010 1. Is a master bond acquired by a county to cover its officers pursuant to Government Code section 24154 subject to the requirement of approval by judges of the superior court under Government Code sections 1457 and 1458?

2. Is a program of self-insurance adopted by a county in lieu of bonds to cover its officers pursuant to Government Code section 24156 subject to the requirement of approval by judges of the superior court under Government Code sections 1457 and 1458? 		1. A master bond acquired by a county to cover its officers pursuant to Government Code section 24154 is subject to the requirement of approval by judges of the superior court under Government Code sections 1457 and 1458.

2. A program of self-insurance adopted by a county in lieu of bonds to cover its officers pursuant to Government Code section 24156 is not subject to the requirement of approval by judges of the superior court under Government Code sections 1457 and 1458.

Official Citation: 65 Ops.Cal.Atty.Gen. 200 		03/19/1982
81-1009 Is an electronic computer device which is programmed to play on a video screen, upon insertion of a coin, the card game known as "twenty-one" or "blackjack," and to reward the successful user with additional playing time, a gaming device proscribed by Penal Code sections 33ab and 330.1? An electronic computer device which is programmed to play on a video screen, upon insertion of a coin, the card game known as "twenty-one" or "blackjack," and to reward the successful user with additional playing time, is a gaming device proscribed in Penal Code sections 330b and 330.1 since it involves predominately chance rather than skill.

Official Citation: 65 Ops.Cal.Atty.Gen. 123 		02/05/1982
81-1008 1. May the Youth Authority use the description of the offense in a probation officer's report in determining whether the offense upon which the finding of wardship is based is an offense described in Welfare and Institutions Code section 707(b)?

2. Is every violation of Penal Code section 245 an offense described in Welfare and Institutions Code section 707(b)? 		1. The Youth Authority may use the description of the offense in a probation officer's report only as it may be relevant in ascertaining whether the juvenile court made findings, expressed or implied, on the facts necessary to determine that the offense upon which the finding of wardship is based is an offense described in Welfare and Institutions Code section 707(b).

2. Every violation of Penal Code section 245 is an offense described in Welfare and Institutions Code section 707(b).

Official Citation: 65 Ops.Cal.Atty.Gen. 359 		06/10/1982
81-1007 May a district attorney disclose to the news media information about a juvenile case acquired by his office independently of the documents identified in Welfare and Institutions Code section 827? The disclosure by a district attorney to the news media of juvenile case information acquired by his office independently of the documents deemed confidential under provisions of Welfare and Institutions Code section 827 would be unlawful absent a juvenile court order permitting such disclosure. However, where the juvenile proceedings are open to the public generally, the district attorney may furnish the news media with whatever information is available to the public at those proceedings in which he participates unless the juvenile court has placed restrictions on such dissemination.

Official Citation: 65 Ops.Cal.Atty.Gen. 503 		08/18/1982
81-1006 1. Does section 2498 of the Business and Professions Code authorize the Podiatry Examining Committee to inspect and require reports from a hospital and inspect podiatric patients records when the committee is not conducting an investigation relating to specific treatment of a patient by a podiatrist?

2. Does section 2498 of the Business and Professions Code authorize the Podiatry Examining Committee, as part of its inspection of and request for report from a hospital, to require a hospital to provide information relating to the possible limitation or restriction of podiatrists' rights and privileges for reasons other than demonstrated competence if such limitation or restriction is related to the quality of care rendered to a patient? 		1. Section 2498 of the Business and Professions Code does authorize the Podiatry Examining Committee to inspect and require reports from a hospital and inspect patient records even though the committee is not conducting an investigation relating to specific treatment of a patient by a podiatrist.

2. Section 2498 of the Business and Professions Code does authorize the Podiatry Examining Committee, as part of its inspection of and request for report from a hospital, to require a hospital to provide information relating to the possible limitation or restriction of podiatrists' rights and privileges for reasons other than demonstrated competence if such limitation or restriction is related to the quality of care rendered to a patient.

Official Citation: 65 Ops.Cal.Atty.Gen. 130 		02/10/1982
81-1004 May a general business corporation not licensed as a medical corporation lawfully engage licensed physicians to perform preemployment physical examinations on and diagnose and treat employment-related injuries sustained by employees of another entity with whom it contracts to furnish those services if the physicians performing them are independent contractors and not employees of the general business corporation? A general business corporation that is not licensed as a medical corporation may not lawfully engage licensed physicians to perform preemployment physical examinations on and diagnose and treat employment-related injuries sustained by employees of another entity with whom it contracts to furnish those services even though the physicians performing them do so as independent contractors and not employees of the general business corporation.

Official Citation: 65 Ops.Cal.Atty.Gen. 223 		04/07/1982
81-1002 1. Does the submission of a written appeal under Health and Safety Code section 19957.5 regarding an action taken by a local building department in enforcing building access requirements for physically handicapped persons require that an appeals board be appointed to consider the matter?

2. What is the scope of the review powers of an appeals board appointed pursuant to Health and Safety Code section 19957.5?

3. May a city council or county board of supervisors render the same decisions for the same matters as may be rendered by an appeals board appointed pursuant to Health and Safety Code section 19957.5? 		1. The submission of a written appeal under Health and Safety Code section 19957.5 regarding an action taken by a local building department in enforcing building access requirements for physically handicapped persons does not require that an appeals board be appointed to consider the matter.

2. The scope of the review powers of an appeals board appointed pursuant to Health and Safety Code section 19957.5 is limited to approving or disapproving the local building department's interpretations of Health and Safety Code sections 19955-19959 and enforcement actions taken thereunder.

3. A city council or county board of supervisors may render the same decisions for the same matters as may be rendered by an appeals board appointed pursuant to Health and Safety Code section 19957.5 if local law so allows.

Official Citation: 65 Ops.Cal.Atty.Gen. 83 		01/28/1982
81-905 When the coroner orders a body removed from the place of death to a mortuary for further investigation into the cause of death, may the costs of such removal be charged to the estate of the deceased or to the person responsible for interment of the body? When the coroner orders a body removed from the place of death to a mortuary for further investigation into the cause of death, the costs of such removal are not chargeable to the estate of the deceased or the person responsible for interment of the body unless such transportation was also necessary in performance of the coroner's duty to inter the remains or unless the person responsible for the cost of interment has agreed to pay such transportation costs.

Official Citation: 65 Ops.Cal.Atty.Gen. 141 		02/18/1982
81-904 1. May a marketing order issued under the authority of the California Marketing Act of 1937 undertake a program for the detection and eradication of "seedling yellows," a disease of citrus trees?

2. May a marketing order undertaking a program for the detection and eradication of "seedling yellows" be enforced against all, including noncommercial, citrus trees within the designated area which present a hazard to commercial production?

3. What compensation is constitutionally required to be provided to commercial and noncommercial owners for removal of trees under a marketing order undertaking a program for the detection and eradication of "seedling yellows"?

4. May a marketing order authorize a contract with or grant of funds to a county agricultural commissioner for the purpose of undertaking a program for the detection and eradication of "seedling yellows," which would (a) provide for removal of trees, or (b) be enforced against all, including noncommercial, citrus trees within a designated area which present a hazard to commercial production? 		1. A marketing order issued under the authority of the California Marketing Act of 1937 may undertake a program for the detection and eradication of "seedling yellows," a disease of citrus trees.

2. A marketing order undertaking a program for the detection and eradication of "seedling yellows" may not be enforced against all, including noncommercial, citrus trees within the designated area which present a hazard to commercial production.

3. Assuming that the removal of trees under a marketing order undertaking a program for the detection and eradication of "seedling yellows" were statutorily authorized, no compensation would be constitutionally required.

4. A marketing order may not authorize a contract with or grant of funds to a county agricultural commissioner for the purpose of undertaking a program for the detection and eradication of "seedling yellows," which would (a) provide for removal of trees, or (b) be enforced against all, including noncommercial, citrus trees within a designated area which present a hazard to commercial production.

Official Citation: 65 Ops.Cal.Atty.Gen. 276 		05/05/1982
81-903 1. May the California Health Facilities Authority lawfully make a loan to or issue tax exempt revenue bonds on behalf of a participating health institution if that institution has not given the Office of Statewide Health Planning and Development the assurance required by Government Code section 15459?

2. If such assurance is required, does Government Code section 15459 permit the Office of Statewide Health Planning and Development to require that it include compliance with sections 436.81 through 436.84 of the Health and Safety Code? 		1. The California Health Facilities Authority may not lawfully make a loan to or issue tax exempt revenue bonds on behalf of a participating health institution if that institution has not given the Office of Statewide Health Planning and Development the assurance required by Government Code section 15459.

2. Government Code section 15459 does not permit the Office of Statewide Health Planning and Development to require a health institution to comply with sections 436.81 through 436.84 of the Health and Safety Code as part of the assurance required by that section.

Official Citation: 65 Ops.Cal.Atty.Gen. 165 		03/03/1982
81-807 May a person simultaneously hold the positions of (1) Member, State Board of Architectural Examiners, and (2) exempt appointee of the Chief Deputy Director of the Department of Consumer Affairs, designated as Assistant to the Director of the Department of Consumer Affairs? A person may simultaneously hold the positions of (1) Member, State Board of Architectural Examiners, and (2) exempt appointee of the Chief Deputy Director of the Department of Consumer Affairs, designated as Assistant to the Director of the Department of Consumer Affairs.

Official Citation: 65 Ops.Cal.Atty.Gen. 316 		05/19/1982
81-803 When it is proposed to combine two special districts, formed pursuant to the same principal act, into a single district by dissolving one of the districts and simultaneously annexing all of its territory to the remaining district which will continue to operate in the combined territory, is such a proposal governed by the "reorganization" procedures of the district Reorganization Act or by the "consolidation" procedures of that Act? When it is proposed to combine two special districts, formed pursuant to the same principal act, into a single district by dissolving one of the districts and simultaneously annexing all of its territory to the remaining district which will continue to operate in the combined territory, such a proposal is governed by the "reorganization" procedures of the District Reorganization Act and not by the "consolidation" procedures of that Act.

Official Citation: 65 Ops.Cal.Atty.Gen. 195 		03/17/1982
81-802 Does a customer of a California financial institution, as defined in Government Code section 7465(a), have a constitutional right to privacy which would prohibit the institution from releasing the customer's name and account number to a district attorney without a search warrant or other legal process? The constitutional right of privacy of a customer of a California financial institution, as defined in Government Code section 7465(a), does not prohibit the institution from releasing the customer's name and account number to a district attorney without a search warrant or other legal process.



Official Citation: 65 Ops.Cal.Atty.Gen. 4 		01/07/1982
81-801 1. Does the 1980 amendment to Penal Code section 830.5 disqualify a person with a felony conviction from holding a job that requires having custody of wards in an institution operated by the probation department in a general law county?

2. Would such disqualification apply to employees working in such positions before the effective date of the amendment?

3. Would relief granted under Penal Code section 1203.4 remove such disqualification? 		1. The 1980 amendment to Penal Code section 830.5 disqualifies a person with a felony conviction from holding a job that requires having custody of wards in an institution operated by the probation department in a general law county.

2. Such disqualification applies to employees working in such positions before the effective date of the amendment.

3. Relief granted under Penal Code section 1203.4 would not remove such disqualification.

Official Citation: 65 Ops.Cal.Atty.Gen. 95 		01/29/1982
81-715 May the Office of Administrative Hearings demand payment in advance from the governing board of a school district for services it provides in connection with teacher dismissal hearings? The Department of General Services, but not the Office of Administrative Hearings, may require the governing board of a school district to pay half of the anticipated costs of a teacher dismissal hearing.

Official Citation: 65 Ops.Cal.Atty.Gen. 58 		01/21/1982
81-713 Is a trustee of a Taft-Hartley trust which pays death benefits to an employee's family and other benefits eligible to appointment to the Board of Administration of the Public Employees' Retirement System as "an official of a life insurer"? A trustee of a Taft-Hartley trust which pays death benefits to an employee's family and other benefits is not eligible to appointment to the Board of Administration of the Public Employees' Retirement System as "an official of a life insurer."

Official Citation: 65 Ops.Cal.Atty.Gen. 189 		03/11/1982
81-708 Does the Solano County Civil Service Commission have authority to contract for the services of a private investigator to conduct an investigation at county expense without authorization to make such a contract and an appropriation to pay for such services from the board of supervisors? The Solano County Civil Service Commission does not have authority to contract for the services of a private investigator to conduct an investigation at county expense without authorization to make such a contract and an appropriation to pay for such services from the board of supervisors.

Official Citation: 65 Ops.Cal.Atty.Gen. 219 		03/26/1982
81-707 May a private industry council formed under the federal Comprehensive Employment and Training Act (CETA) contract for services, to be financed by CETA funds, with a profit or a nonprofit corporation if some members of the board of directors of the corporation are also members of the private industry council? To the extent that the transaction comes within the conflict of interest restrictions of CETA or of Government Code section 87100, a private industry council formed under CETA may contract for services, to be financed by CETA funds, with a profit or nonprofit corporation even though some members of the board of directors of the corporation are also members of the private industry council so long as those council members having a "financial interest" in the contract within the meaning of those statutes refrain from participating in the transaction. However, if such council members are also "financially interested" in the contract within the meaning of Government Code section 1090, the private industry council may not enter into such contract.

Official Citation: 65 Ops.Cal.Atty.Gen. 41 		01/21/1982
81-703 1. May the law enforcement agency having primary traffic investigative authority on the highway where a "hazardous materials incident" occurs delegate the authority to manage operations at the scene of the incident to another agency (such as the fire department) with more expertise, capability, and experience in handling hazardous and toxic substance releases?

2. Does the fact that an agency has not been vested with the authority to manage the scene of "hazardous materials incidents" by Vehicle Code section 2454 and Government Code section 8574.8 affect its ability to receive funding for specialized equipment and training to respond to such incidents? 		1. The law enforcement agency having primary traffic investigative authority on the highway where a hazardous materials incident occurs may not delegate scene management responsibility to another agency.

2. The fact that an agency has not been vested with authority to manage the scene of "hazardous materials incidents" by Vehicle Code section 2454 and Government Code section 8574.8 does not affect its ability to receive funding for specialized equipment and training to respond to such incidents, unless the grant of funds is conditioned elsewhere upon the agency having such responsibility.

Official Citation: 65 Ops.Cal.Atty.Gen. 32 		01/20/1982
81-619 Does a surety's payment of a claim filed against a contractor's bond pursuant to Business and Professions Code section 7071.11 constitute grounds for disciplinary action against the contractor where the contractor denies liability for such claim? A surety's payment of a claim filed against a contractor's bond pursuant to Business and Professions Code section 7071.11 does not in and of itself constitute grounds for disciplinary action against the contractor where the contractor denies liability for such claim.

Official Citation: 65 Ops.Cal.Atty.Gen. 25 		01/20/1982
81-618 May a county recorder refuse to record a declaration of marriage tendered pursuant to the provisions of Civil Code section 4215, where a marriage license has not been procured? A county recorder must refuse to record a declaration of marriage tendered pursuant to the provisions of Civil Code section 4215, where a marriage license has not been procured.

Official Citation: 65 Ops.Cal.Atty.Gen. 321 		05/20/1982
81-615 1. May a California peace officer lawfully possess a billy club, blackjack or policeman's baton?

2. Is it lawful to sell a billy club, blackjack or policeman's baton to a peace officer in California? 		1. A California peace officer may lawfully possess a billy club, blackjack or policeman's baton if the head of his law enforcement agency has authorized such possession.

2. The sale of a billy club, blackjack or policeman's baton to a peace officer authorized by the head the officer's law enforcement agency to carry the same is lawful in California.

Official Citation: 65 Ops.Cal.Atty.Gen. 120 		02/05/1982
81-611 Do California's fish and game laws prohibit the purchase, possession or use of (a) a shotgun which holds more than three cartridges or (b) an attachment to a shotgun which holds up to thirty cartridges? California's fish and game laws do not prohibit the purchase of any shotgun or attachment thereto. Fish and Game Code section 2010 prohibits the possession or use of a shotgun capable of holding more than six cartridges at any one time for the purpose of taking any game and the regulations of the Fish and Game Commission prohibit use of a shotgun capable of holding more than three cartridges in the magazine and chamber combined in the taking of certain specified game, but California's fish and game laws do not prohibit the possession or use of any shotgun for purposes other than taking game. California's fish and game laws do not prohibit the possession or use of any attachment to a shotgun, though its possession with a shotgun may make the shotgun capable of holding excessive cartridges.

Official Citation: 65 Ops.Cal.Atty.Gen. 76 		01/28/1982
81-605 Is the operation of a dental referral service as described herein prohibited by sections 650, 651, 1680(j) or 1701(g) of the Business and Professions Code? The operation of a dental referral service as described herein is prohibited by section 650 of the Business and Professions Code but not by its sections 651, 1680(j) or 1701(g).

Official Citation: 65 Ops.Cal.Atty.Gen. 252 		04/23/1982
81-508 Does the Probate Court in California have the jurisdiction and power to order or approve the withholding or withdrawal of extraordinary life support systems or procedures from a ward or conservatee? A California superior court lacks jurisdiction to order or approve the withholding or withdrawal of extraordinary life support systems or procedures from a person made a ward or conservatee pursuant to the Probate Code.

Official Citation: 65 Ops.Cal.Atty.Gen. 417 		07/02/1982
81-507 Is a person applying for a certificate of rehabilitation, who committed a felony prior to January 1, 1981, and was not discharged or released on parole prior to May 13, 1943, required to complete the period of rehabilitation set out in Penal Code section 4852.03, as amended effective January 1, 1981, or the period in effect at the time he committed his offense? A person who committed a felony prior to January 1, 1981 and was not discharged or released on parole prior to May 13, 1943, is required to complete the period of rehabilitation set out in Penal Code section 4852.03, as amended effective January 1, 1981, in order to apply for and obtain a certificate of rehabilitation.

Official Citation: 65 Ops.Cal.Atty.Gen. 232 		04/08/1982
81-506 1. May the City of Pacific Grove require the collection by the state or its agents of a transient occupancy tax for the occupation of rooms at the Asilomar Conference Grounds?

2. May the County of Monterey require the collection by the state or its agents of a transient occupancy tax for the occupation of rooms at the Pfeiffer Big Sur State Park?

3. For such purposes, may the City of Pacific Grove or the County of Monterey require the state or its agents to pay a penalty for late transmittal of tax receipts collected by the state or its agents? 		1. The City of Pacific Grove may require the collection by the state or its agents of a transient occupancy tax for the occupation of rooms at the Asilomar Conference Grounds.

2. The County of Monterey may require the collection by the state or its agents of a transient occupancy tax for the occupation of rooms at the Pfeiffer Big Sur State Park.

3. For such purposes, the City of Pacific Grove and the County of Monterey may require the state or its agents to pay a penalty for late transmittal of tax receipts collected by the state or its agents.

Official Citation: 65 Ops.Cal.Atty.Gen. 267 		05/05/1982
81-503 Does the showing of videocassette tapes of motion pictures to prison inmates by correctional authorities constitute an infringement of copyright? The showing of videocassette tapes of motion pictures to prison inmates by correctional authorities without authorization from the copyright owner constitutes an infringement of copyright.

Official Citation: 65 Ops.Cal.Atty.Gen. 106 		02/05/1982
81-410 1. How do the provisions of section 3(c) of article XIII B of the California Constitution, which provide for the expenditure of funds by state and local governments in excess of permissible limits in the event of an emergency, affect the limits that these bodies may appropriate in subsequent years?

2. What circumstances constitute an "emergency" within the meaning of article XIII B, section 3(c)? 		1. Under section 3(c) of article XIII B of the California Constitution, when an emergency occurs, the appropriation limit for a governmental entity in that fiscal year may be exceeded for that year only by the amount needed to pay for the emergency but the limits that would otherwise have been placed on its appropriations for the subsequent three years must be reduced to recoup the entire additional spending occasioned by the emergency.

2. As used in section 3(c), the term "an emergency" refers to an extraordinary occurrence or combination of circumstances that was unforeseen and unexpected at the time a governmental entity adopted its budget for the fiscal year in which it occurs and which requires immediate and sudden action of a drastic but temporary nature. The action it engenders must relate to redressing the emergency itself and not be intertwined with addressing other matters, must be undertaken within a short time after the untoward events occur, and must not be continuous. While an emergency may stem from other than natural causes, an inability to or difficulty in carrying out voluntarily undertaken normal governmental operations because of financial straits does not constitute an emergency within the meaning of section 3(c).

Official Citation: 65 Ops.Cal.Atty.Gen. 151 		03/02/1982
81-305 Must the City of San Mateo, a charter city, comply with the provisions of Government Code section 50490, et seq., requiring the approval of the owners of 51 percent of the real property constituting an assessment district, if the city wishes to lease the airspace over a city-owned parking lot that was acquired with assessment district funds? The City of San Mateo, a charter city, is not required to comply with the provisions of Government Code section 50490, et seq., since its charter and its ordinances adopted pursuant thereto establish a complete legislative scheme with respect to street improvement and off-street parking, which matters are municipal affairs that are not subject to general law.

Official Citation: 65 Ops.Cal.Atty.Gen. 383 		06/22/1982
81-209 Is a person who has been awarded the excess proceeds from a tax deed sale, after a judicial hearing as provided in Revenue and Taxation Code section 4675, entitled to interest on that award and, if so, how is that interest calculated? A person who has been awarded the excess proceeds from a tax deed sale, after a judicial hearing as provided in Revenue and Taxation Code section 4675, is not entitled to interest on that award.

Official Citation: 65 Ops.Cal.Atty.Gen. 1 		01/07/1982
81-121 1. Who is responsible for the collection of penalty assessments levied against criminal defendants for the benefit of crime victim programs?

2. May a penalty assessment be levied against a criminal defendant who does not have a present ability to pay such assessment?

3. Is the payment under Penal Code section 2713.1, which is made to a prisoner upon release from prison, subject to postjudgment garnishment prior to that release to collect unpaid penalty assessments? 		1. The clerk of the court is responsible for the collection of penalty assessments levied against criminal defendants for the benefit of crime victim programs.

2. A penalty assessment may be levied by the trial court without regard to the criminal defendant's present ability to pay such assessment.

3. The payment under Penal Code section 2713.1, which is made to a prisoner upon release from prison, is not subject to postjudgment garnishment prior to that release to collect unpaid penalty assessments.

Official Citation: 65 Ops.Cal.Atty.Gen. 581 		10/21/1982
81-114 When may the board of directors of an irrigation district lawfully dispense with its assessment equalization function under Water Code sections 25550-25559? The board of directors of an irrigation district may dispense with its assessment equalization function under Water Code sections 25550-25559 when assessments are not necessary for district funding or if the district has transferred its assessment functions to the county.

Official Citation: 65 Ops.Cal.Atty.Gen. 187 		03/11/1982