Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1984

Opinion Question Conclusion(s) Issued
84-1105 1. May a deputy sheriff of Alpine County simultaneously hold the office of county supervisor of that county?

2. If the answer is "no," would a waiver of one of the salaries of the two positions cure the legal prohibition? 		1. A deputy sheriff of Alpine County may not simultaneously hold the office of county supervisor of that county.

2. A waiver of one of the salaries of the two positions would not cure such legal prohibition.

Official Citation: 68 Ops.Cal.Atty.Gen. 7 		12/28/1984
84-1001 May a majority of a quorum of the board of supervisors, while acting as the county board of equalization, act upon a matter if such majority is less than a majority of the full board? A majority of a quorum of the board of supervisors, while acting as the county board of equalization, may act upon a matter even if such majority is less than a majority of the full board.

Official Citation: 67 Ops.Cal.Atty.Gen. 514 		12/04/1984
84-902 May a California law enforcement agency lawfully utilize checkpoints in the detection and apprehension of persons driving under the influence of intoxicating substances? California law enforcement agencies may lawfully utilize checkpoints in the detection and apprehension of persons driving under the influence of intoxicating substances if sufficient safeguards are taken to minimize the intrusions on motorists.

Official Citation: 67 Ops.Cal.Atty.Gen. 471 		11/08/1984
84-805 Does the sale of pharmaceutical products and devices to nonprofit clinics funded by the Office of Family Planning fall within the Section 13c exemption of the Robinson-Patman Act when such products are purchased for resale to Medi-Cal and "private pay" patients in competition with private pharmacies? The sale of pharmaceutical products and devices to nonprofit clinics funded by the Office of Family Planning falls within the Section 13c exemption of the Robinson-Patman Act when such products are purchased for resale to Medi-Cal and "private pay" patients in competition with private pharmacies.

Official Citation: 67 Ops.Cal.Atty.Gen. 522 		12/20/1984
84-802 What, if any, are the independent emergency powers of local law enforcement officers to restrict entry to an area damaged by an earthquake? Local law enforcement officers have independent emergency powers to restrict entry to an area damaged by an earthquake while a threat exists to the public health and safety as reasonably determined on a case-by-case basis. State officials performing official duties on behalf of the state and, in general, representatives of the news media may not be denied access.

Official Citation: 67 Ops.Cal.Atty.Gen. 535 		12/26/1984
84-801 Is a federal magistrate authorized to solemnize marriages pursuant to section 4205 of the California Civil Code? A federal magistrate is not authorized to solemnize marriages pursuant to section 4205 of the California Civil Code.

Official Citation: 67 Ops.Cal.Atty.Gen. 443 		10/23/1984
84-706 May an organization licensed to conduct bingo games under Penal Code section 326.5 install and utilize player- operated computerized electronic video machines for this purpose? An organization licensed to conduct bingo games may not install and utilize player-operated computerized electronic video machines for this purpose.

Official Citation: 67 Ops.Cal.Atty.Gen. 528 		12/21/1984
84-705 May a clerk of the board of supervisors of a charter county be appointed by the board pursuant to Government Code section 25100.5 despite a contrary provision in the county charter? The board of supervisors of a charter county may not appoint a clerk of the board pursuant to Government Code section 25100.5 where such appointment would be contrary to the county charter.

Official Citation: 67 Ops.Cal.Atty.Gen. 402 		08/29/1984
84-703 May funds raised under the New Prison Construction Bond Act of 1984 be used for the renovation or expansion of California Youth Authority facilities to house youthful offenders who are ordered by the court to be transferred to the Youth Authority pursuant to section 1731.5 of the Welfare and Institutions Code. Funds raised under the New Prison Construction Bond Act of 1984 may not be used for the renovation or expansion of California Youth Authority facilities to house youthful offenders who are ordered by the court to be transferred to the Youth Authority pursuant to section 1731.5 of the Welfare and Institutions Code.

Official Citation: 67 Ops.Cal.Atty.Gen. 438 		10/11/1984
84-702 May a minor whose parents reside in one school district lawfully attend elementary or high school in another school district by living with "friends" in that district? A minor whose parents reside in one school district may not attend elementary or high school in another school district by living in that district with "friends."

Official Citation: 67 Ops.Cal.Atty.Gen. 452 		11/02/1984
84-701 May the Senate Rules Committee pay for health insurance coverage for Senate members? The Senate Rules Committee currently may not pay for health insurance coverage for Senate members.

Official Citation: 67 Ops.Cal.Atty.Gen. 467 		11/07/1984
84-604 1. Are the provisions of section 19050.6 of title 2 of the California Administrative Code in conflict with Elections Code sections 500 and 503?

2. If and to the extent a conflict exists, are the provisions of the administrative regulation void? 		1. Certain provisions of section 19050.6 of title 2 of the California Administrative Code are in conflict with Elections Code sections 500 and 503.

2. To the extent a conflict exists, the provisions of the administrative regulation are void.

Official Citation: 67 Ops.Cal.Atty.Gen. 446 		10/25/1984
84-602 Does the appointment of the incumbent agricultural commissioner to the consolidated office of agricultural commissioner-sealer of weights and measures after the incumbent sealer's term expires but before the commissioner's term expires give him a four year term in the consolidated office commencing with such appointment? The appointment of the incumbent agricultural commissioner to the consolidated office of agricultural commissioner-sealer of weights and measures after the sealer's term expires but before the commissioner's term expires gives him a four year term in the consolidated office commencing with such appointment.

Official Citation: 67 Ops.Cal.Atty.Gen. 428 		10/10/1984
84-601 Must the county water district which owns and operates a sewer system, or the community services district which maintains certain public roads, bear the cost of adjusting sewer manhole covers to street grade when the community services district improves the road to a new grade? The county water district which owns and operates a sewer system must bear the cost of adjusting sewer manhole covers to street grade when the community services district improves the public road to a new grade.

Official Citation: 67 Ops.Cal.Atty.Gen. 517 		12/06/1984
84-506 In view of the provisions of article VI, section 17 of the California Constitution, may a superior court judge accept the position of county law library trustee? Article VI, section 17 of the California Constitution does not preclude a superior court judge from also being a county law library trustee.

Official Citation: 67 Ops.Cal.Atty.Gen. 385 		08/16/1984
84-505 May a school district presently providing health and life insurance benefits to present and eligible former board members discontinue such benefits (a) during current terms of board members; (b) as to former board members who had already qualified for lifetime benefits; (c) upon the commencement of new terms of current board members; (d) as to future new board members? A school district presently providing health and life insurance benefits to present and eligible former board members may not, in the absence of constitutional justification, discontinue such benefits (a) during the current terms of board members or (b) as to former board members who had already qualified for lifetime benefits, but may discontinue such benefits (c) upon the commencement of new terms of current board members or (d) as to future new board members.

Official Citation: 67 Ops.Cal.Atty.Gen. 510 		12/04/1984
84-504 Should riding a bicycle on a highway while under the influence of alcohol or drugs or both be charged as a violation of Vehicle Code section 21200(b) or as a violation of Vehicle Code section 23152(a) as made applicable to bicycles by section 21200(a), and is the offense a misdemeanor or an infraction? Riding a bicycle on a highway while under the influence of alcohol or drugs or both is an infraction which should be charged as a violation of Vehicle Code section 21200(b).

Official Citation: 67 Ops.Cal.Atty.Gen. 398 		08/29/1984
84-503 Do the positions of general manager of a county water district, the greater portion of which is located within county territory, and member of the board of supervisors of the same county constitute incompatible offices? The positions of general manager of a county water district, the greater portion of which is located within county territory, and member of the board of supervisors of the same county constitute incompatible offices.

Official Citation: 67 Ops.Cal.Atty.Gen. 409 		09/13/1984
84-410 Is the Controller required by Education Code sections 14002, 14004, and 41301 to transfer the amounts specified in Education Code section 41301 from the General Fund to the State School Fund? The Controller is required by Education Code sections 14002, 14004, and 41301 to transfer the amounts specified in Education Code section 41301 from the General Fund to the State School Fund.

Official Citation: 67 Ops.Cal.Atty.Gen. 393 		08/29/1984
84-409 Under what circumstances will the Attorney General grant leave for a private party to sue in quo warranto?

Is a trustee of a Taft-Hartley trust an "official of a life insurer" for purposes of Government Code section 20100, subdivision (c), qualifying him to serve on the Board of Administration of the Public Employees' Retirement System? 		The Attorney General will grant leave for a private party to sue in quo warranto when (1) the application presents a substantial question of law or fact and (2) it appears the public interest would be served by judicial resolution of the question.

A trustee of a Taft-Hartley trust is an "official of a life insurer" for purposes of Government Code section 20100, subdivision (c), and is therefore qualified to serve on the Board of Administration of the Public Employees' Retirement System.

Official Citation: 67 Ops.Cal.Atty.Gen. 151 		04/16/1984
84-408 1. On what date does the term of each of the present members of the Board of Governors of the California Community Colleges expire?

2. On what date may the Governor appoint the first voting tenured faculty member of the Board of Governors of the California Community Colleges? 		1. The term of each of the present members of the Board of Governors of the California Community Colleges expires on the fifteenth day of January of the fourth year following the expiration of the preceding term.

2. The Governor may appoint the first voting tenured faculty member of the Board of Governors of the California Community Colleges on January 15, 1984.

Official Citation: 67 Ops.Cal.Atty.Gen. 220 		05/30/1984
84-407 Does the State Allocation Board have the authority to require a school district with a lease-purchase project funded by bond revenues from the State School Building Lease-Purchase Bond Law of 1982 to contribute either 10 percent of the project's cost in the first year or 1 percent of the project's cost per year for 10 years to the State School Deferred Maintenance Fund? The State Allocation Board does not have the authority to require a school district with a lease-purchase project funded by bond revenues from the State School Building Lease-Purchase Bond Law of 1982 to contribute either 10 percent of the project's cost in the first year or 1 percent of the project's cost per year for 10 years to the State School Deferred Maintenance Fund.

Official Citation: 67 Ops.Cal.Atty.Gen. 424 		10/04/1984
84-406 Does the Los Angeles County Grand Jury have the authority to conduct an audit of the Office of the Marshal of the Municipal Courts in said county? The Los Angeles County Grand Jury has the authority to conduct an audit of the Office of the Marshal of the Municipal Courts in said county.

Official Citation: 67 Ops.Cal.Atty.Gen. 519 		12/11/1984
84-405 Are the meetings of the board of directors and executive committee of the Solano Economic Development Corporation (SEDCORP), a private nonprofit corporation, subject to the open meeting requirements of the [Ralph M.] Brown Act (Gov. Code, § 54950 et seq.) because its board of directors and executive committee may be partially composed of members of the Board of Supervisors of Solano County and the various city councils of cities within Solano County, which public bodies have also made financial contributions to the corporation? The meetings of the board of directors and executive committee of the Solano Economic Development Corporation (SEDCORP) are not subject to the open meeting requirements of the Ralph M. Brown Act, Government Code section 54950 et seq. since members of the board of supervisors and various city councils do not serve upon the board of directors in their "official capacity."

Official Citation: 67 Ops.Cal.Atty.Gen. 487 		11/20/1984
84-404 If a state agency, county, city or public utility proceeds with a project which will affect stream flow without notice to the Department of Fish and Game are the state agency, county, city, public utility, or the officers, employees, or contractors thereof who proceed with such project subject to criminal prosecution therefor? Any officer, employee, contractor or other person who proceeds with a project which will affect stream flow on behalf of a state agency, county, city or public utility when the required notice to the Department of Fish and Game has not been provided is subject to criminal prosecution therefor, but the state agency, county or city, as public entities, are not subject to criminal prosecution.

Official Citation: 68 Ops.Cal.Atty.Gen. 355 		08/01/1984
84-402 1. Are insurance agent license fees paid in California by insurance agents includable in the retaliatory tax computations of nondomestic insurers?

2. Are other taxes and license fees, not imposed pursuant to the Insurance Code or section 28 of article XIII of the Constitution, paid in California by insurance agents includable in the retaliatory tax computations of nondomestic insurers?

3. Where an insurance agent represents more than one nondomestic insurer, how are the fees and taxes of the agent that are includable in the retaliatory tax computations to be calculated for each insurer? 		1. The insurance agent license fees paid in California by insurance agents are includable in the retaliatory tax computations of nondomestic insurers.

2. Other taxes and license fees, not imposed pursuant to the Insurance Code or section 28 of article XIII of the Constitution, paid in California by insurance agents are not includable in the retaliatory tax computations of nondomestic insurers unless specifically so provided in the retaliatory tax law.

3. Where an insurance agent represents more than one nondomestic insurer, the fees and taxes of the agent that are includable in the retaliatory tax computations are to be calculated at the full amount for each insurer.

Official Citation: 67 Ops.Cal.Atty.Gen. 341 		07/26/1984
84-401 Do the penalty assessments imposed by subdivision (a)(2) of Penal Code section 1206.8 apply to monies ordered paid in Juvenile Traffic Court pursuant to Welfare and Institutions Code section 258(a)(3)(iii)? The penalty assessments imposed by subdivision (a)(2) of Penal Code section 1206.8 apply to monies ordered paid by a Juvenile Traffic Court pursuant to Welfare and Institutions Code section 258(a)(3)(iii).

Official Citation: 67 Ops.Cal.Atty.Gen. 503 		11/29/1984
84-307 1. Under the provisions of California's Uniform Limited Partnership Act, Corporations Code section 15501 et seq., may the signature of a general partner be subscribed by a duly authorized attorney-in-fact on certificates of limited partnership, amendments thereto, and cancellations thereof?

2. Under the provisions of the California Revised Limited Partnership Act, Corporations Code section 15611 et seq., may the signature of a general partner be subscribed by a duly authorized attorney-in-fact on certificates of limited partnership, amendments thereto, and cancellations thereof? 		1. Under the provisions of California's Uniform Limited Partnership Act, Corporations Code section 15501 et seq., the signature of a general partner may be subscribed by a duly authorized attorney-in-fact on certificates of limited partnership, amendments thereto, and cancellations thereof.

2. Under the provisions of the California Revised Limited Partnership Act, Corporations Code section 15611 et seq., as amended by Statutes of 1984, chapter 103, the signature of a general partner may be subscribed by a duly authorized attorney-in-fact on certificates of limited partnership, amendments thereto, and cancellations thereof.

Official Citation: 67 Ops.Cal.Atty.Gen. 301 		06/28/1984
84-306 Does the borrowing of funds by a city, county, or school district to implement an energy conservation project pursuant to the terms of Public Resources Code sections 25410-25421 require electorate assent under the provisions of section 18 of article XVI of the Constitution? The borrowing of funds by a city, county, or school district to implement an energy conservation project pursuant to the terms of Public Resources Code sections 25410-25421 does not require electorate assent under the provisions of section 18 of article XVI of the Constitution.

Official Citation: 67 Ops.Cal.Atty.Gen. 349 		08/01/1984
84-305 Does the Commission on California State Government Organization and Economy have authority to conduct studies and investigations of the administration and management of the courts in the judicial branch of state government? The Commission on California State Government Organization and Economy has no authority to conduct studies and investigations on the administration and management of the courts in the judicial branch of state government except as they relate to the examination of present laws pertaining to continuing or permanent appropriations of public funds or the methods used in administering such laws.

Official Citation: 67 Ops.Cal.Atty.Gen. 274 		06/15/1984
84-304 Who is responsible for the cost of the original transcript of a deposition where the parties do not stipulate to forego its transcription? As a general matter, where parties to an action do not stipulate to forego the transcription of oral testimony at a deposition, the party who noticed and took the deposition is responsible for the cost of transcription and preparation of the original transcript. When such a cost allocation would be unfair the court may order a different allocation.

Official Citation: 67 Ops.Cal.Atty.Gen. 462 		11/07/1984
84-302 Is the Off-Highway Motor Vehicle Recreation Commission required to review and comment, or to review and approve, proposed expenditures for grants to cities, counties, and special districts and for cooperative agreements with federal agencies? The Off-Highway Motor Vehicle Recreation Commission is required to review and approve proposed expenditures for grants to cities, counties, and special districts and for cooperative agreements with federal agencies if and only to the extent that they are capital outlay expenditures.

Official Citation: 67 Ops.Cal.Atty.Gen. 270 		06/15/1984
84-301 Do Education Code sections 44427-44438 confer authority upon a county board of education to revoke the license to teach in that county of school teachers, administrators, and other certificated employees employed by the school districts of the county or by the county superintendent of schools? Education Code sections 44427-44438 do not confer authority upon a county board of education to revoke the license to teach in that county of school teachers, administrators, and other certificated employees employed by the school districts of the county or by the county superintendent of schools.

Official Citation: 67 Ops.Cal.Atty.Gen. 218 		05/30/1984
84-206 1. May the offices of city attorney and president and board member of an airport authority, a joint exercise of powers agency of which the city is a member, be held simultaneously by the same individual?

2. Is there an "appearance of impropriety" when the same individual holds these offices simultaneously?
 1. Under the provisions of section 1128 of the Government Code the office of appointive city attorney and president and board member of the subject airport authority may be held simultaneously by the same individual.

2. There is no "appearance of impropriety" since the holding of these two offices at the same time is now legally sanctioned by the provisions of section 1128 of the Government Code.

Official Citation: 67 Ops.Cal.Atty.Gen. 347 		08/01/1984
84-201 Will Associate Justice Edward Thomas Butler of the Court of Appeal, Fourth Appellate District, Division One, stand for election for a full 12-year term at the next gubernatorial election, or merely for the unexpired term of Associate Justice Margaret Morris which she vacated upon being elevated to be Presiding Justice of Division Two of that court? Associate Justice Edward Thomas Butler will stand for election for a full 12-year term at the next gubernatorial election.

Official Citation: 67 Ops.Cal.Atty.Gen. 295 		06/28/1984
84-108 1. Does article VI, section 17, of the California Constitution prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from becoming a Senator or Representative in the Congress of the United States before the expiration of such term?

2. Does article VI, section 17, of the California Constitution prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from filing a declaration of candidacy and seeking election to the office of Senator or Representative in the Congress of the United States before the expiration of such term? 		1. Article VI, section 17, of the California Constitution does not prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from becoming a Senator or Representative in, the Congress of the United States before the expiration of such term.

2. Article VI, section 17, of the California Constitution does not prohibit a justice of the Supreme Court or a justice of a court of appeal who resigns from that office before the expiration of the term for which that judge was selected or elected from filing a declaration of candidacy and seeking election to the office of Senator or Representative in the Congress of the United States before the expiration of such term.

Official Citation: 67 Ops.Cal.Atty.Gen. 41 		02/02/1984
84-107 Does the Air Resources Board have the authority to conduct inspections of used cars, regardless of age or mileage, offered for sale at used car dealerships? The Air Resources Board has the authority to conduct inspections of used cars offered for sale at used car dealerships, but only with regard to such cars during the first five years or 50,000 miles of use, whichever first occurs.

Official Citation: 67 Ops.Cal.Atty.Gen. 202 		05/16/1984
84-105 Is Revenue and Taxation Code section 24514, subdivision (a), paragraph (3), constitutional as applied to a corporation which has among its shareholders an alien who is a resident of a country with which the United States has a tax treaty containing a nondiscrimination clause? Revenue and Taxation Code section 24514, subdivision (a), paragraph (3), may not be constitutionally applied to a corporation which has among its shareholders an alien who is a resident of a country with which the United States has a tax treaty containing a nondiscrimination clause.

Official Citation: 67 Ops.Cal.Atty.Gen. 118 		04/04/1984
84-104 Are members of the United States Armed Forces on active duty within California and their spouses required to have California driver's licenses in order to drive upon California highways if they are domiciliaries of another state from which they have been issued valid driver's licenses? Unless they manifest an intent to be located in California on more than a temporary basis, members of the United States Armed Forces on active duty within California and their spouses are not required to have California driver's licenses in order to drive upon California highways if they are domiciliaries of another state from which they have been issued valid driver's licenses. However, presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency. Military persons present in California for six months or more in any 12-month period must obtain a California driver's license within ten days thereafter unless they can establish evidence of non-residency which negates the presumption.

Official Citation: 67 Ops.Cal.Atty.Gen. 313 		07/10/1984
84-103 May the Board of Architectural Examiners delegate to the National Council of Architectural Registration Boards the grading of the graphic design portions of the architectural licensing examination? The Board of Architectural Examiners may not delegate the grading of the graphic design portion of the architectural licensing examination to the National Council of Architectural Registration Boards.

Official Citation: 67 Ops.Cal.Atty.Gen. 286 		06/28/1984
84-102 When a county public defender's office uses the services of its salaried investigators, experts or other personnel to assist in the defense of an indigent defendant in a death penalty prosecution, may that office obtain reimbursement from the state for the costs of such services through a court order pursuant to Penal Code section 987.9? When a county public defender's office uses the services of its salaried investigators, experts or other personnel (other than counsel) to assist in the defense of an indigent defendant in a death penalty prosecution, that office may obtain reimbursement from the state for the costs of such services through a court order pursuant to Penal Code section 987.9.

Official Citation: 67 Ops.Cal.Atty.Gen. 310 		07/10/1984
84-101 Does section 68062, subdivision (h) of the Education Code permit undocumented aliens to establish residence for tuition purposes in California's public institutions of higher education? The legislative history of Education Code section 68062, subdivision (h), demonstrates that the Legislature did not intend to, and the subdivision does not, permit undocumented aliens to establish residence for tuition purposes in California's public institutions of higher education.

Official Citation: 67 Ops.Cal.Atty.Gen. 241 		06/01/1984
83-1206 Is an employee of the Department of Forestry who is receiving industrial disability benefits pursuant to Government Code section 19871 entitled to benefit payments that are measured by the "fire mission" salary rate which otherwise would be paid to him or her during a declared fire mission season as compensation for 24-hour readiness? An employee of the Department of Forestry who is receiving industrial disability benefits pursuant to Government Code section 19871 is entitled to benefit payments that are measured by the "fire mission" salary rate which otherwise would be paid to him or her during a declared fire mission season as compensation for 24-hour readiness.

Official Citation: 67 Ops.Cal.Atty.Gen. 142 		04/06/1984
83-1205 May a California domiciled state or national bank having a trust department which is the trustee under an instrument which either directs or authorizes the investment of the corpus in United States government obligations, invest such corpus in a mutual fund, the portfolio of which is limited to short-term United States Treasury obligations? A California domiciled state or national bank having a trust department which is the trustee under an instrument which directs the investment of the corpus in United States government obligations, may not invest such corpus in a mutual fund, the portfolio of which is limited to short-term United States Treasury obligations.

Whether a California domiciled state or national bank having a trust department which is the trustee under an instrument which authorizes the investment of the corpus in United States government obligations, may invest such corpus in a mutual fund, the portfolio of which is limited to short-term United States Treasury obligations, would depend upon the intent of the trustor respecting the exclusivity of such authorization and the degree of discretion vested in the trustee, as determined upon an examination of the entire instrument.

Official Citation: 67 Ops.Cal.Atty.Gen. 212 		05/23/1984
83-1204 What is the term of the mayor and the mayor pro tem of a general law city chosen pursuant to Government Code section 36801? The mayor and the mayor pro tem of a general law city chosen pursuant to Government Code section 36801 have no fixed term but serve at the pleasure of the city council which selects them.

Official Citation: 67 Ops.Cal.Atty.Gen. 405 		09/13/1984
83-1203 Does article VI, section 17, of the California Constitution prohibit a supreme court justice who resigns from that office before the expiration of his or her term from accepting a public teaching position before the expiration of such term? Article VI, section 17, of the California Constitution does prohibit a supreme court justice who resigns from that office before the expiration of his or her term from accepting a public teaching position before the expiration of such term.

Official Citation: 67 Ops.Cal.Atty.Gen. 149 		04/10/1984
83-1202 Where the city council has designated itself the community redevelopment agency does a city councilman vacate his office as councilman when he ceases to discharge his duties as a member of that agency for three consecutive months? Where the city council has designated itself the community redevelopment agency a city councilman does not vacate his office as city councilman when he ceases to discharge his duties as a member of that agency for three consecutive months.

Official Citation: 67 Ops.Cal.Atty.Gen. 459 		11/06/1984
83-1201 Under the "window" provisions of chapter 1095 of the Statutes of 1981, may a local government find at its option that the proposed alternative use of Williamson Act contract property is consistent with either the October 1, 1981, general plan or with the general plan amended thereafter as a result of proceedings initiated before January 1, 1982? A local government may not approve an alternative use of Williamson Act contract property which is not consistent with its current general plan under the "window" provisions of chapter 1095 of the Statutes of 1981.

Official Citation: 67 Ops.Cal.Atty.Gen. 247 		06/05/1984
83-1110 Does Government Code section 54776.1(b), which requires a county board of supervisors to fund a Local Agency Formation Commission ("LAFCO") a budget based on "the amount provided in the prior fiscal year", refer to the amount that had been appropriated in the county budget for LAFCO or the amount that LAFCO actually expended during that period? The provision of Government Code section 54776.1(b) that requires a county board of supervisors to fund a LAFCO a budget based on "the amount provided in the prior fiscal year" refers to the amount that board had appropriated for the LAFCO in the county budget for that year.

Official Citation: 67 Ops.Cal.Atty.Gen. 205 		05/23/1984
83-1107 Is an advisory committee which has been created by the Board of Supervisors to advise it on airport matters entitled to meet in closed session with counsel with respect to litigation to which the board is the sole party representing the interests of the county? Assuming that such a meeting with counsel which is held by the advisory committee properly relates to its powers and duties to advise the Board of Supervisors on airport matters, such committee may meet with counsel in closed session to discuss litigation to which the board is the sole party representing the interests of the county.

Official Citation: 67 Ops.Cal.Atty.Gen. 111 		03/20/1984
83-1106 May a county board of supervisors adopt ordinances authorizing the placement of stop signs and the establishment of speed zones on roads owned and maintained by a community services district? A county board of supervisors may not adopt ordinances authorizing the placement of stop signs and the establishment of speed zones on roads owned and maintained by a community services district.

Official Citation: 67 Ops.Cal.Atty.Gen. 145 		04/10/1984
83-1105 May a county establish a nonstatutory pretrial diversion program for defendants charged with sales of small amounts of marijuana? A county may not establish a nonstatutory pretrial diversion program for defendants charged with sales of small amounts of marijuana.

Official Citation: 68 Ops.Cal.Atty.Gen. 1 		12/28/1984
83-1104 Is the Los Angeles Olympic Organizing Committee precluded by Labor Code section 1051 from providing to a law enforcement agency photographs and fingerprints for purposes of screening, pursuant to Labor Code section 432.7, subdivision (k), applicants for employment and for positions requiring Olympic accreditation, including concessionaires and contractors? The Los Angeles Olympic Organizing Committee is precluded by Labor Code section 1051 from providing to a law enforcement agency photographs and fingerprints for purposes of screening, pursuant to Labor Code section 432.7, subdivision (k), applicants for employment and for positions requiring Olympic accreditation, including concessionaires and contractors.

Official Citation: 67 Ops.Cal.Atty.Gen. 23 		01/10/1984
83-1103 Does the Information Practices Act of 1977 override the attorney-client privilege where an individual seeks access to information about himself which is maintained by a state agency and which falls within the scope of that privilege? The Information Practices Act of 1977 does not override the attorney-client privilege as to information sought by an individual about himself which is maintained by a state agency and which falls within the scope of that privilege.

Official Citation: 67 Ops.Cal.Atty.Gen. 264 		06/15/1984
83-1102

May a state board or commission have more than one employee exempt from the state civil service? 		A state board or commission appointed by the Governor or authorized by statute may have, exempt from the state civil service, in addition to the members of, and a deputy or employee selected by, such board or commission, as many officers as are directly appointed by the Governor and a deputy or employee selected by each such officer other than the members of such board or commission.

Official Citation: 67 Ops.Cal.Atty.Gen. 27 		01/13/1984
83-1101 1. Does the filing by a bail bond surety of a notice of appeal from a summary judgment of bond forfeiture stay the enforcement of that judgment?

2. Does the filing by a bail bond surety of a motion to vacate a summary judgment of bond forfeiture stay the enforcement of that judgment?

3. Does the filing by a bail bond surety of a notice of appeal from or a motion to vacate a summary judgment of bond forfeiture stay the disqualification of the bond surety? 		1. The filing by a bail bond surety of a notice of appeal from a summary judgment of bond forfeiture does not stay the enforcement of that judgment.

2. The filing by a bail bond surety of a motion to vacate a summary judgment of bond forfeiture does not stay the enforcement of that judgment.

3. The filing by a bail bond surety of a notice of appeal from or a motion to vacate a summary judgment of bond forfeiture stays the disqualification of the bond surety.

Official Citation: 67 Ops.Cal.Atty.Gen. 382 		08/16/1984
83-1009 1. In performing his duties under Education Code section 94310, subdivision (c), may the Superintendent of Public Instruction require of an institution the identification of each instructor of each course, a transcript, diploma, or other primary evidence of each instructor's stated qualifications, and that each instructor have preparation equivalent to the level and content of the course to be taught?

2. What type of assets of an institution may form the basis for compliance with Education Code section 94310, subdivision (c)?

3. Must the assets of an institution qualifying under Education Code section 94310, subdivision (c), provide sufficient resources to achieve the stated educational objectives of the institution that are multi-year in length? 		1. In performing his duties under Education Code section 94310, subdivision (c), the Superintendent of Public Instruction may require of an institution the identification of each instructor and a transcript, diploma, or other primary evidence of each instructor's stated qualifications but may not require a list of each instructor's courses or that each instructor have preparation equivalent to the level and content of the courses to be taught.

2. The type of assets of an institution that may form the basis for compliance with Education Code section 94310, subdivision (c), are those that may be reasonably used to fulfill the institution's educational purposes determined on a case by case basis.

3. The assets of an institution qualifying under Education Code section 94310, subdivision (c), must provide sufficient resources to achieve the stated educational objectives of the institution that are multi-year in length.

Official Citation: 67 Ops.Cal.Atty.Gen. 169 		04/24/1984
83-1008 1. May a county supervisor, who serves ex-officio as a director of the Yuba County Water Agency, and who owns land within a California water district, a component unit of the water agency, lawfully participate in agency matters which directly affect the water district?

2. May a director of the Yuba County Water Agency, who serves on the agency board as an elected representative of the agency's advisory council, and who derives his position on the council from his position as a director of a California water district and a landowner therein, lawfully participate in agency matters which directly affect that water district. 		1. Whether the described County supervisor-director may lawfully participate in agency matters which will directly affect the water district in which he owns land will depend upon a proper application of sections 87100-87103 of the Political Reform Act of 1974, as implemented by regulations of the Fair Political Practices Commission. Also, the agency's conflict of interest code should be consulted.

As to agency matters involving contracts, whether the agency board may even act at all will depend upon a proper application of section 1090 et seq. of the Government Code. An initial application of those sections to the facts may be determinative with respect to contractual matters and preclude any need for further analysis under the Political Reform Act of 1974.

The common law doctrine concerning conflicts of interest may also be relevant.

2. Insofar as the common law doctrine against holding incompatible offices is concerned, it has been abrogated with respect to the offices involved, and the described agency director may act in agency matters which directly affect his water district. The described agency director should, however, follow the same basic analysis with respect to personal conflicts of interest as the supervisor-director.

Official Citation: 67 Ops.Cal.Atty.Gen. 369 		08/01/1984
83-1007 May a Certified Registered Nurse Anesthetist lawfully administer regional anesthetics pursuant to a "standardized procedure." A Certified Registered Nurse Anesthetist may lawfully administer a regional anesthetic when ordered by and within the scope of licensure of a physician, dentist or podiatrist but not pursuant to a "standardized procedure."

Official Citation: 67 Ops.Cal.Atty.Gen. 122 		04/05/1984
83-1006 Do the reporting requirements of section 410(1) of the Health and Safety Code apply to state physicians who review medical reports and health questionnaires of applicants for state employment but take no part in the diagnosis and treatment of particular conditions? In appropriate circumstances described herein the reporting requirements of section 410(1) of the Health and Safety Code apply to state physicians who review medical reports and health questionnaires of applicants for state employment even though they take no part in the diagnosis and treatment of particular conditions.

Official Citation: 67 Ops.Cal.Atty.Gen. 256 		06/12/1984
83-1003 Are the earthquake safety standards of the Field Act applicable to a building leased for a period in excess of three years by a school district to provide health services to pupils, where the pupils enter the building voluntarily to obtain the services? The earthquake safety standards of the Field Act are applicable to a building leased by a school district for a period in excess of three years to provide health services to pupils, where the pupils enter the building voluntarily to obtain the services.

Official Citation: 67 Ops.Cal.Atty.Gen. 55 		02/16/1984
83-1002 May a hospital district contract with a private insurance carrier pursuant to Government Code sections 53200-53205 to invest its pension fund monies in the stock and real estate divisions of the carrier's separate account through the purchase of a variable group annuity in which the carrier assumes no risk and the district is able to transfer its funds at will? A hospital district may not contract with a private insurance carrier to purchase a variable group annuity under Government Code sections 53200-53205.

Official Citation: 67 Ops.Cal.Atty.Gen. 492 		11/27/1984
83-1001 May the Board of Supervisors of the Ventura County Flood Control District levy and collect an ad valorem assessment upon the taxable property of the district or any zone thereof? The Board of Supervisors of the Ventura County Flood Control District may levy and collect an ad valorem assessment upon the taxable property (but only land and improvements) of the district or any zone thereof.

Official Citation: 67 Ops.Cal.Atty.Gen. 17 		01/10/1984
83-913 1. What duties may be assigned to a municipal court commissioner, who is not a temporary judge, when he or she is conducting an arraignment in a criminal case pursuant to Government Code section 72190.1?

2. Does a municipal court commissioner who is not a temporary judge have the authority to preside over the preliminary hearing of a defendant charged with a felony offense? 		1. A municipal court commissioner, who is not a temporary judge, when he or she is conducting an arraignment in a criminal case pursuant to Government Code section 72190.1, may be assigned only subordinate judicial duties, which are duties not involving serious, complex or diverse issues of fact or law.

2. A municipal court commissioner who is not a temporary judge does not have the authority to preside over the preliminary examination of a defendant charged with a felony offense.

Official Citation: 67 Ops.Cal.Atty.Gen. 162 		04/24/1984
83-912 THE HONORABLE LLOYD G. CONNELLY, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question concerning the agenda item for the July 14, 1983, meeting of the State Board of Food and Agriculture pertaining to the Tuolumne River and the action taken by the board at such meeting to oppose the designation by Congress of the Tuolumne River as Wild and Scenic and the designation of the Tuolumne River Canyon as a Wilderness Area:

1. Did such agenda item comply with the "specific agenda" requirements of the Bagley-Keene Open Meeting Act, Government Code section 11120 et seq?

2. Was the resolution of the State Board of Food and Agriculture adopted at its July 14, 1983, meeting invalid, or are the provisions of the Bagley-Keene Open Meeting Act directory and not mandatory? 		1. The agenda item did not comply with the "specific agenda" requirements of the Bagley-Keene Open Meeting Act, Government Code section 11120 et seq.

2. The provisions of the Bagley-Keene Open Meeting Act are directory, not mandatory, and accordingly the resolution in question was not invalid.

Official Citation: 67 Ops.Cal.Atty.Gen. 84 		03/08/1984
83-911 Is a medical practitioner or a nonmedical practitioner, as defined in the Child Abuse Reporting Law, required by that law to make a report to a child protective agency when a child receives medical attention for a sexually transmitted disease, for birth control, for pregnancy or for abortion? The obligation of a medical practitioner or a nonmedical practitioner, as defined in the Child Abuse Reporting Law, to make a report to a child protective agency arises when such person in his or her professional capacity has knowledge of or observes a child who he or she knows or reasonably suspects has been the victim of child abuse. A report is required when a child under age 14 receives medical attention for a sexually transmitted disease, for pregnancy or for abortion. A report is required when a child age 14 or older receives such attention if additional facts point to child abuse.

Official Citation: 67 Ops.Cal.Atty.Gen. 235 		06/01/1984
83-909 Must the adjustment of drug product prices pursuant to Welfare and Institutions Code section 14105.7 be accomplished by adopting and amending formal regulations under the provisions of the Administrative Procedure Act? The adjustment of drug product prices pursuant to Welfare and Institutions Code section 14105.7 may be accomplished by means other than adopting and amending formal regulations under the provisions of the Administrative Procedure Act.

Official Citation: 67 Ops.Cal.Atty.Gen. 50 		02/16/1984
83-906 May a district attorney publish or cause to be published in a newspaper the names of absent parents for whom warrants of arrest have been issued for failure to provide child support when the purpose of such publication is to obtain public assistance in locating such absent parents? A district attorney may publish or cause to be published in a newspaper the names of absent parents for whom warrants of arrest have been issued for failure to provide child support when the purpose of such publication is to obtain public assistance in locating such absent parents.

Official Citation: 67 Ops.Cal.Atty.Gen. 431 		10/11/1984
83-904 Do the "reciprocity" provisions of article 7 of the Medical Practice Act, and particularly those of section 2135 thereof, apply to the Board of Osteopathic Examiners' licensure of doctors of osteopathic medicine? The "reciprocity" provisions of article 7 of the Medical Practice Act, including those of section 2135, do apply to the licensure of doctors of osteopathic medicine by the Board of Osteopathic Examiners.

Official Citation: 67 Ops.Cal.Atty.Gen. 98 		03/20/1984
83-903 May committees from grand juries of separate counties lawfully meet together and conduct a joint investigation of a multicounty taxing district which includes such counties? Committees from grand juries of separate counties may lawfully meet together and conduct a joint investigation of a multicounty taxing district which includes such counties for limited purposes to assist their respective grand juries in the performance of their functions.

Official Citation: 67 Ops.Cal.Atty.Gen. 58 		02/24/1984
83-902 Is there a general legal duty for California judges and peace officers to report persons to the Immigration and Naturalization Service who they learn have entered the United States illegally in violation of title 8, United States Code section 1325? There is no general affirmative legal duty in the sense of a legally enforceable obligation incumbent on peace officers and judges in California to report to the Immigration and Naturalization Service (INS) knowledge they might have about persons who entered the United States by violating title 8, United States Code section 1325, but such public officials may report that knowledge if they choose to do so unless it was learned in a process made confidential by law.

Official Citation: 67 Ops.Cal.Atty.Gen. 331 		07/24/1984
83-814 1. May the State Athletic Commission license one of its members as a professional boxing referee?

2. Does the State Athletic Commission have authority to license a person as a professional boxing referee with a provision that the license is not valid within California? 		1. The State Athletic Commission may license one of its members as a professional boxing referee.

2. The State Athletic Commission does not have the authority to license a person as a professional boxing referee with a provision that the license is not valid within California.

Official Citation: 67 Ops.Cal.Atty.Gen. 7 		01/04/1984
83-812 Are providers of services under federally funded state alcohol or drug abuse programs prohibited by federal laws and regulations from reporting child abuse information pursuant to the California Child Abuse Reporting Law? Providers of services under federally funded state alcohol or drug abuse programs are prohibited by federal laws and regulations, except upon the conditions and specifications therein expressly provided, from reporting child abuse information pursuant to the California Child Abuse Reporting Law.

Official Citation: 67 Ops.Cal.Atty.Gen. 225 		06/01/1984
83-810 Do marriage, family and child counselors have the statutory authority to construct, administer and interpret psychological tests? Marriage, family and child counselors have the statutory authority to construct, administer and interpret "psychological tests" but to do so only within the course of their practice, when within their field or fields of competence as established by education, training, and experience, and when such could and would be used to examine an interpersonal relationship between spouses or members of a family for the purpose of achieving more adequate, satisfying and productive marriage and family adjustments.

Official Citation: 67 Ops.Cal.Atty.Gen. 278 		06/28/1984
83-808 1. May the California Student Aid Commission distribute a list of names of students, along with pertinent information as to the status of their loans, who have defaulted or who are delinquent in payments on guaranteed student loans, to schools participating in the State Guaranteed Loan Program in order to enable such schools to assist in the collection process?

2. May the California Student Aid Commission advise a lender participating in the State Guaranteed Loan Program whether an applicant for a guaranteed student loan is in default on a prior student loan?

3. May the California Student Aid Commission advise lenders participating in the State Guaranteed Loan Program of a school's default rate on guaranteed student loans? 		1. The California Student Aid Commission may distribute a list of names of students, along with pertinent information as to the status of their loans, who have defaulted or who are delinquent in payments on guaranteed student loans, to schools participating in the State Guaranteed Loan Program in order to enable such schools to assist in the collection process.

2. The California Student Aid Commission may advise a lender participating in the State Guaranteed Loan Program whether an applicant for a guaranteed student loan is in default on a prior student loan.

3. The California Student Aid Commission may advise lenders participating in the State Guaranteed Loan Program of a school's default rate on guaranteed student loans.

Official Citation: 67 Ops.Cal.Atty.Gen. 414 		09/20/1984
83-806 1. May the deposition of a conditionally examined witness, if otherwise admissible, be used at a preliminary hearing?

2. Will the deposition of a conditionally examined witness when admitted into evidence have the same effect as if the witness had appeared and testified at the preliminary hearing or the trial?

3. Does the procedure for the conditional examination of a witness apply in a misdemeanor case?

4. May a witness be conditionally examined when he is about to leave this state for another state which has adopted the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases?

5. Will notice to the defendant by the police that a witness will be conditionally examined commence the running of the three days' notice period?

6. How is the three days' notice period calculated?

7. May a conditional examination be conducted on less than three days' notice?

8. Is a hearing always necessary on an application for a conditional examination?

9. May the prosecutor request bail to ensure the defendant's presence at a conditional examination?

10. May a continuance be granted in the taking of a conditional examination?

11. Does the defendant waive his rights to counsel and to confrontation when his counsel does not attend the conditional examination?

12. When the defendant's counsel does not attend the conditional examination, may the judge ordering the examination or the magistrate presiding at the examination appoint another counsel to represent the defendant at the examination?

13. May a conditional examination be conducted in the absence of the defendant and his counsel?

14. Must the party introducing the transcript of the conditional examination at the preliminary hearing or at the trial meet the requirements of Evidence Code section 240?

15. May the magistrate presiding over the preliminary hearing, who was also the magistrate presiding over the conditional examination, take judicial notice of the conditional examination in lieu of the production of a transcript?

16. May a videotape of a conditional examination be used in evidence in lieu of a transcript? 		1. The deposition of a conditionally examined witness, if otherwise admissible, may be used at a preliminary hearing.

2. The deposition of a conditionally examined witness when admitted into evidence will have the same effect as if the witness had appeared and testified at the preliminary hearing or the trial.

3. The procedure for the conditional examination of a witness applies in a misdemeanor case.

4. A witness may be examined conditionally when he is about to leave this state for another state which has adopted the Uniform Act to Secure the Attendance of Witnesses from without the State in Criminal Cases.

5. Notice to the defendant by the police that a witness will be conditionally examined does not commence the running of the three days' notice period.

6. The three days' notice period is calculated pursuant to Civil Code section 10.

7. A conditional examination, when ordered, may be conducted on less than three days' notice.

8. A hearing is necessary on an application for a conditional examination unless the parties stipulate to the examination order, the hearing is waived by the parties or the application is uncontested.

9. The prosecutor may request bail to ensure the defendant's presence at a conditional examination of a witness.

10. A continuance may be granted in the taking of a conditional examination.

11. The fact that defendant's counsel does not attend the conditional examination does not in itself establish that the defendant has waived his rights to counsel and to confrontation.

12. When the defendant's counsel does not attend the conditional examination the judge ordering the examination or the magistrate presiding over it may appoint another counsel to represent the defendant at the examination.

13. A conditional examination may be conducted in the absence of the defendant and his counsel but the transcript thereof may be inadmissible if the defendant was denied his rights to counsel and to confrontation.

14. The party introducing the transcript of the conditional examination at the preliminary hearing or at the trial must meet the requirements of Evidence Code section 240.

15. The magistrate presiding over the preliminary hearing, who was also the magistrate presiding over the conditional examination, may not take judicial notice of the conditional examination in lieu of the production of a transcript.

16. A videotape of a conditional examination may not be used in evidence in lieu of a transcript.

Official Citation: 67 Ops.Cal.Atty.Gen. 178 		05/11/1984
83-805 Is a justice court judge who takes a deferred retirement under a county retirement system and who subsequently withdraws his funds from the retirement system still deemed to be a retired judge who is eligible for judicial assignments? A justice court judge who takes a deferred retirement under a county retirement system and who subsequently withdraws his funds from the retirement system is no longer deemed to be a retired judge who is eligible for judicial assignments.

Official Citation: 67 Ops.Cal.Atty.Gen. 36 		01/24/1984
83-804 Is a parcel specific map required for the land use element of a general plan adopted by a city or county? A parcel specific map is not required for the land use element of a general plan adopted by a city or county.

Official Citation: 67 Ops.Cal.Atty.Gen. 75 		03/07/1984
83-803 Is the Director of the Department of Industrial Relations, as Administrator of Apprenticeship, authorized, in conjunction with a decision made under the State of California Plan for Equal Opportunity in Apprenticeship, to award back pay and attorneys fees? The Director of the Department of Industrial Relations, as Administrator of Apprenticeship, is not authorized, in conjunction with a decision made under the State of California Plan for Equal Opportunity in Apprenticeship, to award back pay and attorneys fees.

Official Citation: 67 Ops.Cal.Atty.Gen. 325 		07/24/1984
83-801 Does an accreditation conferred upon an out-of-state institution by a "regional accrediting association" recognized by the United States Department of Education other than the Western Association of Schools and Colleges satisfy the requirements of subdivision (a) of section 94310 of the Education Code? Accreditation of an out-of-state institution by a "regional accrediting association" recognized by the United States Department of Education other than the Western Association of School and Colleges does not satisfy the requirements of subdivision (a) of section 94310 of the Education Code.

Official Citation: 67 Ops.Cal.Atty.Gen. 250 		06/12/1984
83-704 Is a fee for filing the first paper on behalf of a defendant or respondent in a civil action required for the filing of a stipulation to modify a marital settlement agreement incorporated in a default interlocutory decree of dissolution of marriage? A fee for filing the first paper on behalf of a defendant or respondent in a civil action is required for the filing of a stipulation to modify a marital settlement agreement incorporated in a default interlocutory decree of dissolution of marriage.

Official Citation: 67 Ops.Cal.Atty.Gen. 70 		03/01/1984
83-616 Is a person previously convicted of the crime of unlawful sexual intercourse prohibited by Penal Code section 12021.1 from possessing a firearm capable of being concealed upon the person? A person previously convicted of the crime of unlawful sexual intercourse is not prohibited by Penal Code section 12021.1 from possessing a firearm capable of being concealed upon the person.

Official Citation: 67 Ops.Cal.Atty.Gen. 45 		02/16/1984
83-614 Is the State of California exempt from that part of a charge for sewerage service, determined in accordance with a schedule of rates applicable to all users, which is charged by a county for the retirement of revenue bonds issued to finance the expansion of a wastewater treatment plant? The State of California is exempt, in the absence of express legislative authorization, from any charge for the retirement of revenue bonds issued by a county to finance expansion of a wastewater treatment plant.

Official Citation: 67 Ops.Cal.Atty.Gen. 13 		01/10/1984
83-605 1. When a youthful offender is convicted of a misdemeanor in an adult court and is committed to the Department of the Youth Authority under Welfare and Institutions Code section 1731.5, what is the maximum duration of the commitment, including both physical confinement and parole?

2. Does Welfare and Institutions Code section 1769, subdivision (b), which extends Department of Youth Authority jurisdiction over a juvenile found to be a person described in Welfare and Institutions Code section 602 by reason of the finding of a violation of an offense listed in subdivision (b) of section 707 of that code, apply to a juvenile who previously had been the subject of such a finding but whose present commitment does not include that finding?

3. Does Welfare and Institutions Code section 1732.5 prohibit the commitment to the Department of the Youth Authority of a youthful offender who committed any of the serious felonies enumerated in Penal Code section 1192.7 when 18 years of age or older? 		1. When a youthful offender is convicted of a misdemeanor in an adult court and is committed to the Department of the Youth Authority under Welfare and Institutions Code section 1731.5, the maximum period of physical confinement shall not exceed the maximum period of physical confinement to which an adult convicted of the same offense might be subjected. When a youthful offender has not served the maximum period of physical confinement he or she may be subject to the parole jurisdiction of the Department.

2. Welfare and Institutions Code section 1769, subdivision (b), which extends Department of Youth Authority jurisdiction over a juvenile found to be a person described in Welfare and Institutions Code section 602 by reason of the finding of a violation of an offense listed in subdivision (b) of section 707 of that code, does not apply to a juvenile who previously had been the subject of such a finding but whose present commitment does not include that finding.

3. Welfare and Institutions Code section 1732.5 prohibits the commitment to the Department of the Youth Authority of a youthful offender who committed any of the serious felonies enumerated in Penal Code section 1192.7 when 18 years of age or older.

Official Citation: 67 Ops.Cal.Atty.Gen. 361 		08/14/1984
83-603 May the deputy in charge of the civil division of a sheriff's office execute a certificate of service with respect to a summons or subpena actually served by another deputy? The deputy in charge of the civil division of a sheriff's office, being reliably informed in the matter, may execute a certificate of service with respect to a summons or subpena actually served by another deputy.

Official Citation: 67 Ops.Cal.Atty.Gen. 72 		03/07/1984
83-401 Does section 7.9 of the Government Code, providing in part that at the request of the Controller or the Treasurer two employees of each officer who hold permanent civil service status and have been designated deputies under that section shall be classified and compensated as career executives at Category Level IV or Category Level V, violate section 1(b) or 3(a) of article VII of the California Constitution? Section 7.9 of the Government Code does violate sections 1(b) and 3(a) of article VII of the California Constitution.

Official Citation: 67 Ops.Cal.Atty.Gen. 65 		03/01/1984
83-309 Does article XII, section 7, of the California Constitution prohibit a member of the California Legislature who is the spouse of a flight attendant from accepting a free or discounted air travel pass where such passes are offered to spouses of all flight attendants? Article XII, section 7, of the California Constitution does not prohibit a member of the California Legislature who is the spouse of a flight attendant from accepting a free or discounted air travel pass where such passes are offered on the same conditions to spouses of all flight attendants.

Official Citation: 67 Ops.Cal.Atty.Gen. 81 		03/08/1984
83-201 1. Does the city or county have the authority to establish a licensing or inspection program regulating the transportation of hazardous material over roadways within its jurisdiction?

2. Does a city or county have the authority to restrict the roadways upon which hazardous material is transported within its jurisdiction? 		1. A city or county does not have the authority to establish a licensing or inspection program regulating the transportation of hazardous material over roadways within its jurisdiction.

2. A city or county has limited authority to restrict the roadways upon which hazardous material is transported within its jurisdiction.

Official Citation: 67 Ops.Cal.Atty.Gen. 1 		01/04/1984
83-101 May a county expend federal revenue sharing funds to enlarge a building owned by a private corporation used primarily for community senior citizens activities? A county may not, under the terms of the proposed agreement, expend federal revenue sharing funds to enlarge a building owned by a private' corporation used primarily for community senior citizens activities.

Official Citation: 67 Ops.Cal.Atty.Gen. 31 		01/24/1984
82-1209 Has the 1982 amendment to section 27201 of the Government Code (Stats. 1982, ch. 285) obviated the need for a county recorder to see that a document complies with the requirements of Government Code sections 27280-27296 before the document is recorded? The 1982 amendment to section 27201 of the Government Code has not obviated the need for a document to comply with the requirements of Government Code sections 27280-27296 or for a county recorder to see that a document does before recording it.

Official Citation: 67 Ops.Cal.Atty.Gen. 93 		03/09/1984
82-1108 For purposes of section 1 of article XV of the Constitution, does the interest rate established by the Federal Reserve Bank of San Francisco on advances to member banks include what the Federal Reserve Bank terms a "surcharge"? For purposes of section 1 of article XV of the Constitution, the interest rate established by the Federal Reserve Bank of San Francisco on advances to member banks includes what the Federal Reserve Bank terms a "surcharge."

Official Citation: 67 Ops.Cal.Atty.Gen. 320 		07/24/1984