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Conclusion of Opinions in May 2004
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OPINION NUMBER
03-902
The state is responsible for the payment of the costs of (1) a report required before a court may consider suspension of a defendant's sentence, where the defendant has been convicted of a lewd or lascivious act on a minor under 14, (2) an examination of a defendant's mental competency, (3) an examination of a defendant, who has been convicted of a felony, to determine whether an involuntary civil commitment should be made due to narcotics addiction, (4) an examination of a person, in the absence of a criminal proceeding, to determine whether a civil commitment should be made due to narcotics addiction, (5) an examination and testimony in connection with an involuntary civil commitment of a person believed to be imminently dangerous to others. A county is responsible for the payment of the costs of (6) evaluations and counsel regarding a civil commitment due to an inmate being a sexually violent predator, and (7) an examination of a defendant where a plea of "not guilty by reason of insanity" has been entered.
Questions Submitted in Opinion Requests Assigned During May 2004
VIEWS SOLICITED: The Attorney General welcomes and solicits the views of interested persons concerning the legal issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. The earlier such views are received, the more opportunity will be given to consider them in the opinion drafting and review process. All views submitted will be considered public records subject to disclosure under the Public Records Act.
The deputies assigned to the questions submitted can be reached at the following addresses and telephone numbers:
Gregory L. Gonot: Gregory.Gonot@doj.ca.gov; P. O. Box 944255, Sacramento, CA 94244-2550; (916) 324-7860.
Susan Duncan Lee: Susan.Lee@doj.ca.gov; 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102; (415) 703-5876.
Daniel G. Stone: Dan.Stone@doj.ca.gov; P. O. Box 944255, Sacramento, CA 94244-2550; (916) 324-5166.
04-501
requested by Assemblymember George Nakano concerning the following question:
May a school district impose an application fee of $20 to $40 to cover its costs of processing a request to attend a school within the district submitted by a pupil residing within another district (Ed. Code, §§ 46600-46611)? (Assigned to Deputy Attorney General Gregory Gonot.)
04-502
requested by Assemblywoman Loni Hancock concerning the following questions:
1) May a city counsel member, who is a director of a non-profit corporation that was created to provide financial support for the operations of a national historical park located on city property (16 U.S.C. § 410ggg), participate in the decision whether to lease a portion of city land to a prospective lessee if the council member has previously solicited funds from the prospective lessee for the operations of the park?
2) May the city council member participate in the decision whether to approve a development project under provisions of the California Environmental Quality Act if the council member has previously solicited funds from the developer for the operations of the park? (Assigned to Deputy Attorney General Daniel Stone.)
04-504
requested by Senator Bruce McPherson concerning the following question:
Under what circumstances, if any, may the member of a Regional Water Quality Control Board, who is the "person associated with irrigated agriculture" (Wat. Code, § 13201, subd. (a)(2)), participate in a board action that may affect the agriculture industry generally (see Wat. Code, § 13207; Gov. Code, § 87103; Cal. Code Regs., tit. 2, §§ 18707-18707.9; Consumers Union of U.S., Inc. v. California Milk Producers Advisory Bd. (1978) 82 Cal.App.3d 433)? For example, what conflict of interest prohibitions would apply to such a member who is a mushroom farmer whose operations do not produce agricultural wastewater discharge? (Assigned to Deputy Attorney General Susan Duncan Lee.)
OPINIONS TERMINATED IN MAY 2004
| 03-902 | Issued | May 13, 2004 |
| 03-1001 | Canceled | May 10, 2004 |
| 04-404 | Canceled | May 5, 2004 |
OPINIONS PENDING JUNE 2004
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| 03-104 |
Is a community's responsibility to provide its share of regional housing opportunities affected by considerations of infrastructure and resource constraints? |
| 03-805 |
May an airport land use commission exempt local agency adopted specific plans from application of the commission's land use compatibility standards? |
| 03-1004 |
May the State Board of Equalization change a regulation that would exclude from classification as a change in ownership a real property transfer to a surviving domestic partner? |
| 03-1102 |
What type of settlement is required to be reported to the Architects Board under Business and Professions Code sections 5588 and 5589? |
| 03-1108 |
May a "Memorandum of Lease" be recorded? |
| 03-1204 |
May a property owner place a "boot" on the tire of a parked vehicle to prevent its movement from the property? |
| 03-1205 |
Does the exemption from liability for certified used oil collection centers extend to shipments of oil produced by the servicing of the collection centers' own customers' vehicles in addition to used oil collected from the public? |
| 04-101 |
May a small business development corporation encumber money loaned to the state's General Fund pursuant to the Budget Act of 2002-2003? |
| 04-103 |
May a business that provides services requiring a license, certification, or registration pursuant to the Business and Professions Code form a limited liability company? |
| 04-104 |
Does a joint resolution of the Assembly and Senate confer "state recognition" on an Indian tribe for purposes of federal law? |
| 04-110 |
May a school district use Proposition 39 bond funds to pay the salaries of district employees who are assigned to complete the projects such as an in-house construction manager? |
| 04-112 |
May a school district require that a student obtain parental consent prior to releasing the student from school to attend a medical appointment? |
| 04-113 |
Are school districts required to participate in evaluating the effectiveness of tobacco use prevention programs? |
| 04-201 |
May an elected county auditor examine the case file of a deceased child who was under the jurisdiction of the juvenile court and report confidential information from the file to the county board of supervisors and to state legislators? |
| 04-206 |
May a city enact an ordinance restricting engine idling for the purpose of controlling vehicle emissions? |
| 04-207 |
May a city council member be reimbursed for expenses incurred in attending a Governor's inauguration? |
| 04-211 |
May a community college district use district funds to hire a consultant to evaluate the possible voter response to a district bond measure? |
| 04-303 |
Is a capital expense an "expense of administration" for purposes of Government Code section 31580.2? |
| 04-309 |
May a hospital district execute a lease with a healthcare district director if the healthcare district must approve the lease under a separate agreement between the hospital district and healthcare district? |
| 04-310 |
Is Jack Goodrich unlawfully serving as both Undersheriff and the Veterans Service Officer for the County of Inyo? |
| 04-315 |
May a county ordinance limit campaign contributions for candidates by providing that contributions by a husband and wife shall be aggregated? |
| 04-319 |
What level of supervision is required for licensed midwifes? |
| 04-401 |
Is a copy of a check obtained by administrative subpoena exempt from disclosure under the Public Records Act? |
| 04-405 |
Must biological materials be retained in misdemeanor cases until the person is no longer incarcerated? |
| 04-406 |
May a county board of supervisors accept gifts from private individuals for use by the district attorney in prosecuting specified criminal and civil cases? |
| 04-408 |
Does an applicant for a disability retirement have the right to attend the meeting of a county retirement board at which his or her medical records are reviewed and discussed? |
| 04-413 |
Is prior voter approval required when a charter city resumes levy of a tax previously approved by the voters that was temporarily suspended? |
| 04-501 |
May a school district impose an application fee to cover its costs of processing a request to attend a school within the district submitted by a pupil residing within another district? |
| 04-502 |
May a city council member participate in the decision to lease city property to a person who has previously been asked for funds by the council member to operate a national park on city property? |
| 04-504 |
May a Regional Water Quality Control Board member who represents "irrigated agriculture" participate in a board decision affecting the agriculture industry? |
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