Art. XV
ATTY. GEN. OPINIONS: Scope of authority
of legislature and Lottery Commission to amend or execute provisions of this
section, (1985) Vol. 44, p 431; items which Oregon State Lottery Commission
must treat as “expenses,” (1988) Vol 46, p 61
Art. XV, Section 1
NOTES OF DECISIONS
Where
Senate fails to confirm reappointment of incumbent, incumbent has right to
continue in office as holdover pending appointment and confirmation of
successor. State ex rel Adams v. Powell, 171 Or App
81, 15 P3d 54 (2000)
LAW REVIEW CITATIONS: 50 OLR 301 (1971);
40 WLR 225 (2004)
Art. XV, Section 2
LAW REVIEW CITATIONS: 40 WLR 225 (2004)
Art. XV, Section 3
NOTES OF DECISIONS
Oath
or affirmation of elected official to uphold Oregon and United States
Constitutions does not impliedly grant official authority to take otherwise ultra vires
action to remedy perceived constitutional shortcomings in laws administered by
official. Li v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)
LAW REVIEW CITATIONS: 40 WLR 225 (2004)
Art. XV, Section 4
NOTES OF DECISIONS
“Casinos”
refers to establishments whose dominant use or dominant purpose is for
gambling. Ecumenical Ministries v. Oregon State Lottery Comm., 318 Or 551, 871
P2d 106 (1994)
“Costs
of administration” and “administering and operating” relate to expenses or
costs of internal implementation and management of lottery. Ecumenical
Ministries v. Oregon State Lottery Comm., 318 Or 551, 871 P2d 106 (1994)
[Former]
ORS 461.546, providing for distribution of lottery money for gaming law
enforcement and mental health treatment, violates requirement that lottery
money be used for economic development or administrative expenses. Ecumenical
Ministries v. Oregon State Lottery Comm., 318 Or 551, 871 P2d 106 (1994)
ATTY. GEN. OPINIONS: Authority of
charitable organizations to conduct lottery and other games for profit, (1974) Vol 37, p 321; bingo or raffle operated by nonprofit
organization as a lottery, (1975) Vol 37, p 718;
State Lottery arrangement with other states for multistate lottery, (1986) Vol 45, p 50; lottery funds for education, (1993) Vol 46, p 500; local government obligation to reimburse
lottery moneys unconstitutionally disbursed by state, (1994) Vol 47, p 224; concentrated numbers of video poker
terminals as constituting casinos, (1995) Vol 48, p
15; legislative authority to alter lottery game retailer share, (1995) Vol 48, p 15; scope of prohibition on appropriations, loans
and transfers to State Lottery, (2007) Vol. 50, No. 8283
LAW REVIEW CITATIONS: 79 OLR 793 (2000);
40 WLR 225 (2004)
Art. XV, Section 5
LAW REVIEW CITATIONS: 40 WLR 225 (2004)
Art. XV, Section 5a
NOTES OF DECISIONS
Statement
of state “policy” is intended to signal presently enforceable tenet of law. Li
v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)
Ballot
measure enacting this section was amendment, not revision, of Oregon
Constitution. Martinez v. Kulongoski, 220 Or App 142,
185 P3d 498 (2008), Sup Ct review denied
Policy
that only marriage between one man and one woman is valid does not permit state
to exclude same-sex couples from legal benefits granted to married couples. Shineovich and Kemp, 229 Or App 670, 214 P3d 29 (2009), Sup
Ct review denied
LAW REVIEW CITATIONS: 84 OLR 861 (2005)
Art. XV, Section 6
LAW REVIEW CITATIONS: 40 WLR 225 (2004)
Art. XV, Section 7
LAW REVIEW CITATIONS: 40 WLR 225 (2004)
Art. XV, Section 8
ATTY. GEN. OPINIONS: Same person as:
Judicial officer and member of teaching staff of community college or state
supported school of higher education, (1975) Vol 37,
p 444
Art. XV, Section 10
NOTES OF DECISIONS
Adoption
of this section did not violate separate vote requirement of section 1, Article
XVII of Oregon Constitution. Lincoln Interagency Narcotics Team v. Kitzhaber,
341 Or 496, 145 P3d 151 (2006)
ATTY. GEN. OPINIONS: Department of State
Police use of property and proceeds from federal agency forfeiture actions,
(2002) Vol 50, No. 8278
Art. XV, Section 11
NOTES OF DECISIONS
Department
of Human Services determination of employment conditions for home care workers
is not performed on behalf of, or as representative of, Home Care Commission.
Service Employees International Union Local 503 v. Department of Administrative
Services, 202 Or App 469, 123 P3d 300 (2005), Sup Ct review denied