Scale dependent layers ignoring status property?

[sandnarrows]

In my mapfile I have two layers that don't show up till after the users
zoom in a bit, ie I have set a maxscale and minscale. I am using the
HTML legend with the opt_flag of 14, so that the layers don't list in
the legend until they are within the appropriate scale range. Both
layers have a status of 'ON' in the map file.

The problem I am having is that when you move into the appropriate scale
range the layer shows up with the status of 'OFF'. If I set the opt_flag
to 15 so that the layer is always visible in the legend, then it will
have the appropraite status of 'ON' and when you move into appropriate
scale range the data will display on the map.

I want to use opt_flag 14 as I don't want the layer in the legend until
its also visible on the map, but I also want it to listen to the status
property in the MAP file, which in this case is 'ON'. I also tried
setting it to 'DEFAULT', no difference still starts out as off (template
file does handle the default status).

Thoughts or suggestions?

Ken