1988 Opinions and Guidelines

Table of Citations

Administrative Procedure Act
Opinion 88-9 - Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Bonds
Opinion 88-3 - Expansion of municipal water system is ordinary and necessary expense not requiring voter approval of debt.

Cities
Guideline 3/31/1988 - City cannot require prospective tavern owner to obtain consent of adjacent residents before issuing liquor license.

Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Opinion 88-3 - Expansion of municipal water system is ordinary and necessary expense not requiring voter approval of debt.

Counties
Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Guideline 4/20/1988 - County cannot make delinquency entry against property while bankruptcy proceeding is pending.  County loses its tax lien on property sold free of liens in bankruptcy proceeding.

Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

Guideline 11/2/1988 - Sheriff may not keep drug forfeiture funds in separate account; such funds are public moneys and must be treated and accounted for as such.

Districts
Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

Elected Officials
Guideline 2/8/1988 - As trustee of Lake Coeur d’Alene water right, Governor may take action to prevent junior appropriator from causing fluctuations in lake level, but may not regulate or control surface encroachments that do not impair the lake level.

Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Endowment Fund Investment Board
Opinion 88-1 - Endowment Fund Investment Board could constitutionally enter into securities lending agreements and sell covered call options, if legislation permitting such were enacted and if fiduciary obligations were met.

Endowment Lands
Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Governor
Guideline 2/8/1988 - As trustee of Lake Coeur d’Alene water right, Governor may take action to prevent junior appropriator from causing fluctuations in lake level, but may not regulate or control surface encroachments that do not impair the lake level.

Health And Welfare
Guideline 7/18/1988 - Once custody of child is in department, judge may recommend, but not order, department to carry out particular placement or treatment programs.

Opinion 88-9 - Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Indians
Opinion 88-5 - Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Guideline 7/1/1988 - Indian-owned firms are subject to public works licensing requirements of state board.  A license is not required for public works projects performed on federal trust lands within the reservation.

Industrial Commission
Opinion 88-5 - Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Irrigation
Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

Judicial
Guideline 7/18/1988 - Once custody of child is in department of health and welfare, judge may recommend, but not order, department to carry out particular placement or treatment programs.

Law Enforcement
Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Guideline 11/2/1988 - Sheriff may not keep drug forfeiture funds in separate account; such funds are public moneys and must be treated and accounted for as such.

Legislature
Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

Guideline 11/2/1988 - Public school district employee may serve in legislature.

Lieutenant Governor
Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

Liquor
Guideline 3/31/1988 - City cannot require prospective tavern owner to obtain consent of adjacent residents before issuing liquor license.

Opinion 88-8 - Small breweries holding brew pub license can sell to retailers without obtaining wholesaler’s license.

Military
Guideline 8/23/1988 - Volunteers performing morale, welfare and recreation activities for national guard are state employees for tort claims act purposes.

Public Employee Retirement System
Guideline 4/5/1988 - PERSI investment expenses must be paid from investment funds; administrative expenses from administrative account.

Public Employees
Guideline 11/2/1988 - Credited state service is calculated on hours paid, not hours present for duty, for purposes of payroll, vacation and sick leave.

Guideline 8/23/1988 - Volunteers performing morale, welfare and recreation activities for national guard are state employees for tort claims act purposes.

Public Funds
Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Public Works Contractors State License Board
Guideline 7/1/1988 - Indian-owned firms are subject to public works licensing requirements of state board.  A license is not required for public works projects performed on federal trust lands within the reservation.

Revenue And Taxation
Guideline 4/20/1988 - County cannot make delinquency entry against property while bankruptcy proceeding is pending.  County loses its tax lien on property sold free of liens in bankruptcy proceeding.

State Boundary
Opinion 88-7 - State’s full civil and criminal jurisdiction extends to all activities on Idaho side of main navigable channel of river forming state boundary.

Treasurer
Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Water Resources
Opinion 88-6 - Department may issue water right permit to landowner for stock watering purposes even though landowner leases land to another to graze stock.

Opinion 88-4 - Filing application for change of water right does not toll running of forfeiture period for nonuse of right.

Water Resources Board
Opinion 88-4 - Forfeiture period should be tolled whenever a water right is placed into the bank.

Opinion 88-2 - Mud Lake embankment is a dam; Board must regulate it as such or be liable for damage cause by failure to regulate.

Water Supply Bank Act
Opinion 88-4 - Forfeiture period should be tolled whenever a water right is placed into the bank.

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