1989 Opinions and Guidelines

Table of Citations

Agriculture
Guideline 2/17/1989 - Smoke Management Act, in conjunction with Idaho Code § 52-108, provides grass growers with more protection from public or private nuisance lawsuits than Right to Farm Act provides to farmers in general.

Commission on the Arts
Guideline 5/30/1989 - Nepotism statute does not prohibit staff member’s spouse from applying for and receiving funding from arts commission.

Cities
Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Guideline 8/28/1989 - Cities may create ordinances punishable as infractions.

Guideline 12/22/1989 - City has implied authority to engage in collective bargaining with employees, so long as terms agreed to do not conflict with city’s own ordinances or with state law.

Guideline 4/12/1989 - City may not condemn property outside its boundaries unless there is explicit or necessarily implied statutory authority.

Opinion 89-9 - Court cannot unilaterally impose its disaster emergency plan on an incorporated city.

Opinion 89-9 - Disaster Preparedness Act of 1975 encourages, but does not require, cities to plan for disaster emergencies.

Guideline 5/16/1989 - Duties of sheriff in cities that have not contracted for law enforcement services as compared to cities that have so contracted.

Guideline 7/18/1989 - Members of city council may not contract with city.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

Guideline 8/28/1989 - State has authorized local governments to regulate traffic and to create traffic ordinances punishable as infractions.

Commissions And Boards
Guideline 4/12/1989 - All ordinances require affirmative vote of at least two members of full county-wide highway district commission.

Guideline 2/9/1989 - Budgetary and financing process for county fair boards.

Guideline 5/30/1989 - Commission, as final decision maker, could not fund any project where spouse of commissioner would receive a benefit.

Opinion 89-10 - Idaho Centennial Commission liability for contract or tort claims arising form local centennial events; volunteer liability.

Guideline 5/30/1989 - Nepotism statute does not prohibit staff member’s spouse from applying for and receiving funding from arts commission.

Guideline 3/30/1989 - Planning and zoning commissions are not required to meet in county seat.

Guideline 9/1/1989 - Requirement that a fire protection commissioner be free-holder resident violates art. 1, § 20, of Idaho Constitution.

Guideline 12/27/1989 - Retail optical outlets may dispense contact lenses only if presented with prescription specifically intended for contact lenses.

Corporations
Guideline 9/27/1989 - Secretary of State should allow organization of naturopaths to be reinstated as Idaho corporation.

Corrections
Opinion 89-6 - Department of Correction should maintain confidentiality of AIDS-related information except where disclosure is required for medical, safety or institutional security reasons.

Opinion 89-6 - Duty of Department of Correction to inmates and staff exposed to inmates who are HIV positive or who have ARC or AIDS is to take reasonable measures for safety.

Counties
Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Opinion 89-9 - County cannot unilaterally impose its disaster emergency plan on an incorporated city.

Opinion 89-1 - Idaho counties have authority to sign agreement with counties of Utah and Wyoming to develop joint water projects on the Bear River.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

Guideline 9/11/1989 - Purchase and renovation of building for use as road and bridge facility is “ordinary and necessary” expense within meaning of art. 8, § 3, Idaho Constitution.

County Fair Boards
Guideline 2/9/1989 - Budgetary and financing process for county fair boards.

County Zoning & Planning Commission
Guideline 3/30/1989 - Planning and zoning commissions are not required to meet in county seat.

Criminal Procedure
Guideline 3/23/1989 - Proposed amendment to appellate rule, providing that supreme court may grant stay to any party who has failed to get one from the district court, would contradict Idaho Code § 19-2715 which absolutely forbids stays after final decision in death penalty cases.

Disaster Preparedness
Opinion 89-9 - Disaster Preparedness Act of 1975 encourages, but does not require, cities to plan for disaster emergencies.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

Education
Guideline 11/14/1989 - Board of Education has discretion to permit student activity fees to be expended for student lobbying activities.

Guideline 2/23/1989 - Extension of educational voucher system to include parochial schools would violate art. 9, § 5, of Idaho Constitution.

Opinion 89-5 - Idaho College Work Study Program is unconstitutional as applied to postsecondary institutions with religious affiliations.

Elected Officials
Guideline 2/3/1989 - Governor’s authority to implement minimum wage schedule for state employees.

Guideline 4/18/1989 - Meaning of the “full time” requirement for certain prosecuting attorneys.

Guideline 7/18/1989 - Members of city council may not contract with city.

Guideline 12/19/1989 - Prosecuting attorney may seek and hold office of precinct committeeman.

Guideline 12/12/1989 - Responsibility and authority of prosecuting attorney and city attorney.

Guideline 12/19/1989 - State senator or representative may see and hold office of precinct committeeman.

Elections
Guideline 6/15/1989 - Highway commissioners may open the polls prior to noon if appropriate notice of time extension is given to electorate.

Guideline 4/14/1989 - Person who has been convicted of a felony and who has had civil rights restored may vote in election.

Guideline 6/15/1989 - Voter in highway district election must be registered in compliance with Idaho voter registration law.

Guideline 11/22/1989 - Write-in candidate not allowed to run in runoff election for mayor.

Employment
Guideline 9/13/1989 - Provisions of Idaho right-to-work law apply only to private sector, not to public employers.

Guideline 10/26/1989 - Right-to-work law not violated if collective bargaining agent is elected as sole bargaining agent to represent all employees, including non-union employees.

Finance
Opinion 89-4 - Emergency Communications Act charges for funding 911 county emergency communication systems not intended to apply to state.

Opinion 89-8 - Interest earnings upon funds dedicated to highway purposes by Idaho Const. Art. 7, § 17, must be credited to highway distribution account.

Opinion 89-11 - Moneys in county vessel funds to be spent only on water-related recreational boating improvements.

Opinion 89-11 - Moneys in the Waterways Improvement Fund may be expended for land-based projects, if primarily for benefit of those engaged in boating activities.

Fire Protection Commission
Guideline 9/1/1989 - Requirement that a fire protection commissioner be free-holder resident violates art. 1, § 20, of Idaho Constitution.

Governor
Guideline 2/3/1989 - Governor’s authority to implement minimum wage schedule for state employees.

Health And Welfare
Opinion 89-3 - Idaho Department of Health and Welfare must await state legislation required to conform with Medicare Catastrophic Coverage Act of 1988.

Highway Districts
Guideline 4/12/1989 - All ordinances require affirmative vote of at least two members of full county-wide highway district commission.

Juries
Guideline 4/14/1989 - Person who has been convicted of felony and has had civil rights restored is eligible for jury service, but will be removed if challenge for cause is interposed by a party to lawsuit.

Law Enforcement
Guideline 5/16/1989 - Duties of sheriff in cities that have not contracted for law enforcement services as compared to cities that have so contracted.

Legislature
Guideline 3/28/1989 - Differences between legislative intent as expressed in a letter from legislature, a concurrent resolution, a concurrent resolution amending an agency regulation, and statutory legislative intent whether codified or not.

Guideline 12/19/1989 - State senator or representative may see and hold office of precinct committeeman.

Guideline 8/3/1989 - Validity of local government ordinances is face of statewide nutrient management plan to protect lakes.

Municipal Leagues Or Associations
Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Opinion 89-7 - Dues paid to associations by cities and counties may be used for lobbying for appropriate public purpose.

Opinion 89-7 - Elected officials may discuss and determine public policy issues at association meetings, but local public policy must be determined and adopted only after compliance with Idaho law.

Prosecuting Attorney
Guideline 4/18/1989 - Meaning of the “full time” requirement for certain prosecuting attorneys.

Guideline 12/19/1989 - Prosecuting attorney may seek and hold office of precinct committeeman.

Guideline 12/12/1989 - Responsibility and authority of prosecuting attorney and city attorney.

Public Employees
Guideline 2/3/1989 - Validity of implementing increased minimum wage schedule for state employees.

Public Funds
Guideline 10/10/1989 - State public funds for the arts may not be granted to organizations operated by sectarian or religious organizations.

Public Hearings
Guideline 3/30/1989 - Public hearings held on planning and zoning matters pursuant to Idaho Code § 67-6509 need not be held in county seat

Public Lands
Guideline 4/11/1989 - Land Board may sell or grant easement interest in endowment lands to another state agency without public auction.

Public Works
Opinion 89-2 - Division of public works may choose to use in-house maintenance personnel on project.

Opinion 89-2 - Jurisdiction of projects that cost more than $5,000, with some exceptions, resides in the department of administration, division of public works.  Such projects must be competitively bid.

Revenue And Taxation
Guideline 7/12/1989 - Agreement by physician to pay service fee to preferred provider organization (PPO) does not violate division of fees prohibition of Idaho Code.

Guideline 2/9/1989 - Budgetary and financing process for county fair boards.

Guideline 7/25/1989 - Highway district can issue long term bonds without voter approval to finance repairing or replacing existing bridges.

Water Resources
Opinion 89-1 - Idaho’s share of Bear River water under the Bear River Compact cannot be allocated for use in another state.

Opinion 89-1 - Interbasin transfer of Bear River water from joint project in Idaho to Utah or Wyoming will not create legal precedent affecting other river basins in the state.

Opinion 89-1 - Water Resource Board has the authority to issue revenue bonds, separately or jointly with other compacting states, to fund Idaho’s share of joint water project on Bear River.

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