1993 Opinions and Guidelines

Table of Citations

Abortion Issues
Opinion 93-1 - Abortion parental notification provision in I.C. § 18-609(6) is vulnerable to constitutional challenge.

Opinion 93-1 - Criminal sanctions against abortion providers.

Opinion 93-1 - Department of Health and Welfare must provide abortion providers with printed materials and publish annual report.

Opinion 93-1 - Statute requiring that second-trimester abortions be performed in a hospital is unconstitutional.

Administrative Procedures Act
Guideline 11/16/1993 - Agencies must transmit proposed permanent, but not temporary, rules to administrative rules coordinator and legislative council at same time and may use temporary rulemaking only after finding that one of three exceptions exists.

Alcoholic Beverages
Guideline 4/6/1993 - Persons under 21 years of age may enter premises licensed to serve alcohol with a restaurant endorsement, and state law does not require partition between bar and restaurant.

Cities
Guideline 1/13/1993 - Confinement costs of persons arrested in cities on state motor vehicle law.

Guideline 1/13/1993 - Counties have duty to provide jail for persons arrested by city police officers.

Guideline 1/13/1993 - County sheriffs have duty to accept persons arrested by city police officers.

Guideline 3/9/1993 - State-owned buildings are not subject to local ordinance control.

Commissions and Boards
Guideline 1/15/1993 - Idaho Code Commission holds copyright for compilation known as Idaho Code but not text of statutes or court rules.

Corporations
Opinion 93-12 - Death penalty automatic review statute may be amended to delete provisions mandating proportionality review.

Guideline 8/11/1993 - Federally chartered corporations do not need certificate of authority to transact business in Idaho Corrections.

Guideline 8/17/1993 - Stay of execution of sentence will be granted if defendant complies with I.C. § 19-3941.

Counties
Opinion 93-8 - County commissioners do not have authority to hire civil counsel outside of county prosecutor's office except as constitutionally necessary.

Opinion 93-8 - County prosecutor has duty to try civil matters where county is party and to give board of commissioners legal advice.

Guideline 1/13/1993 - Counties have duty to provide jail for persons arrested by city police officers.

Guideline 1/13/1993 - County sheriffs have duty to accept and transport persons arrested by city police officers.

Guideline 3/9/1993 - State-owned buildings are not subject to local ordinance control.

Education
Opinion 93-4 - Age requirements for kindergarten and first grade.

Opinion 93-6 - Board of Education may not constitutionally be divided into two councils.

Opinion 93-10 - Individual benefiting from contract between insurance company and school district has pecuniary interest in that contract and may not serve as trustee of school district.

Opinion 93-11 - State restrictions on school-endorsed curriculum-related speech in elementary and secondary schools.

Guideline 2/19/1993 - School board has duty to appoint trustee to serve until election when rezoning creates new zone.

Guideline 3/16/1993 - Board of Education may not constitutionally be divided into two councils.

Guideline 8/19/1993 - Residency statute is not vague.

Elected Officials
Guideline 1/22/1993 - Limited performance audits by one branch of government on another branch of government may not violate separation of powers doctrine.

Guideline 1/22/1993 - State Auditor has constitutional duty to conduct modern post-audits and legislature may authorize another entity to perform duplicate audits.

Fish and Game
Guideline 6/25/1993 - Dept. of Fish and Game may not charge application fee in excess of statutory rate and state may not issue refunds to third parties without waivers or statutory authority.

Gaming
Guideline 9/17/1993 - Calcutta wagering is prohibited by Idaho Constitution and Idaho statutes.

Health and Welfare
Opinion 93-1 - Abortion parental notification provision in I.C. § 18-609(6) is vulnerable to constitutional challenge.

Opinion 93-1 - County prosecutor is responsible for enforcing criminal provisions of Idaho Code, title 18, ch.6.

Opinion 93-1 - Criminal sanctions against abortion providers.

Opinion 93-1 - Department of Health and Welfare must provide abortion providers with printed materials and publish annual report.

Opinion 93-1 - Statute requiring that second-trimester abortions be performed in a hospital is unconstitutional.

Opinion 93-2 - Authority of Dept. of Health and Welfare to investigate child abuse reports within school facilities.

Opinion 93-2 - Liability for school personnel if child abuse investigation conducted in school facility.

Opinion 93-2 - Parental notification requirements in interview of suspected child abuse victim.

Opinion 93-2 - Responsibility of school personnel to report child abuse.

Opinion 93-9 - Religious exemption provision does not limit state's authority to provide medical services to children and does not affect normal reporting and investigation provisions for suspected child abuse.

Opinion 93-9 - Standard for state intervention for medical treatment of children.

Guideline 10/19/1993 - Department of Health and Welfare is statutorily authorized to charge operators of public water systems drinking water system fees and operators may pass the fees on to users.

Highway Districts
Opinion 93-5 - Impact fees assessed by Ada County Highway District may be a tax and may not meet constitutional due process requirements.

Opinion 93-5 - Highway district may not assess impact fees against the state.

Human Rights
Opinion 93-11 - Proposed initiative by Idaho Citizens Alliance violates constitutional equal protection guarantees, free speech rights and equal access to political process.

Industrial Commission
Guideline 2/10/1993 - Industrial Commission may, upon reorganization, qualify as "sole state agency" to merge with Vocational Rehabilitation.

Judicial
Guideline 12/2/1993 - Idaho Judicial Council has statutory duty to submit list of judicial candidates to governor, and Idaho Supreme Court Chief Justice sitting as presiding member does not violate separation of powers principles.

Occupational Licensing
Guideline 1/13/1993 - Authority of non-licensed medical personnel to administer medications to patients.

Guideline 4/6/1993 - Denial of full reciprocity to out-of-state cosmetologists previously licensed in Idaho is unconstitutional.

Guideline 12/28/1993 - Statute defining "practice of engineering" is ambiguous and criminal sanctions cannot be imposed upon in-house engineers.

Open Meeting Law
Guideline 7/6/1993 - Private industry councils are subject to Idaho Open Meeting Law.

Pardons and Parole
Opinion 93-3 - Commission of Pardons and Parole may commute indeterminate sentence to lesser fixed term for complying with the Prisoner Transfer Treaty between United States and Mexico.

Public Records Act
Guideline 1/25/1993 - Except as permitted by statute, governmental entities may not charge copying costs in excess of actual cost.

Public Utilities Commission
Opinion 93-7 - Tow trucks are "common carriers" and Public Utilities Commission has statutory authority to regulate unless classified under the municipal exemption.

Tax Issues
Opinion 93-13 - Tax Commission rules to calculate net profits of mines conflict with statute and are therefore invalid.

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