1994 Opinions and Guidelines

Table of Citations

Alcoholic Beverages
Guideline 5/24/1994 - Persons under 21 years of age may be arrested for illegal consumption of alcohol even though misdemeanor crime does not carry a jail sentence.

Americans with Disabilities Act
Guideline 1/12/1994 - City's failure to adopt and enforce ADA as required by I.C. § 39-4116(2) and title II of ADA may subject city to federal, state and private compliance actions.

Cities
Opinion 94-05 - Cities almost certainly have authority under state law to franchise cable television companies.

Guideline 1/12/1994 - City's failure to adopt and enforce ADA as required by I.C. § 39-4116(2) and title II of ADA may subject city to federal, state and private compliance actions.

Guideline 2/9/1994 - City councilman should not participate in consideration of conditional use permit while serving on board of directors of applicant's competitor.

Commissions and Boards
Guideline 9/21/1994 - Emergency communications governing board does not have authority to charge cellular phone users a telephone line user fee.

Counties
Opinion 94-05 - Counties probably have authority under state law to franchise cable television companies.

Guideline 9/29/1994 - County sheriff's budget is not responsible for liabilities incurred beyond amount allocated by county commissioners in juvenile detention budget.

Education
Opinion 94-04 - Fees charged to students for extracurricular activities or services fall within statutory definition of "fee" and any increase exceeding 105% must be advertised.

Guideline 2/25/1994 - School districts may not discriminate against religious groups in renting school facilities and must charge religious and non-religious groups same fee.

Guideline 3/14/1994 - Statutory qualifications for State Superintendent of Public Instruction are constitutional.

Health and Welfare
Opinion 94-02 - Department of Health and Welfare must engage in formal rulemaking to implement nutrient management plan, and plan is subject to review by Idaho Legislature and Board of Health and Welfare.

Indian Reservation
Guideline 10/14/1994 - Industrial 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 10/14/1994 - State district court judgment may be enforced on reservation in an action brought in tribal court.

Industrial Commission
Guideline 10/14/1994 - 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.

Insurance
Guideline 1/19/1994 - Requirement for promulgation of rules by Department of Insurance in context of Small Employer Health Insurance Availability Act.

Judgments
Guideline 1/14/1994 - Child support judgment is a lien for five years from date of judgment or the date of a renewed judgment.

Guideline 10/14/1994 - State district court judgment may be enforced on reservation in an action brought in tribal court.

Legislature
Guideline 3/8/1994 - Legislation creating and appropriating funds for Governor's Residence Account is constitutional and does not violate gubernatorial line item veto provisions.

Open Meeting Law
Guideline 5/23/1994 - Definition of "serial meeting".

Guideline 5/23/1994 - Open meeting law restrictions do not violate First Amendment rights of public officials.

Guideline 5/23/1994 - "Serial meeting" may violate Open Meeting Law.

Pardons and Parole
Opinion 94-03 - Commission for Pardons and Parole has power to commute a sentence during a fixed term.

Publication
Guideline 3/3/1994 - Definition of "newspaper of general circulation".

Public Works
Guideline 3/8/1994 - Planning or construction of governor's residence cannot begin without consent of Division of Public Works and Permanent Building Fund Advisory Council.

Secretary of State
Guideline 1/12/1994 - Non-residents doing business in Idaho may qualify to be commissioned as notaries public.

Tax Issues
Opinion 94-01 - A property tax "developers' discount" on lots held for resale would violate the uniform taxation provisions of the Idaho Constitution.

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