1995 Opinions, Guidelines and
Certificates of Review

Table of Citations

Abortion Issues
Certificate 7/19/1995 - "Protection from Late Term Abortion Act".

Certificate 7/21/1995 - Family and Child Protection Act.

Certificate 10/13/1995 - Definition of Life.

Administrative Rules
Guideline 8/9/1995 - Division of Statewide Administrative Rules cannot copyright the Idaho Administrative Rules and, under Public Records Act, must provide public copies of draft administrative rules at actual cost.

Blind Commission
Guideline 10/13/1995 - Commission for Blind and Visually Impaired may give preference to blind person when hiring administrator.

Cities
Guideline 9/8/1995 - City/county consolidation cannot be added as optional form of county government in legislation absent other constitutional and statutory changes.

Counties
Guideline 9/8/1995 - City/county consolidation cannot be added as optional form of county government in legislation absent other constitutional and statutory changes.

Guideline 9/19/1995 - Counties may use "home rule" or charter form of government within limitations of art. 12, sec. 2, Idaho Constitution.

Guideline 10/3/1995 - I.C. § 67-6504(a), which establishes term limits for county planning and zoning commissioners, applies only prospectively and is not retroactive.

Guideline 10/23/1995 - Legislature may limit number of optional forms of county government appearing on ballot and may allow counties to consolidate offices.

Education
Guideline 2/7/1995 - Tax credits for tuition payments to private schools most likely violate Establishment Clause of U.S. Constitution and art. 9, sec. 5 of Idaho Constitution.

Certificate 7/14/1995 - Teachers Right to Work Act.

Certificate 7/24/1995 - Non-Public Education Enhancement Act.

Employment
Certificate 7/14/1995 - Teachers Right to Work Act.

Certificate 7/28/1995 - Minimum Wage Law.

Ethics
Guideline 3/31/1995 - No conflict of interest exists for State Land Board member who owns land adjacent to state land, reviews state land leases and votes on appeals by Department of Lands.

Fetal Health
Certificate 7/19/1995 - Protection from Late Term Abortion Act".

Certificate 7/21/1995 - Family and Child Protection Act.

Certificate 10/13/1995 - Definition of Life.

Firearms
Certificate 10/13/1995 - Volunteer Militia Organizations.

Governor
Guideline 8/24/1995 - Funds in Governor's Residence Account cannot be used to pay housing allowance for Governor.

Health and Welfare
Opinion 95-06 - Department of Health and Welfare's statutory subpoena power is not limited by Public Records Act.

Guideline 9/8/1995 - Department of Health and Welfare has right to access records of Commission on Aging regarding alleged adult abuse perpetrators.

Guideline 10/20/1995 - Fundraising efforts on behalf of a victim will not cause the victim to become ineligible for AABD or Medicaid so long as the funds are not held in the victim's name, are not available to the victim and are not the victim's money; however, payments made from a special needs trust to the victim for clothing, food or shelter may be considered income for eligibility purposes.

Indian Reservation
Opinion 95-04 - State statutory authority and an agreement with tribe is required for state law enforcement officers to effect an arrest based on tribal warrant.

Opinion 95-04 - State statutory authority and deputization of tribal law enforcement officials is required for tribal officers to arrest tribal members on tribal warrants outside of reservation boundaries.

Labor and Industrial Services
Guideline 6/30/1995 - Idaho Code takes precedence over the National Electrical Code for installation of manufactured home electrical service equipment.

Certificate 7/14/1995 - Teachers Right to Work Act.

Certificate 7/28/1995 - Minimum Wage Law.

Lands
Guideline 2/16/1995 - Art. 9, sec. 8, Idaho Constitution prohibits purchase of more than 320 acres of state land by any one individual, company or corporation.

Guideline 3/31/1995 - No conflict of interest exists for State Land Board member who owns land adjacent to state land, reviews state land leases and votes on appeals by Department of Lands.

Law Enforcement
Opinion 95-04 - State statutory authority and deputization of tribal law enforcement officials is required for tribal officers to arrest tribal members on tribal warrants outside of reservation boundaries.

Opinion 95-04 - State statutory authority and an agreement with tribe is required for state law enforcement officers to effect arrest based on tribal warrant.

Guideline 2/16/1995 - Article 9, sec. 8, Idaho Constitution prohibits purchase of more than 320 acres of state land by any one individual, company or corporation.

Military
Certificate 10/13/1995 - Volunteer Militia Organizations.

Northwest Power Planning Council
Guideline 10/13/1995 - Idaho members of Northwest Power Planning Council are officers and employees of State of Idaho for purposes of workers' compensation.

PERSI
Guideline 10/4/1995 - PERSI board members and employees are covered by Idaho Tort Claims Act for claims arising from breach of fiduciary duty.

Planning and Zoning
Opinion 95-01 - Board of county commissioners is only entity which may exercise legislative powers in unincorporated areas of county.

Public Employees
Opinion 95-07 - State of Idaho employees or facilities may not be shared with or loaned to private charitable foundations unless such act serves a public purpose and is directly related to a function of government.

Public Records Act
Guideline 8/9/1995 - Division of Statewide Administrative Rules cannot copyright the Idaho Administrative Rules and, under Public Records Act, must provide public copies of draft administrative rules at actual cost.

Guideline 10/5/1995 - Membership lists of state agencies are not subject to disclosure.

Revenue and Taxation
Opinion 95-02 - Changes in federal tax deductions must be adopted by Idaho Legislature before Idaho taxpayers may use those deductions in state tax returns.

Opinion 95-03 - Idaho Code § 63-923, the one percent property tax limitation, is incapable of implementation.

Tax Issues
Certificate 10/13/1995 - Sales Tax Initiative-Exemption for Food, Water and Clothing.

Certificate 10/13/1995 - Sales Tax Initiative-Sales Tax Rate.

Transportation
Guideline 1/26/1995 - Surcharge for bluebird license plate program probably does not violate Idaho Constitution's prohibition against diverting fees from highway projects.

Guideline 1/27/1995 - Transportation Department is not a "law enforcement agency" and employees do not have power to seize and detain commercial vehicles.

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