1996 Opinions, Guidelines and
Certificates of Review

Table of Citations

Charitable Solicitation Act
Guideline 4/12/1996 - Constitutionality of SB 1514 amending Idaho Charitable Solicitation Act.

Cities
Guideline 4/9/1996 - Local governments have ability to adopt or not adopt building codes of their choice.

Guideline 6/21/1996 - Acquisition of new city hall through lease-purchase agreement must comply with Idaho Constitution and requires voter approval of debt unless transaction qualifies as "ordinary and necessary" expense or does not obligate city beyond current year's revenue.

Guideline 7/23/1996 - Local ordinances regulating who must be licensed to perform electrical installations are preempted by state statute.

Commissions and Boards
Guideline 2/2/1996 - Idaho Electrical Board does not have statutory authority to regulate communication circuits.

Guideline 3/20/1996 - Commission on the Arts' adoption of the Hay Plan for employees' salaries is in compliance with Idaho Code and Commission's administrative rules.

Guideline 2/12/1996 - Executive director of Commission of Pardons and Parole may not vote on matters brought before commission.

Guideline 5/24/1996 - Pea and Lentil Commission has authority to reasonably determine qualifications of commission members.

Guideline 6/10/1996 - Securities lending transactions are not speculative investments if custodian bank unconditionally promises to transfer full value of "loaned" securities to Endowment Fund Investment Board.

Guideline 9/12/1996 - Certified Shorthand Reporters Board may conduct informal disposition procedures prior to investigation and determination of reasonable cause for discipline of licensees without involvement of attorney general, but attorney general's involvement in any formal investigations or proceedings is required by statute.

Counties
Guideline 4/9/1996 - Local governments have ability to adopt or not adopt building codes of their choice.

Guideline 7/23/1996 - Local ordinances regulating who must be licensed to perform electrical installations are preempted by state statute.

Disaster Preparedness Act
Guideline 5/3/1996 - Local emergency disaster declaration cannot extend beyond seven days without consent of governing board.

Guideline 5/3/1996 - Local governmental entity may declare or continue a local emergency disaster declaration during a state disaster emergency declaration.

Guideline 5/3/1996 - Local government officials have same authority under state emergency disaster declaration as under local emergency disaster declaration.

Guideline 5/3/1996 - Local mayor or county commissioner is not authorized representative of the governor unless expressly appointed.

Elections
Certificate 4/1/1996 - Term Limit Initiative.

Guardianships
Guideline 3/20/1996 - Petitioner in guardianship proceeding may not serve as case visitor in same proceeding.

Health and Welfare
Certificate 3/19/1996 - Radioactive Waste Initiative.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have authority to contract with private residential facilities for placement and education of juvenile committed to their legal custody.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have responsibility to fund educational services for juvenile committed to their legal custody if such juvenile is educated at private facility; responsibility shifts to local school district if juvenile is accepted into public educational system; funding responsibility does not vary depending upon residence of juvenile.

Indian Reservation
Opinion 96-02 - Indian-owned lands within boundaries of Indian reservation are subject to ad valorem taxation by county governments unless lands are held in trust by federal government or otherwise subject to restrictions on alienation.

Juvenile Corrections
Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have responsibility to fund educational services for juvenile committed to their legal custody if such juvenile is educated at private facility; responsibility shifts to local school district if juvenile is accepted into public educational system; funding responsibility does not vary depending upon residence of juvenile.

Guideline 12/19/1996 - Department of Juvenile Corrections and Department of Health and Welfare have authority to contract with private residential facilities for placement and education of juvenile committed to their legal custody.

Legislature
Certificate 4/1/1996 - Term Limit Initiative.

Motor Carrier Act
Guideline 7/18/1996 - Federal law does not preempt collection of state regulatory fees from motor carriers.

Guideline 7/18/1996 Provisions of federal Motor Carrier Act may preempt state law, but states may exercise regulatory authority over motor carriers in areas not preempted by federal law.

Guideline 7/18/1996 - PUC is not required to enforce motor carrier laws that have been preempted by state law.

Natural Death Act
Guideline 3/20/1996 - Agent exercising durable power of attorney for health care or guardian must carry out terms of and cannot change living will unless court approves otherwise.

Guideline 3/20/1996 - Agent granted durable power of attorney is not permitted to execute living will for the principal.

Occupational Licensing
Guideline 1/23/1996 - Board of Nursing may regulate nurses in relation to delegation of nursing functions to unlicensed "assistive personnel".

Parks and Recreation
Opinion 96-04 - Legislature's transfer of moneys from recreational vehicle fund to park and recreation fund to support gateway visitor centers is binding on Parks and Recreation Board.

Opinion 96-04 - Parks and Recreation Board may expend fuel tax revenues allocated to Parks and Recreation capital improvement account at its discretion, and such funds may be used for general administrative overhead costs of operating recreation programs.

Opinion 96-04 - Vendor fees collected by Parks and Recreation should be used to offset department's registration expenses; administrative funds allocated to department may be used for direct costs of administering recreational programs and general administrative costs.

Public Employee Retirement System of Idaho (PERSI)
Opinion 96-01 - Current law does not allow a political subdivision to voluntarily withdraw from PERSI.

Opinion 96-01 - If a political subdivision is allowed to voluntarily withdraw from PERSI under future legislation, employees of the subdivision do not have a right to future benefit accruals, and PERSI would have standing to challenge the law.

Public Employees
Guideline 1/2/1996 - Classified state employees may participate in political activities on own time or as part of employment; non-classified state employees may also participate but appointing authority may take account of political activities when considering continuation of at-will employment.

Guideline 3/6/1996 - State employees may not use the Internet or other state property or resources for economic gain or for political or campaign-related purposes.

Guideline 9/9/1996 - Analysis of Idaho's at-will employment doctrine.

Public Officials
Guideline 3/20/1996 - Except for narrow exception, spouses of public officials having decision making authority or influence for contracts with public agency may not be awarded contracts.

Guideline 3/20/1996 - Not legal to employ spouses of public official having authority to appoint employee or vote for hiring of employee.

Public Records Act
Guideline 3/7/1996 - Tape recordings and draft minutes of state regulatory board meetings are public records and must be available for public inspection within a reasonable time after board meeting.

Revenue and Taxation
Opinion 96-03 - One Percent Initiative conflicts with property tax statutes and possibly other statutes.

Opinion 96-03 - One Percent Initiative requirement that taxes be collected by counties and apportioned according to law to taxing districts within counties is inoperable.

Solid Waste Facilities Act
Guideline 5/10/1996 - 1996 amendments to Solid Waste Facilities Act apply to commercial solid waste facilities that have obtained local and state approvals but are not constructed and in operation on date of enactment.

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