2001 Opinions, Guidelines and
Certificates of Review

Table of Citations

Agriculture
Opinion 01-3 - Determination by director that there are no viable agricultural alternatives to crop burning must be based on documentary evidence to create a record that can be reviewed by a court under the Administrative Procedures Act.

Commissions and Boards
Opinion 01-4 - Land Board may deposit into land bank fund proceeds from sale of lands belonging to the following endowments: penitentiary, public school, university, scientific school, agricultural college, normal school, mental hospital, and charitable institutions; but not from capitol permanent endowment.

Opinion 01-4 - Land Board retains discretion in deciding whether to deposit proceeds from sale of parcels of endowment lands into land bank fund; if not placed in land bank fund, must be placed in appropriate permanent endowment fund.

Opinion 01-4 - Proceeds from sale of endowment property may be used to pay for reasonable and necessary costs incidental to sale or acquisition of property prior to deposit into land bank fund.

Correctional Industries
Opinion 01-1 - Correctional Industries products may not be sold to retail or wholesale establishments that (1) are not in business of selling such products or (2) do not intend to sell Correctional Industries products.

Elections
Certificate 7/5/2001 - Initiative Regarding Testing of Candidates for Public Office.

Certificate 8/23/2001 - Initiative Concerning State Term Limits.

Gaming
Certificate 7/12/2001 - Initiative Regarding Tribal Video Machine Gaming.

Health and Welfare
Guideline 6/7/2001 - Hotels and motels are probably "public pools" subject to State inspection and regulation, but definitions of "public" and "private" pools need to be clarified.

Indian Reservation
Certificate 7/12/2001 - Initiative Regarding Tribal Video Machine Gaming.

Land Board
Opinion 01-4 - Land Board may deposit into land bank fund proceeds from sale of lands belonging to the following endowments: penitentiary, public school, university, scientific school, agricultural college, normal school, mental hospital, and charitable institutions; but not from capitol permanent endowment.

Opinion 01-4 - Land Board retains discretion in deciding whether to deposit proceeds from sale of parcels of endowment lands into land bank fund; if not placed in land bank fund, must be placed in appropriate permanent endowment fund.

Opinion 01-4 - Proceeds from sale of endowment property may be used to pay for reasonable and necessary costs incidental to sale or acquisition of property prior to deposit into land bank fund.

Lands
Opinion 01-2 - Idaho Constitution, art. 9, ยง 8, applies to endowment lands and to lands acquired by State after 1982, but does not apply to other lands acquired or owned by State.

Legislature
Guideline 7/6/2001 - Federal Voting Rights Act does not per se prohibit multi-member districts in instances where protected class could constitute majority of a single-member sub-district; however, extensive fact-finding and legal analysis required to determine violation of Voting Rights Act is not function of Commission for Reapportionment.

Guideline 7/6/2001 - Idaho Constitution addresses only legislative "districts" and Commission for Reapportionment may not apportion House of Representatives by use of "sub-districts".

Guideline 7/6/2001 - Idaho Constitution does not preclude formation of a House of Representatives smaller than 70 members by Commission for Reapportionment, but single-member districts or mix of two-seat multi-member districts with one-seat single-member districts conflict with Idaho Code.

Certificate 8/23/2001 - Initiative Concerning State Term Limits.

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