Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

D

Day Care
Guideline 2/4/1985 - Legality of proposed Day Care Licensing Act, House Bill 94. (To Sen. Bray). See Counties (To Rep. Hooper).

Dentistry, State Board of
Opinion 77-20 - Subdivisions of state may not become members of corporations nor perform license examinations outside state.

Disaster Preparedness Act
Opinion 89-9 - Disaster Preparedness Act of 1975 encourages, but does not require, cities to plan for disaster emergencies.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

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.

Districts
Opinion 77-12 - Definition of taxing power – Mortgage of property prohibited – Bonding requirements.

Opinion 77-48 - Discretion to levy tax upon lands, improvements or personal property in a uniform matter.

Opinion 78-14 - Requirements relative to collective bargaining and compulsory arbitration.

Opinion 79-6 - Authority of highway districts to impose traffic regulations.

Opinion 79-7 - Impact of one-percent initiative and budget freeze limitations on local improvement districts.

Guideline 8/8/1979 - Fire Protection Districts not authorized to maintain ambulance services.

Opinion 80-5 - Authority of county commissioners to change boundaries of and create new highway district.

Opinion 80-9 - Assessment of additional monies in sewer use fee to maintain sewage treatment plant.

Opinion 80-22 - Uniform Plumbing Code does not apply directly to Central Orchards Sewer District.

Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system constitutional.

Guideline 7/13/1981 - No bond requirement for election to dissolve recreation district.

Guideline 6/2/1982 - Collection of fire protection fees from fire protective association and districts.

Guideline 7/17/1985 - Greater Boise Auditorium District discussed.

Guideline 6/18/1987 - County roads cannot be abandoned merely by failing to include them on official highway district system map.

Guideline 6/29/1987 - Ability of recreation district to levy fees in lieu of ad valorem taxes.

Guideline 6/29/1987 - Hospital district remains valid even though only clinic or ambulance services are offered by district; hospital districts must be dissolved pursuant to state law.

Guideline 10/27/1987 - Health districts are required to deposit their funds with state, and should continue use of joint exercise of powers pool for investments.

Guideline 10/30/1987 - If city disbands municipal irrigation system, irrigation district and lateral ditch water users’ association or irrigation lateral districts become obligated to deliver water within city to entitled users.

Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

Domestic Violence Crime Prevention Act
Guideline 6/4/1997 - Arrest powers emanating from act do not apply to violations of orders issued in another state, although other sources of arrest power may be available in such situations.

Guideline 6/4/1997 - It is unlikely a person could be convicted for violation of act where underlying order issued by another state.

Guideline 6/4/1997 - Protection order issued by another state must be enforced in same manner as other civil orders issued by Idaho courts under full faith and credit provision of United States Code.

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