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.)

E

Education
Opinion 75-8 - Legality of state financed kindergartens.

Opinion 75-26 - Education qualifications – school district elections.

Opinion 75-39 - Kindergarten attendance not included in computing district’s average daily attendance.

Opinion 75-59 - State Board of Education controls junior colleges.

Opinion 75-67 - County must collect school district levy.

Opinion 76-6 - Conditions which justify search for drugs by high school administrator of student, locker, car, or school grounds.

Opinion 76-9 - Powers of Department of Labor & Industrial Services to enforce building codes for schools and state buildings.

Opinion 76-16 - Legality of deferred compensation.

Opinion 76-20 - Requirement of both spouses’ signatures on back of tax refund warrants.

Opinion 76-24 - Legality of Governor nominating or appointing lay person as Justice of Idaho Supreme Court.

Opinion 76-30 - Secretary of State prohibited from selling Idaho Code Books.

Opinion 76-32 - Consent of juvenile to be searched for criminal misconduct on school grounds.

Opinion 76-34 - Legality of purchase of aircraft by Governor’s office.

Opinion 76-51 - Legality of stop payment on cashier’s check.

Opinion 76-54 - Enrollment of non-resident students.

Opinion 76-65 - Requirement of University of Idaho to allot all appropriated and non-appropriated revenue. Power of University to spend revenues without approval of Board of Examiners or State Auditor.

Opinion 76-65 - Power of university to spend revenues without approval of Auditor or Board of Examiners.

Opinion 77-63 - Legislative prohibition against state ad valorem tax levies while sales tax is in effect.

Opinion 77-69 - Requirement of all state educational funds to be handled through State Treasurer.

Opinion 78-34 - Educational institutions not exempt from requirements of Idaho Outfitters and Guide Act.

Guideline 9/28/1979 - Employer cannot make employee’s contribution to retirement fund.

Opinion 80-25 - Local school district in which state institution is located is responsible for educating only those institutionalized children whose guardians reside within its boundaries.

Guideline 2/1/1980 - Authority of legislature to repeal charter and impact of one-percent initiative on specially-chartered school districts.

Guideline 2/4/1980 - Definition of and applicability of tuition.

Guideline 3/13/1981 - Discipline of students in Idaho’s public schools.

Guideline 6/9/1981 - Negotiation process for public school districts and their professional employees in relation to joint ratification of settlement in open meetings.

Guideline 8/26/1981 - Authority of school board to determine location for graduation ceremonies.

Guideline 12/11/1981 - Constitutionality of providing transportation services of public districts to students of private and parochial schools.

Opinion 82-4 - Investment of surplus or idle money under Public Depository Law permissible subject to limitations.

Opinion 82-13 - School district’s contractual obligations to teachers.

Guideline 1/25/1982 - Residency requirements for tuition purposes when one is separated from armed services.

Guideline 12/10/1982 - Treatment of interest earned on Historical Society assets.

Opinion 83-12 - School Board has responsibility to ensure that compulsory attendance law requirements are met. Expulsion as habitual truant not needed for proceeding to enforce law.

Opinion 86-13 - School districts are prohibited from creating or aiding any private corporation, profit or non-profit.

Opinion 84-1 - Rule allowing health care professionals to work off portion of state educational loan obligation by service in Idaho does not impose involuntary servitude on borrower and is constitutional.

Guideline 2/14/1984 - School district trustees authorized to establish public library, and to act as trustees and levy taxes therefore. Total separation between school district and library funds.

Guideline 3/19/1984 - Junior college districts are not “school districts” and may not have social security employer’s share paid by State Auditor.

Guideline 3/26/1984 - School districts’ unused operation and maintenance funds in succeeding fiscal years.

Guideline 5/1/1984 - Legal alien eligible for assistance under end-stage renal program.

Guideline 6/19/1984 - Professional Studies Program discussed.

Guideline 3/25/1985 - Procedures for discontinuing a school.

Opinion 86-11 - Five year residency requirement for students who desire to enter special graduate programs is unconstitutional.

Opinion 86-13 - School districts are prohibited from creating or aiding any private corporation, profit or non-profit.

Guideline 1/21/1986 - Constitutionality of proposed legislation requiring Board of Education to revoke teaching certificate of any teacher who instructs for or against sectarian or denominational doctrine.

Guideline 2/6/1986 - “Balanced Treatment for Creation Science and Evolution Science in Public School Instruction Act,” would most probably be unconstitutional.

Guideline 2/12/1986 - Adjustment to appropriations for public school support to balance budget.

Guideline 2/28/1986 - Proposed legislation, prohibiting teaching that homosexuality is normal or acceptable form of behavior, is unconstitutionally uncertain.

Opinion 87-4 - Boarding school providing 24-hour group care is subject to child-care licensing act.

Guideline 2/12/1987 - Sales tax statutes apply to room rentals at Boise State University.

Opinion 89-5 - Idaho College Work Study Program is unconstitutional as applied to postsecondary institutions with religious affiliations.

Guideline 2/23/1989 - Extension of educational voucher system to include parochial schools would violate art. 9, § 5, of Idaho Constitution.

Guideline 11/14/1989 - Board of Education has discretion to permit student activity fees to be expended for student lobbying activities.

Opinion 92-4 - Formation of school-community library districts.

Opinion 92-4 - Taxing authority of school-community library districts.

Guideline 2/7/1992 - Statutorily created voucher or tax credit system for parents with children in private schools.

Guideline 3/18/1992 - Educational affairs of the state must be governed by a single Board of Education.

Guideline 11/20/1992 - Election date for community college trustees.

Opinion 93-4 - Age requirements for kindergarten and first grade.

Opinion 93-6 - Board of Education may not constitutionally be divided into two councils.

Opinion 93-10 - Individual benefiting from contract between insurance company and school district has pecuniary interest in that contract and may not serve as trustee of school district.

Opinion 93-11 - State restrictions on school-endorsed curriculum-related speech in elementary and secondary schools.

Guideline 2/19/1993 - School board has duty to appoint trustee to serve until election when rezoning creates new zone.

Guideline 3/16/1993 - Board of Education may not constitutionally be divided into two councils.

Guideline 8/19/1993 - Residency statute is not vague.

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.

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.

Opinion 97-02 - Legislature may grant income tax credit to parent or legal guardian who complies with state's compulsory education law by means other than public school system.

Certificate 7/16/1997- Initiative Regarding Teachers Freedom to Negotiate".

Guideline 2/10/1998 - Board of education vested with general supervision of public schools, including higher education, and superintendent of public instruction, while ex officio member of board, executes state law and board policy relating to public schools.

Guideline 4/28/1998 - Public school superintendents must have five years' credited service before becoming eligible for retirement benefits.

Guideline 11/25/1998 - School does not qualify as "hardship school" because of language barrier or school district-created demographic conditions.

Guideline 3/15/2000 - Legislature may not limit spending authority for income from university land endowments by not appropriating that money to colleges and universities; all income from university endowment funds derived from federal land grants is perpetually appropriated by such grants regardless of statutory or constitutional beneficiary.

Guideline 1/7/2002 - Court likely to uphold district policy authorizing or mandating moment of silence at beginning of school day if properly drafted and adopted for appropriate purpose.

Guideline 1/17/2002 - Universities and colleges are not prohibited from charging differential matriculation fees under art. 9, sec. 10, Idaho Const., provided that fees collected are used only for maintenance and operation of physical plant, institutional support or student services.

Guideline 1/17/2002 - Program to charge differential matriculation fees may not survive rational basis review under equal protection analysis if program is method to allow institution to be reimbursed for increased costs of instruction; if program has legitimate purpose such as accounting for increased cost for items that may be reimbursed by matriculation fees, it is likely to pass rational basis review.

Guideline 10/9/2008 - The educational support program funding provision contained in Idaho Code § 33-1003(1) pertaining to decreases in average daily attendance does not apply to public charter schools.

Certificate 4/15/2009 - Initiative Petition Regarding Bible Curriculum.

Certificate 3/23/2011 - Referendum Regarding Restricting Negotiated Agreements with Teachers (S1108).

Certificate 3/23/2011 - Referendum Regarding Performance Based Pay for Teachers (S1110).

Certificate 4/11/2011 - Referendum Regarding Reduction of School District Funding, Requiring Provision of Laptop Computers, and Requiring Online Courses for High School Graduation (SB 1184).

Elected Officials
Opinion 75-3 - Treatment of group insurance and deficit.

Opinion 75-16 - Appointment to fill vacancy at Pea and Lentil Commission.

Opinion 75-48 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Opinion 75-53 - Voting member of Land Board.

Opinion 77-1 - Appointment of and redesignation of Governor and Lieutenant Governor.

Opinion 77-18 - Ability to enter into joint agreements with other taxing units as to investment of idle funds.

Opinion 77-21 - Recall elections. Appointment of successors if all officers on board recalled.

Opinion 77-29 - Definitions of terms under Sunshine Law. Contributions and expenditures under Sunshine Law.

Opinion 77-51 - State Liquor Dispensary entitled to receive and retain interest on idle liquor funds from State Treasurer.

Opinion 77-61 - Rotary funds or rotary expense funds are not idle funds to be invested; they are specially reserved to pay daily expense.

Opinion 77-67 - Overdrafts in general account, interest and charges – State Deficiency Warrants – Fire suppression charges.

Opinion 77-69 - Requirement of all state educational funds to be handled through State Treasurer.

Opinion 78-3 - Interest from the Rural Rehabilitation Loan Fund.

Opinion 78-18 - Presentation issue re H.B. 480. Bill as passed by Legislature controls.

Opinion 78-21 - Creation, appointment and term of new district judgeship.

Opinion 78-32 - Executive Order #77-11 re comprehensive plan for data processing is applicable to elective offices.

Opinion 78-43 - State Treasurer lacks authority to sell or incur loss from sale of investments of “idle monies” prior to maturity.

Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Opinion 79-3 - Term of office of appointed P.U.C. Commissioner not reconfirmed.

Opinion 79-8 - Liability for transactions by Endowment Fund Investment Board.

Opinion 80-11 - Legislature must reconsider vetoed bills.

Opinion 80-16 - Governor’s authority to use state resources to meet emergencies.

Opinion 80-17 - Banks can accept deposits after initial refusal.

Opinion 80-19 - Governor may not transfer state monies from one fund to another.

Opinion 80-20 - State Board of Examiners, not Governor, has authority to reduce expenditures legislatively authorized.

Guideline 3/10/1980 - Authority of Governor to appoint administrators of divisions created by administrative action.

Opinion 82-1 - No constitutional bar to legislatively created office conducting duties similar to State Auditor.

Opinion 82-4 - Investment of surplus or idle money under the Public Depository Law permissible subject to limitations.

Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Guideline 2/22/1983 - Source and extent of Governor’s veto power.

Guideline 1/17/1984 - Both during legislative sessions and in the interim Lieutenant Governor is entitle to unvouchered per diem expense allowance equal to that of speaker of house of representatives.

Opinion 85-5 - Appointment of member of judiciary to Children’s Trust Account would violate separation of powers clause of Idaho Constitution.

Opinion 87-10 - Board of county commissioners has duty to fill vacancy in office of prosecuting attorney with election-qualified replacement.

Guideline 1/28/1987 - Jurisdiction and cooperation among coroners when incident causing death occurs in one county, actual death occurs in another.

Guideline 6/18/1987 - Member of county planning and zoning commission may not serve concurrently as city councilman.

Guideline 9/25/1987 - Successor filling vacancy or person elected for full term as city council member assumes office on first January meeting of council following appointment or election.

Guideline 2/8/1988 - As trustee of Lake Coeur d’Alene water right, Governor may take action to prevent junior appropriator from causing fluctuations in lake level, but may not regulate or control surface encroachments that do not impair the lake level.

Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Guideline 2/3/1989 - Governor’s authority to implement minimum wage schedule for state employees.

Guideline 4/18/1989 - Meaning of the “full time” requirement for certain prosecuting attorneys.

Guideline 7/18/1989 - Members of city council may not contract with city.

Guideline 12/12/1989 - Responsibility and authority of prosecuting attorney and city attorney.

Guideline 12/19/1989 - Prosecuting attorney may seek and hold office of precinct committeeman.

Guideline 12/19/1989 - State senator or representative may see and hold office of precinct committeeman.

Guideline 3/28/1990 - State Superintendent of Public Instruction may be required to possess an administrator's certificate.

Guideline 6/15/1990 - Commissioner of highway district may not contract with district.

Guideline 6/15/1990 - Hospital district trustees not subject to recall election.

Guideline 9/7/1990 - Public officer may not accept complimentary cruise.

Guideline 10/17/1990 - County commissioner may serve while his daughter is employed as deputy clerk.

Guideline 11/14/1990 - Attorney legislators may represent clients before state agency and may represent state agency.

Guideline 11/14/1990 - City councilman may not contract with city.

Guideline 4/30/1991 - Individual may hold offices of mayor and state legislator at same time.

Guideline 11/4/1991 - Governor has good faith obligation to provide balanced budget to legislature.

Guideline 5/6/1992 - Examiners, State Board of Authority to reduce appropriations made by the legislature to the executive branch of government.

Guideline 11/12/1992 - Prosecuting Attorney Election void due to ineligible winner.

Guideline 12/24/1992 - Legality of County Commissioner Residency.

Guideline 1/22/1993 - Limited performance audits by one branch of government on another branch of government may not violate separation of powers doctrine.

Guideline 1/22/1993 - State Auditor has constitutional duty to conduct modern post-audits and legislature may authorize another entity to perform duplicate audits.

Elections
Opinion 75-6 - Propriety of taxing unit spending funds to promote bond election.

Opinion 75-26 - Election qualifications – school district elections.

Opinion 75-28 - Sunshine Act – “Political Committee” defined – Certification of political treasurers.

Opinion 75-42 - Elector’s registration cancelled for failure to vote for four years.

Opinion 75-68 - Legality of “Head to Head” statute – Election of state representatives.

Opinion 76-7 - Bond election ballot statement must be sufficient to apprise voters of purpose and scope of improvement contemplated.

Opinion 76-10 - Votes required to recall an official appointed rather than elected.

Opinion 76-45 - Defining rules for candidates filing under one party name but winning enough write-in votes to qualify for general election ballot under another party name.

Opinion 77-55 - Cities which have adopted state voter registration may close registration five days prior to election.

Opinion 78-24 - Resignation and subsequent eligibility for re-appointment of magistrate.

Opinion 79-12 - Ballot proposition budget limitation override election.

Opinion 79-23 - Definition of qualified voters for petition to disincorporate a city.

Guideline 5/7/1979 - Procedures for budget freeze override elections.

Guideline 5/31/1979 - Payment of election costs by initiative and referendum petitioners.

Guideline 12/4/1980 - Procedures to be followed by Senate in judging contest of elections.

Guideline 7/8/1981 - Legislative authority to enact qualifications for state legislative elections in addition to those in Idaho Constitution.

Guideline 7/17/1981 - Amendment to provide for special elections for referenda falls within scope of Governor’s call.

Guideline 2/26/1985 - Meaning of term “state candidate” in determining body with authority to fill vacancies.

Opinion 86-9 - Provision that legislature defer action on ratification of amendments to U.S. Constitution until after popular referendum conflicts with Art. V. of the U.S. Constitution and therefore is a nullity.

Guideline 4/14/1989 - Person who has been convicted of a felony and who has had civil rights restored may vote in election.

Guideline 6/15/1989 - Highway commissioners may open the polls prior to noon if appropriate notice of time extension is given to electorate.

Guideline 6/15/1989 - Voter in highway district election must be registered in compliance with Idaho voter registration law.

Guideline 11/22/1989 - Write-in candidate not allowed to run in runoff election for mayor.

Guideline 1/26/1990 - Advisory question placed on ballot has no binding effect.

Guideline 2/13/1990 - Percentage of signatures per county on referendum may be limited.

Opinion 91-4 - Voting Rights Act and Fourteenth Amendment require that reapportionment plan provide substantially equal legislative representation and not discriminate against racial or language minorities.

Opinion 91-4 - Idaho Constitution imposes requirements on creation of legislative districts.

Guideline 4/23/1992 - Application of Idaho's campaign finance disclosure laws to an undeclared candidate for county office.

Guideline 11/12/1992 - Process to fill vacant elective position when winner is ineligible.

Guideline 11/20/1992 - Election date for community college trustees.

Certificate 4/1/1996 - Term Limit Initiative.

Certificate 7/7/1997 - Initiative Regarding State Term Limits and Lobbying Reform.

Certificate 7/7/1997 - Term Limits Pledge Initiative.

Certificate 7/8/1997 - Initiative Regarding Congressional Term Limits Pledges.

Certificate 7/9/1997 - Initiative Regarding Process Governing Initiatives.

Opinion 99-1 - Ballot access restrictions do not apply to members of judiciary.

Certificate 5/28/1999 - Idaho State Term Limits Act of 2000.

Certificate 5/28/1999 - Idaho State Term Limits Act of 2000.

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

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

Certificate 2/28/2002 - Initiative Concerning State Term Limits.

Guideline 4/30/2002 - Court likely to hold member of commission for reapportionment not precluded from running for lieutenant governor.

Guideline 4/30/2002 - Secretary of state has authority to determine qualifications of candidates.

Certificate 7/15/2009 - Initiative Petition Regarding Absentee Voting / Vote by Mail

Eminent Domain
Certificate 3/28/2006 - Initiative Relating to Eminent Domain and Regulatory Takings.

Employment
Opinion 76-60 - Consideration of vacation and severance pay in determining unemployment tax and benefits.

Opinion 78-27 - Legislation required to change Public Employee Retirement System Act.

Opinion 78-30 - Clarification of employment of directors and staff of regional LEPC.

Opinion 80-28 - Payments made to employees due to illness or disability are separate from wages.

Guideline 1/28/1982 - Right to Work Bill would have had little effect on purchase negotiations of Bunker Hill.

Guideline 2/19/1982 - Conflict between Right to Work and right of employees to organize.

Guideline 3/25/1982 - Veterans' preferences to disabled war veterans.

Opinion 83-7 - Statutes do not prohibit use of federal delay of draw down procedures for Employment Security Fund but practical problems make use of such procedures unavailable.

Guideline 4/4/1983 - Effect of constitutional and statutory provisions on ability of Department of Employment to borrow money from federal government for payment of unemployment claims.

Opinion 84-11 - Promulgation of IDAPA 09.30.05 by director of Department of Employment – denying unemployment insurance benefits to employees of an educational institution between terms and during customary vacation and holiday recess periods – was proper exercise of authority under Idaho Employment Security Law.

Guideline 6/26/1984 - Legal resident aliens have a constitutional right to become notaries public.

Guideline 9/13/1989 - Provisions of Idaho right-to-work law apply only to private sector, not to public employers.

Guideline 10/26/1989 - Right-to-work law not violated if collective bargaining agent is elected as sole bargaining agent to represent all employees, including non-union employees.

Guideline 6/14/1990 - Overtime requirements of FLSA have not been extended to all private employers by state law.

Guideline 8/14/1992 - Employees may waive salary to avoid mandatory PERSI membership only if the state has the discretion to pay or not pay that employee.

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

Certificate 7/28/1995 - Minimum Wage Law.

Certificate 2/25/1998 - Initiative Regarding Minimum Wage Law.

Certificate 2/25/1999 - Initiative Regarding Amendment to title 44, chapter 10, Idaho Code.

Certificate 7/22/2004 - Initiative to Repeal the Right to Work Law.

Endowment Fund Investment
Opinion 10-1 - The fiduciary duties of the Endowment Fund Investment Board require the EFIB determine that the investments represented by the Credit Enhancement Program will secure the maximum long term return to the endowment.

Opinion 10-1 - Investment through the Credit Enhancement Program without fees is an investment that does not comply with the duties of loyalty, impartiality or the Prudent Investor Rule.

Endowment Fund Investment Board
Opinion 88-1 - Endowment Fund Investment Board could constitutionally enter into securities lending agreements and sell covered call options, if legislation permitting such were enacted and if fiduciary obligations were met.

Endowment Funds
Opinion 85-3 - To avoid violation of constitutional and land grant provisions, the special fund provided by Idaho Code §58-140 should be considered in the agency asset fund.

Opinion 85-4 - Permanent endowment funds may be invested in money market mutual funds.

Opinion 85-4 - State Treasurer, as custodian of public school fund, may refuse to open accounts or transfer investments for clearly illegal investments.

Opinion 09-1 - The Idaho Legislature does not have the authority to exempt leases of state endowment lands for single-family recreational cottage sites and homesites from the public auction requirement of Article IX, § 8, of the Idaho Constitution.

Opinion 09-1 - The Idaho cottage site leasing rules, IDAPA 20.03.13, likely violate the constitutional mandate that endowment lands be managed solely for the financial benefit of endowed institutions.

Endowment Lands
Opinion 75-25 - Conflict of interest.

Opinion 76-1 - State Board of Land Commissioners, not the beneficiaries, controls use of state endowment lands.

Guideline 10/29/1979 - Restrictions upon investment made by the Board.

Opinion 80-18 - Provisions allowing investment of public funds in savings and loan associations do not apply to permanent endowment, state insurance or fireman’s retirement funds.

Opinion 81-14 - Monies from 10% fund must be expended for capital improvements upon same endowment land from which monies were derived.

Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Opinion 82-10 - State Land Board may sell to state agencies trust lands without public notice or public auction.

Guideline 10/28/1982 - Sale of school endowment lands for future site of hydroelectric project.

Guideline 11/28/1984 - Monies from “ten percent fund” must be expended for improvements on same endowment land grant from which they derived and on no other.

Opinion 85-3 - To avoid violation of constitutional and land provisions, the special fund provided by Idaho Code §58-140 should be consolidated in the agency asset fund so that interest will be accounted for separately for the benefit of the account.

Opinion 85-4 - Permanent endowment funds may be invested in money market mutual funds provided fund unconditionally guarantees full repayment of principal and interest and state does not directly or indirectly become stockholder in any association or corporation.

Guideline 1/10/1985 - Recovery of timber sale administrative expenses from endowment trust proceeds.

Guideline 10/7/1988 - Treasurer may deposit funds in suspense account prior to allocating to public school fund or to state treasury.

Guideline 9/3/1992 - Crediting interest earned on endowment land receipts to the general account violates the Idaho Admission Bill and the Idaho Constitution.

Guideline 9/3/1992 - Authority of Department of Lands to place receipts earned from endowment accounts into interest-bearing accounts.

Guideline 9/3/1992 - Interest earned from endowment fund lands must be segregated for deposit into the general account.

Opinion 09-1 - The Idaho Legislature does not have the authority to exempt leases of state endowment lands for single-family recreational cottage sites and homesites from the public auction requirement of Article IX, § 8, of the Idaho Constitution.

Opinion 09-1 - The Idaho cottage site leasing rules, IDAPA 20.03.13, likely violate the constitutional mandate that endowment lands be managed solely for the financial benefit of endowed institutions.

Environment
Opinion 76-44 - Pollution control devices exempt from taxation – Land not exempt.

Opinion 78-42 - Authority of Health and Welfare or local government to implement mandatory motor vehicle emissions program.

Environmental Law
Guideline 9/24/1990 - Division of Environmental Quality regulates activities at INEL.

Guideline 9/24/1990 - DOE at INEL must comply with state environmental laws to the extent sovereign immunity has been waived.

Guideline 3/5/1991 - Participation by legislators in biennial legislative tour of northern Idaho does not violate Bribery and Corrupt Influence Act.

Guideline 3/15/1991 - Underground storage tank program does not violate credit clause of Idaho Constitution.

Opinion 11-1 - Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

Ethics
Guideline 8/15/1991 - Acceptance of complimentary "Buy Idaho" gift pack does not violate either Bribery and Corrupt Influence Act or Ethics in Government Act.

Guideline 10/23/1991 - City employee cannot be employed by city while spouse serves on city council.

Guideline 11/13/1991 - Any contract made in violation of Idaho Code 59-201 is voidable.

Guideline 11/13/1991 - County hospital board member may not have interest in any contract made with county hospital.

Guideline 11/13/1991 - County hospital board member has pecuniary interest in any contract made by spouse with hospital under board's control.

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.

Evidence
Guideline 1/19/1990 - Records stored and retrieved by optical laser method are not barred as evidence.

Examiners, State Board of
Opinion 76-65 - Power of university to spend revenues without approval of Auditor or Board of Examiners.

Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Opinion 80-20 - State Board of Examiners, not Governor, has authority to reduce expenditures legislatively authorized.

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