1985 Opinions and Guidelines

Table of Citations

Administrative Procedure Act
Guideline 4/12/1985 - Fees intended to reimburse costs incurred by a district board of health are within the definition of rulemaking for the purposes of Idaho Code §39-416 and the Administrative Procedure Act.

Alcoholic Beverages
Guideline 1/16/1985 - Without further legislative guidance, the scope of exceptions under Idaho Code §23-1023 remains unclear.

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

Guideline 7/17/1985 - The authority of special purpose taxing districts is granted by the legislature and not by the formation petition. A district may conduct any statutorily authorized activity until it is dissolved by the legislature or by election.

Guideline 7/17/1985 - The Greater Boise Auditorium District’s support of a “Convention and Visitor’s Bureau” is a lawful expenditure since it promotes the function and purpose of the district.

Banks
Opinion 85-6 - Unclaimed Property Act – Finance, Department of – Bank Act, Records – Central Records Management.

Children’s Trust Account
Guideline 11/14/1985 - Disbursement of trust funds is in the sole discretion of the Children’s Trust Fund Board; the Department of Health and Welfare is responsible only for management and account of monies so disbursed.

Guideline 11/14/1985 - Idle funds in the Children’s Trust Fund are invested by the state treasurer and interest earned thereon is paid to the fund account.

Cities
Guideline 2/11/1985 - Proposed House Bill No. 73, which permits resort city residents and city governments to act in concert to impose sales taxes, is constitutional.

Clean Indoor Air Act
Guideline 2/12/1985 - Meaning of the term “public place” as used in the proposed Clean Indoor Air Act, House Bill 65.

Commission on the Arts
Guideline 5/24/1985 - Proposed Commission on the Arts rule conditioning the grant of funds upon content of material presented may be unconstitutional infringement of first amendment rights.

Corrections
Guideline 10/21/1985 - Correctional Industries may sell inmate made goods to governmental and non-profit institutions wherever located, and to retail and wholesale establishments within the state.

Opinion 85-9 - Meetings of Commission of Pardons and Parole are subject to Open Meeting Law.

Counties
Guideline 2/4/1985 - County administered programs affect only unincorporated areas of the county and thus have no effect within municipalities. (To Rep. Hooper).

Guideline 4/26/1985 - Proposed Watercraft Licensing Ordinance would not be in conflict with state law so long as it is reasonably related to the protection of the public health, safety and general welfare or amounts to a rental of county property.

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

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

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

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

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

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.

Endowment Lands
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.

Finance
Opinion 85-6 - The Department of Finance may destroy useless bank records.

Opinion 85-6 - Unclaimed Property Act – Bank Act – Central Records Management.

Fire Marshal
Guideline 8/29/1985 - Fire Marshal has authority to carry concealed weapon during arson investigation.

Fish and Game
Guideline 9/18/1985 - Conditions under which Idaho residents lose their resident hunting and fishing privileges while absent from state.

Gambling
Guideline 2/26/1985 - House Bill 228 is a constitutional exercise of power by the legislature to criminalize the use of slot machines for gambling purposes.

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

Health and Welfare
Opinion 85-10 - Provisions of Relative Responsibility Law, requiring relatives to repay nursing home expenses under Medicaid, violate Social Security Act.

Guideline 1/22/1985 - Proposed restrictive covenant banning “group homes” from residential neighborhoods is most likely unconstitutional and unenforceable on public policy grounds.

Guideline 2/12/1985 - Meaning of term “public place” as used in Clean Indoor Air Act.

Guideline 4/12/1985 - Fees intended to reimburse costs incurred by District Board of Health are “rules.”

Guideline 11/14/1985 - Children’s Trust Account Board’s powers and duties.

Guideline 12/19/1985 - Issuance of continuing garnishment to employer of parent delinquent on support obligation.

Insurance
85-8 Opinion - Cities, counties and other political subdivisions of the state are not subject to automobile insurance liability laws.

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

Labor and Industrial Services
Opinion 85-7 - Dedicated fund divisions of Department of Labor and Industrial Services must go through statutory budgeting and appropriation procedures before expending dedicated funds.

Law Enforcement
Guideline 2/26/1985 - Possession of slot machines.

Guideline 3/4/1985 - Constitutional for police officers to issue summons by ticketing illegally parked vehicles.

Guideline 3/4/1985 - Duty of police officers to enforce handicap parking privileges applies to private as well as public parking areas.

Guideline 6/3/1985 - Implied consent law is applicable to all drivers of motor vehicles.

Guideline 8/29/1985 - The state fire marshal is a lawful enforcement official having arrest powers in arson cases.

Legislature
Guideline 2/21/1985 - Proposed bill barring cause of action for wrongful birth is not unconstitutionally broad or void for vagueness.

Liquor
Guideline 1/16/1985 - Whether exceptions to alcohol laws are broad enough to cover chaperoned graduation parties.

Guideline 2/2/1985 - State Liquor Dispensary may remain liable for any remaining financial obligation of broken lease.

Motor Vehicles
Guideline 10/3/1985 - Chauffeur status of commercial haulers.

Opinion 85-8 - Cities, counties and other political subdivisions of the State of Idaho are not subject to the automobile Insurance Liability Law.

Open Meeting Law
Opinion 85-9 - Commission of Pardons and Parole is subject to Open Meeting Law and required to open all meetings to public except those conducted in executive session.

Opinion 85-9 - Only documents excluded from public inspection by statute may be considered in executive session.

Opinion 85-9 - Voting by public agencies must be conducted in public.

Personnel Commission
Guideline 2/19/1985 - Salaries are adjusted at the time a reclassification takes effect and an employee whose position is reclassified upward can bring a grievance if the agency does not grant a corresponding pay increase.

Planning And Zoning
Guideline 1/22/1985 - Proposed restrictive covenant banning “group homes” from residential neighborhoods is most likely unconstitutional and unenforceable on public policy grounds.

Public Employees
Guideline 2/19/1985 - Personnel reclassifications and salary adjustments at time of reclassification.

Revenue And Taxation
Guideline 2/11/1985 - Bill permitting resort city residents and city governments to act in concert to impose sales taxes constitutional.

Guideline 2/11/1985 - Proposed House Bill No. 73, which permits resort city residents and city governments to act in concert to impose sales taxes, is constitutional.

Guideline 4/26/1985 - Differential licensing fees which discriminate between residents and non-residents may violate constitutional guarantee of equal protection of the law.

Opinion 85-1 - Personal property tax liens superior to prior perfected purchase money security interests.

Unclaimed Property
Opinion 85-6 - The Unclaimed Property Act as applied to unclaimed funds during bank liquidation.

Opinion 85-6 - Unclaimed Property Act – Finance, Department of – Bank Act, Records – Central Records Management.

Water Resources
Opinion 85-2 - Water Resource Board has the authority to issue revenue bonds for hydroelectric power project.

Wrongful Birth
Guideline 2/21/1985 - Proposed House Bill 120 which bars a cause of action for wrongful birth is not unconstitutionally broad or vague.

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