1986 Opinions and Guidelines

Table of Citations

State Board of Accountants
Opinion 86-1 - Legislature may restrict use of word “accountant” to licensed and certified individuals.

Agriculture
Guideline 2/6/1986 - Authority of the Farm Foreclosure Review Board is advisory only.

Animals
Guideline 2/10/1986 - Proposed wolf depredation statute would directly conflict with the federal Endangered Species Act and would create exposure to federal prosecution.

Commissions and Boards
Guideline 2/6/1986 - Rules promulgated by the Real Estate Commission concerning real estate license instruction exceed its authority.

Guideline 2/14/1986 - Requirement that Fish & Game commissioner must declare name of political party to which he belongs at time he takes oath of office is constitutional.

Guideline 7/2/1986 - Board and commission members are entitled to compensation when performing actual duties and converting per diem rates to hourly rates is proper.

Corrections
Guideline 1/22/1986 - The use of EMIT-d.a.u. assays by Department of Correction for drug screening constitutes a laboratory and is therefore subject to regulation by Department of Health and Welfare.

Counties
Guideline 6/6/1986 - Scope of building and construction activities that county and public officers and employees may engage in.

Guideline 9/16/1986 - Allowed use of unused budget funds prior to end of fiscal year.

Guideline 9/22/1986 - Counties must have joint powers agreement before they can implement district-wide public defender system.

Opinion 86-10 - County commissioners may set salaries for then county officers, their deputies and assistants and may create a personnel system to set pay scales, regulate working hours and perform similar functions.

Opinion 86-10 - Under art. 18, § 6, Idaho Constitution, county commissioners may not create new offices or directly control work activities or judge the job performance of other officers or their deputies and assistants.

Education
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.

Elections
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.

Finance
Opinion 86-17 - To perfect security interest in farm products, designation of county alone is sufficient legal description of real estate.

Fish and Game
Opinion 86-5 - Prohibition against possession of uncased firearm by person in forest and fields intending to hunt without a license does not violate art. 1, § 11, of Idaho Constitution.

Guideline 2/14/1986 - Requirement that Fish & Game commissioner must declare name of political party to which he belongs at time he takes oath of office is constitutional.

Health and Welfare
Guideline 1/22/1986 - The use of EMIT-d.a.u. assays by the Department of Correction for drug screening constitutes a laboratory and is therefore subject to regulations by Department of Health and Welfare.

Guideline 2/6/1986 - Advertisement in school newspaper by District Health Department listing services available for teens does not violate Idaho law.

Guideline 2/13/1986 - Proposed amendment to Idaho’s Relative Responsibility Act would probably not withstand court scrutiny.

Guideline 6/27/1986 - Special trust account is not appropriate repository for employee funds.

Hospitals
Guideline 9/16/1986 - County hospital may transfer real and personal property to newly-formed hospital district.

Insurance
Guideline 8/21/1986 - “Price Guaranteed Funeral Service Contract” funded by insurance contract held to be unlawful.

Labor and Industrial Services
Opinion 86-8 - Plumbing Division of State Department of Labor and Industrial Services has authority to issue permits to non-licensed individuals.

Law Enforcement
Opinion 86-7 - Certain law enforcement investigation records are exempt from disclosure under Freedom of Information Act.

Opinion 86-16 - For purposes of federal Gun Control Act, person remains convicted of felony after release from imprisonment, probation, or parole; however, person who satisfies conditions of a withheld judgment and has judgment expunged by court order is not a convicted felon.

Guideline 10/16/1986 - Juveniles charged with D.U.I. may be prosecuted either as minors or as adults.

Guideline 12/30/1986 - State cannot charge criminally for both outfitting and guiding without a license, as they constitute one act.

Legislation
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 2/13/1986 - Proposed amendment to Idaho’s Relative Responsibility Act would probably not withstand court scrutiny.

Guideline 2/27/1986 - The Senate may amend House revenue bills to add additional taxes.

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

Guideline 3/20/1986 - Constitutionality of proposed telecommunication deregulation bill.

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

Liquor
Opinion 86-4 - 1985 amendment to title 23, Idaho Code, did not allow beer and wine sales after one o’clock a.m.

Opinion 86-14 - Higher tax on wines produced outside state of Idaho is unconstitutional.

Guideline 2/3/1986 - Non-partisan political activities of state liquor dispensary superintendent not prohibited.

Military
Guideline 1/16/1986 - Idaho Communications Security Act does not apply to military intelligence training.

Public Employees
Opinion 86-3 - For purpose of Social Security Act [42 U.S.C. § 409(3)], State of Idaho must meet sick pay exclusion requirements.

Opinion 86-2 - The state must defend and indemnify claims brought against employees under Idaho Tort Claims Act.

Opinion 86-12 - For retirement purposes, “salary” includes “cafeteria plan” benefits to extent employee has right to elect cash benefits under the plan.

Guideline 11/21/1986 - State employees who travel using supersaver fares are entitled to per diem allowance and expense reimbursement for weekend stayovers.

Public Funds
Guideline 1/16/1986 - Conflict of Interest, Idaho Code § 59-201.

Guideline 11/26/1986 - Energy conservation measures are “ordinary” and necessary for public buildings and do not need election for their authorization.

Public Officials
Guideline 3/7/1986 - Office becomes vacant when city council member ceases to be resident of city.

Guideline 9/3/1986 - An individual may appear on ballot as candidate for both district and magistrate judge.

Opinion 86-6 - Prosecuting attorney may not serve concurrently as member of Idaho Legislature.

Opinion 86-15 - Elected officials of state executive branch may not receive cash compensation for unused vacation leave at end of their term.

Public Utilities Commission
Guideline 3/20/1986 - Constitutionality of proposed telecommunication deregulation bill.

Real Estate Commission
Guideline 2/6/1986 - Rules promulgated by the Real Estate Commission concerning real estate license instruction exceed its authority.

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

Opinion 86-14 - Higher tax on wines produced outside state of Idaho is unconstitutional.

Guideline 2/25/1986 - Proposed amendment for proportional registration of vehicles would probably be constitutional; optional tax schedules are constitutional.

Guideline 3/14/1986 - Tax credit for operation of home school.

Guideline 9/24/1986 - Idaho fuels tax statute extending favorable tax treatment only to gasohol manufactured in Idaho is unconstitutional.

Self-Regulating Agencies
Opinion 86-1 - Legislature may restrict use of word “accountant” to licensed and certified individuals.

Water Resources
Guideline 1/6/1986 - Conflict of interest, water resources board member.

Guideline 6/20/1986 - Idaho Dam Safety Act applies to waste water treatment facilities within definition of dam in I.C. § 42-1711(b) and is under jurisdiction of Department of water Resources.

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