1987 Opinions and Guidelines

Table of Citations

Cities
Guideline 10/26/1987 - City budget cannot be disapproved, altered or changed by initiative or referendum.

Guideline 10/30/1987 - City budget cannot be disapproved, altered or changed by initiative or referendum.

Guideline 7/9/1987 - City regulation of bar closing hours.

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.

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

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

Corrections
Opinion 87-5 - Board of Correction has power to furlough prisoners; Commission of Pardons and Parole has sole power to release prisoners on parole, and to pardon or commute sentences.

Opinion 87-9 - For sentences imposed for crimes committed prior to February 1, 1987, Commission of Pardons and Parole may parole inmate from indeterminate sentence to consecutive sentence(s) remaining to be served.

Opinion 87-7 - Testing, treatment and quarantine of state prisoners for AIDS.

Counties
Opinion 87-7 - Counties not required to pay medical expenses incurred through testing and treatment of state prisoners for AIDS.

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

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

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

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 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 10/30/1987 - 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.

Education
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.

Elected Officials
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.

Finance
Opinion 87-11 - Imposition of late charges upon open-end credit accounts and interest-bearing consumer credit transactions; disclosure as “finance charges.”

Fish And Game
Guideline 12/31/1987 - Legislation establishing state reward program may not be administered by private entity such as Citizens Against Poaching (CAP); Department of Fish and Game may administer program and enter into agreements with private entities to provide services to the Department.

Health
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.

Health And Welfare
Opinion 87-4 - Boarding school providing 24-hour group care is subject to Child-Care Licensing Act.

Guideline 7/14/1987 - Children remain in legal custody of parents until court enters order after hearing; Department of Health and Welfare is obligated to pay for costs of shelter care subject to reimbursement by parents.

Guideline 7/23/1987 - Department of Health and Welfare must have substantial competent evidence of violation before initiating shelter home license revocation proceedings.

Guideline 8/19/1987 - Involuntary mental commitment proceedings; costs.

Opinion 87-7 - Testing, treatment and quarantine of state prisoners for AIDS.

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

Hospitals
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.

Insurance
Opinion 87-8 - Director of Department of Insurance has authority to regulate Medicare supplement insurance policies covering persons eligible for Medicare “by reason of disability.”

Guideline 3/23/1987 - State employees should not sustain loss arising from authorized use of their own vehicles on state business.

Irrigation
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.

Judicial
Opinion 87-10 - District court may appoint special prosecutor when board of county commissioners is unable to fill vacancy in office of prosecuting attorney.

Opinion 87-3 - Duty of sheriff to attend courts; court authority to appoint court attendants other than sheriff.

Guideline 9/10/1987 - 1987 amendments to legal rate of interest upon judgments apply only to causes of action which accrue on and after July 1, 1987.

Law Enforcement
Guideline 2/10/1987 - Alcoholism and intoxication treatment act impliedly repealed prior “drunk in public” statute.

Opinion 87-3 - Duty of sheriff to attend courts; court authority to appoint court attendants other than sheriff.

Guideline 8/19/1987 - Involuntary mental commitment proceedings; costs.

87-1 Opinion - Peace officers must obtain P.O.S.T. certification and training within one year of employment.

Guideline 12/2/1987 - State brand inspectors must obtain P.O.S.T. training and certification.

Legislature
Guideline 12/31/1987 - Legislation establishing state reward program may not be administered by private entity such as Citizens Against Poaching (CAP); Department of Fish and Game may administer program and enter into agreements with private entities to provide services to the Department.

Opinion 87-6 - Provision purporting to allow legislature to reject approved minimum stream flow application by concurrent resolution is unconstitutional.

Guideline 3/26/1987 - Tort reform bill S1223 does not violate art. 3, §16, Id. Const., regarding unity of subject and title.

Liquor
Guideline 2/10/1987 - Alcoholism and Intoxication Treatment Act impliedly repealed prior “drunk in public” statute.

Guideline 7/9/1987 - City regulation of bar closing hours.

Guideline 3/5/1987 - Given unconstitutionality of 1984 amendment to wine tax statute, Tax Commission should enforce law as written prior to amendment.

Media
Guideline 8/21/1987 - Qualification requirements for newspapers to publish legal notices.

Nursing, State Board of
Opinion 87-12 - Rules governing conduct of certified nurse anesthetists need only be promulgated by Board of Nursing.

Open Meeting Law
Guideline 9/9/1987 - Open Meeting Law and constitutional prohibition against secret sessions do not require legislative caucuses to be open to public.

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

Public Employees
Guideline 3/23/1987 - State employees should not sustain loss arising from authorized use of their own vehicles on state business.

Public Funds
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 9/10/1987 - 1987 amendments to legal rate of interest upon judgments apply only to causes of action which accrue on and after July 1, 1987.

Public Utilities Commission
Opinion 87-2 - Constitutionality of “exclusive franchise” language of proposed telephone deregulation bill, H.B. 149.

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

Revenue And Taxation
Guideline 3/5/1987 - Given unconstitutionality of 1984 amendment to wine tax statute, Tax Commission should enforce law as written prior to amendment.

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

Self-Regulating Agencies
Opinion 87-12 - Rules governing conduct of certified nurse anesthetists need only be promulgated by Board of Nursing.

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

Water Resources
Opinion 87-6 - Provision purporting to allow legislature to reject approved minimum stream flow application by concurrent resolution is unconstitutional.

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