1990 Opinions and Guidelines

1990 Annual Report

Table of Citations

Opinion 90-6 - Cities do not have authority to require state to obtain building permit.

Guideline 5/18/1990 - Cities do not have authority to require state to obtain building permit.

Guideline 9/17/1990 - City traffic ordinance conflicting with state regulation is invalid.

Commissions and Boards
Guideline 2/27/1990 - County hospital board not a political subdivision.

Guideline 2/27/1990 - County hospital board cannot create long-term debt or obligate the county for indebtedness.

Guideline 3/14/1990 - Federal constitution contains no provision to halt constitutional convention, one two-thirds of states call for convention.

Guideline 3/14/1990 - It is not clear whether constitutional convention can be limited to one amendment.

Guideline 1/9/1990 - Landowner restrictions on right to petition violate Equal Protection Clause.

Guideline 2/2/1990 - State candidacy requirements for Congress stricter than federal constitutional requirements are invalid.

Guideline 1/3/1990 - University requirement that only foreign students must maintain health insurance violates Equal Protection Clause.

Guideline 4/26/1990 - Emergency systems created prior to 1987 need not merge with county system.

Guideline 4/26/1990 - If county adopts a 911 emergency system, it is entitled to 100% of the fees.

Criminal Procedure
Guideline 5/21/1990 - Prosecutor may issue subpoenas.

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

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

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

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

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

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.

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

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

Opinion 90-1 - A legislative appropriation is required in order to credit account with interest earned in prior fiscal year.

Guideline 1/24/1990 - Bill reducing sales tax must originate in house of representatives.

Guideline 1/11/1990 - County finance measures may originate in senate.

Opinion 90-1 - Interest earnings on license revenues in fish and game account must be credited to that account.

Guideline 2/6/1990 - Interest on fish and game account must be credited to that account.

Guideline 11/28/1990 - Registered warrant procedure recommended to handle racing commission cash flow problems.

Opinion 90-8 - School district may sell refunding bonds at a premium without violating art 8, § 3.

Guideline 2/7/1990 - Statute authorizing state to loan money to private business may be unconstitutional.

Guideline 3/19/1990 - State may create a reserve account.

Opinion 90-3 - Regulation of concealed weapons is constitutional.

Opinion 90-3 - Concealed weapon statute violates due process if overly vague.

Fire Districts
Guideline 4/4/1990 - A district can contract for fire protection with an individual or public agency outside the district.

Guideline 4/4/1990 - An exempt public utility may consent to taxation to gain fire protection.

Guideline 4/4/1990 - City council must approve inclusion of city in fire district.

Guideline 4/4/1990 - Fire districts must be formed with contiguous boundaries.

Guideline 4/4/1990 - Fire protection need not be provided to tax-exempt public utilities and unimproved real property.

Guideline 9/24/1990 - INEL is owned by federal government but must comply with state environmental laws under waiver of sovereign immunity.

Guideline 3/23/1990 - Legislature may lease public lands by methods other than public auction if revenues are still. maximized

Guideline 2/22/1990 - When state receives grants from federal government, it is bound by terms of grants.

Law Enforcement
Opinion 90-4 - Director of Dept. of Law Enforcement is appointing authority of Idaho Racing Commission.

Opinion 90-5 - Director of Dept. of Law Enforcement is appointing authority of POST Academy.

Guideline 9/24/1990 - Idaho Department of Law Enforcement does not regulate activities of INEL.

Guideline 1/18/1990 - Officers under no duty to seize registration cards and license plates of vehicles operated. without insurance

Guideline 12/14/1990 - Police may release person arrested in case of mistaken identity.

Guideline 12/14/1990 - Supervisory officer may cancel citation issued by subordinate.

Guideline 12/14/1990 - Supervisory officer may not release person validly arrested.

Opinion 90-7 - Lieutenant Governor is authorized to cast tie-breaking vote in the Senate.

Guideline 6/20/1990 - Staff members of legislature not restricted from participating in political activities.

Guideline 10/9/1990 - Two distinct establishments may not operate under one liquor license.

Open Meeting Law
Guideline 11/28/1990 - Associated students of Boise State University are not subject to open meeting law.

Outfitters and Guides
Guideline 8/30/1990 - Licensing board may require safety inspection of outfitter vehicles.

Guideline 8/30/1990 - Outfitter and guide licenses may be required for bicycle touring activities.

Public Buildings
Guideline 11/14/1990 - Government agency providing food service facility in public building must give priority to Commission for Blind and other non-profit organizations representing handicapped.

Public Employees
Guideline 8/21/1990 - Public employee may not accept pecuniary benefit from interested party.

Guideline 6/20/1990 - Public employee may not be compensated from public funds for performing campaign-related tasks.

Public Records Act
Guideline 9/24/1990 - Individual poll ballots provided by Payette River advisory group are public records and must be made available to the public.

Public Works
Guideline 2/27/1990 - Failure by general contractor to name properly licensed subcontractor renders bid void.

Guideline 2/27/1990 - Impermissible to use subcontractors different from those listed on bid.

Revenue and Taxation
Guideline 3/9/1990 - Homestead property not exempt from state distraint for non-payment of property taxes.

Guideline 9/24/1990 - INEL may be exempt from property taxes.

Guideline 2/22/1990 - Payments in lieu of land taxes by Dept. of Fish and Game violate art. 7, § 4.

Guideline 7/31/1990 - Partial payment of taxes does not reduce late payment penalty.

Guideline 11/6/1990 - State trooper meal reimbursement not income.

Opinion 90-2 - Transfer fee imposed on delivery and storage of petroleum is not a tax on gasoline or fuel and does not violate art. 7, § 17 of Idaho Constitution.

State Contracts
Guideline 4/11/1990 - Previously bid state contract may be accepted without competitive bidding.

Guideline 1/24/1990 - If later statute invalid, prior statute remains in force.

Guideline 8/24/1990 - Carrier transferring registration to new fleet vehicle not subject to fee.

Workers' Compensation
Guideline 5/9/1990 - Officers injured using fitness equipment at IMSI entitled to workers' compensation.

Guideline 12/10/1990 - Out-of-state bank's credit letter not adequate security for self-insurers under workers' compensation law.

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