1991 Opinions and Guidelines

Table of Citations

Cities
Opinion 91-6 - City of Sun Valley may require vendor of ski lift tickets and retailer of building materials to collect local option sales tax at time of sale to remit same to city.

Guideline 4/5/1991 - Sheriff is responsible for guarding prisoner and paying costs of medical care of injured or sick prisoner.

Guideline 4/5/1991 - Fines and forfeitures for violations of city ordinances, which would otherwise be misdemeanors under state criminal code, must be apportioned to city.

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

Guideline 5/20/1991 - City police officer called upon to assist county prosecutor outside city limits need not be deputized by sheriff.

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

Guideline 10/29/1991 - City council may delegate authority to approve and award contracts where legislature has not provided otherwise.

Commissions and Boards
Guideline 1/17/1991 - Horse Racing Commission must be self-supporting Guideline 2/5/1991 - Idaho Code Commission holds copyright for Idaho Code and has duty to maximize benefits to state.

Guideline 8/2/1991 - Idaho Human Rights Act prohibits cities from discrimination based upon race, sex, color, national origin or religion in employment and benefits.

Corrections
Opinion 91-8 - Commission for Pardons and Parole may schedule initial parole haring prior to expiration of inmate's determinate sentence so inmate may be paroled on date he becomes eligible for parole.

Guideline 7/15/1991 - Person who pleads guilty and is granted withheld judgment and placed on probation is "de facto felon" under Idaho law.

Counties
Guideline 4/5/1991 - Sheriff is responsible for guarding prisoner and paying costs of medical care of injured or sick prisoner.

Guideline 5/20/1991 - City police officer called upon to assist county prosecutor outside city limits need not be deputized by sheriff.

Guideline 5/20/1991 - County prosecutor has authority to request assistance in performing investigations without approval of county sheriff.

Guideline 5/30/1991 - County commissioner cannot accept a county contract to represent indigent criminal defendants.

Guideline 5/30/1991 - County commissioners may not have interest in any contract made by commission in official capacity, or by any board of which they are members.

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

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

Elected Officials
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.

Elections
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.

Environmental Law
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.

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.

Fetal Health
Opinion 91-1 - State's compelling interest in protecting potential human life from fetal drug abuse will override woman's interest in personal privacy and permit some degree of state intervention.

Human Rights
Guideline 8/2/1991 - Idaho Human Rights Act prohibits cities from discrimination based upon race, sex, color, national origin or religion in employment and benefits.

Industrial Commission
Guideline 1/30/1991 - Except to extent that database contains records of hospital care, medical records, records of psychiatric care, or counseling records, Industrial Commission does not have legal basis to refuse to furnish copy of workers’ compensation claim database pursuant to request made under Public Records Law, and release of such information does not create potential for civil liability under 42 U.S.C. § 1983.

Judicial
Guideline 4/5/1991 - Fines and forfeitures for violations of city ordinances, which would otherwise be misdemeanors under state criminal code, must be apportioned to city.

Law Enforcement
Guideline 4/5/1991 - Sheriff is responsible for guarding prisoner and paying costs of medical care of injured or sick prisoner.

Guideline 5/20/1991 - City police officer called upon to assist county prosecutor outside city limits need not be deputized by sheriff.

Guideline 5/20/1991 - County prosecutor has authority to request assistance in performing investigations without approval of county sheriff.

Guideline 7/15/1991 - Person who pleads guilty and is granted withheld judgment and placed on probation is "de facto felon" under Idaho law.

Guideline 8/7/1991 - Statutory prohibitions excluding resident alien from obtaining license to sell liquor by the drink or beer at retail are unconstitutional.

Guideline 10/16/1991 - Statute suspending driving privileges for minors guilty of alcohol offenses unrelated to operation of motor vehicle is not clearly unconstitutional.

Legislature
Guideline 2/5/1991 - Annual appropriation to underground storage tank program would have the effect of suspending operation of continuous appropriation during period of annual appropriation.

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

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

Guideline 5/22/1991 - Effective date of Idaho Code § 39-6504(1) regarding waste tire disposal is January 1, 1993.

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

Guideline 11/4/1991 - Legislature has constitutional duty to balance appropriations with projected revenues adopted by concurrent resolution.

Liquor
Guideline 8/7/1991 - Statutory prohibitions excluding resident alien from obtaining license to sell liquor by the drink or beer at retail are unconstitutional.

Motor Vehicles
Guideline 6/5/1991 - Misdemeanor offense of driving with a light out applies only to motor carriers and is not in conflict with infraction of driving with a light out which applies to standard traffic.

Guideline 10/16/1991 - Statute suspending driving privileges for minors guilty of alcohol offenses unrelated to operation of motor vehicle is not clearly unconstitutional.

Pardons and Parole
Opinion 91-8 - Public employee may not accept pecuniary benefit from interested party.

Public Lands
Opinion 91-3 - State Land Board may look to county land use restriction ordinances for advice and recommendation in determining future use and administration of lands within county but need not abide by those county ordinances.

Public Records Law
Guideline 1/30/1991 - Except to extent that database contains records of hospital care, medical records, records of psychiatric care, or counseling records, Industrial Commission does not have legal basis to refuse to furnish copy of workers’ compensation claim database pursuant to request made under Public Records Law, and release of such information does not create potential for civil liability under 42 U.S.C. § 1983.

Revenue and Taxation
Opinion 91-2 - H.B. 94, limiting production exemption for sales and use taxes, may not withstand separation of powers challenge.

Opinion 91-2 - H.B. 92, affecting computation of income taxes paid by nonresidents, may not withstand separation of powers challenge.

Opinion 91-6 - City of Sun Valley may require vendor of ski lift tickets and retailer of building materials to collect local option sales tax at time of sale to remit same to city.

Opinion 91-9 - An initiative, however badly drafted or facially unconstitutional, may be placed on ballot for consideration by voters.

Opinion 91-9 - One Percent Initiative requirement of super-majority of two-thirds of qualified electors in any given district considering "special tax" is unenforceable as there is no means of determining number of qualified electors in a given district.

Guideline 9/24/1991 - One percent initiative has no impact on homeowner's exemption or on exemption for speculative value of agricultural land.

Transportation
Guideline 3/5/1991 - Idaho's weight limitation statutes and grandfather rights for vehicle weight limitations under 23 U.S.C. 127 include reasonable and adequate weight tolerances for special commodity haulers operating on interstate system.

Veterans
Opinion 91-10 - Durational residency requirements for access to medical care for veterans are unconstitutional.

Water Resources
Opinion 91-5 - Changes to state water plan are not changes under art. 15, sec. 7 of the Idaho Constitution.

Opinion 91-5 - Legislature is free to enact specific law approving, amending or rejecting Comprehensive State Plan: Payette River Reaches.

Opinion 91-7 - Water District 1 (Committee of Nine) is instrumentality of state charged with assisting Department of Water Resources' duty to provide for distribution of public waters.

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