1992 Opinions and Guidelines

Table of Citations

Agriculture
Guideline 2/28/1992 - Statutorily created cause of action for agriculture food product disparagement.

Cities
Guideline 11/6/1992 - Payment of witness fees from District Court funds does not violate the separation of powers doctrine.

Corporations
Guideline 6/15/1992 - Board of Director's weighted voting arrangement not precluded by Idaho's business corporation statutes.

Corrections
Opinion 92-1 - The fixed term of each sentence must be served consecutively before an incarcerated person is eligible for parole.

Counties
Guideline 4/23/1992 - Applicability of Idaho's campaign finance disclosure laws to county officials.

Guideline 11/6/1992 - Courts possess no authority to administer the county budgeting process.

Guideline 11/6/1992 - Payment of witness fees from District Court funds does not violate the separation of powers doctrine.

Guideline 12/24/1992 - Legality of County Commissioner Residency.

Education
Guideline 2/7/1992 - Statutorily created voucher or tax credit system for parents with children in private schools.

Guideline 3/18/1992 - Educational affairs of the state must be governed by a single Board of Education.

Guideline 11/20/1992 - Election date for community college trustees.

Opinion 92-4 - Formation of school-community library districts.

Opinion 92-4 - Taxing authority of school-community library districts.

Elected Officials
Guideline 5/6/1992 - Examiners, State Board of Authority to reduce appropriations made by the legislature to the executive branch of government.

Guideline 11/12/1992 - Prosecuting Attorney Election void due to ineligible winner.

Guideline 12/24/1992 - Legality of County Commissioner Residency.

Elections
Guideline 4/23/1992 - Application of Idaho's campaign finance disclosure laws to an undeclared candidate for county office.

Guideline 11/12/1992 - Process to fill vacant elective position when winner is ineligible.

Guideline 11/20/1992 - Election date for community college trustees.

Employment
Guideline 8/14/1992 - Employees may waive salary to avoid mandatory PERSI membership only if the state has the discretion to pay or not pay that employee.

Endowment Lands
Guideline 9/3/1992 - Crediting interest earned on endowment land receipts to the general account violates the Idaho Admission Bill and the Idaho Constitution.

Guideline 9/3/1992 - Authority of Department of Lands to place receipts earned from endowment accounts into interest-bearing accounts.

Guideline 9/3/1992 - Interest earned from endowment fund lands must be segregated for deposit into the general account.

Hospitals
Guideline 5/28/1992 - A hospital district may not enter into a joint business enterprise with private parties.

Law Enforcement
Guideline 4/27/1992 - Authority of local credit union to request prosecution of insufficient funds checks.

Guideline 6/17/1992 - "Indigency" determined by court at prisoner's first appearance.

Guideline 6/17/1992 - When a public defender is legally entitled to visit a newly incarcerated individual.

Guideline 11/6/1992 - Payment of witness fees and mileage to law enforcement officers.

Opinion 92-1 - The fixed term of each sentence must be served consecutively before an incarcerated person is eligible for parole.

Legislature
Guideline 2/7/1992 - Constitutional prohibitions against tax credit systems for parents whose children attend private schools.

Guideline 2/28/1992 - Constitutional limits on a statutorily created cause of action for agricultural food product disparagement.

Guideline 1/30/1992 - Constitutionality of the appropriation of money to the Department of Commerce for the administration of grants to BIDCO.

Guideline 2/28/1992 - Legal status of non-cognizable funds.

Guideline 2/28/1992 - Statutory authority of inter-departmental transfers of money.

Libraries
Opinion 92-4 - Formation of school-community library districts.

Opinion 92-4 - Taxing authority of school-community library districts.

Planning and Zoning
Opinion 92-3 - "Adequate evidence" of a public land survey corner monument.

Opinion 92-3 - Authority of the Board of Professional Engineers and Land Surveyors to institute a legal action for the replacement of damaged land survey monuments.

Opinion 92-3 - Liability for the removal, injury, or defacement of a monument set as a permanent boundary survey marker by a professional land surveyor.

Guideline 9/30/1992 - Remedies available to one-number locator services against non-cooperative underground facility owners.

Opinion 92-5 - State agency compliance with county ordinances enacted pursuant to the Local Planning Act.

Opinion 92-5 - State constitution or statute may preempt the application of county ordinance to a state agency.

Prosecuting Attorney
Opinion 92-2 - Contract to perform duties as prosecuting attorney for one county while currently the elected prosecuting attorney for another county in violation of law.

Public Employees
Guideline 4/1/1992 - "Conflict of interest" under the Ethics in Government Act defined for State Board of Education member.

Guideline 11/6/1992 - Payment of witness fees and mileage to law enforcement officers.

Guideline 8/14/1992 - Waiving salary to avoid mandatory membership in PERSI.

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