1997 Opinions, Guidelines and
Certificates of Review

Table of Citations

Building Safety
Guideline 7/8/1997 - State has exclusive jurisdiction to license electrical contractors and journeyman electricians, and local jurisdictions may not require additional licensure.

Commissions and Boards
Guideline 4/30/1997 - Relationship between Soil Conservation Commission and Department of Agriculture is cooperative in nature and parties must forge functioning and workable organizational structure.

Guideline 4/30/1997 - Soil Conservation Commission has power to hire staff and establish lines of authority.

Corrections
Guideline 5/15/1997 - In death penalty cases, defendant or defendant's counsel and prosecuting attorney must be given copy of presentence report; in non-death penalty cases, manner of disclosure of report's contents within control of trial court.

Guidelines 05/15/1997  - Trial court must disclose complete contents of presentence report to prosecuting attorney prior to sentencing hearing.

Domestic Violence Crime Prevention Act
Guideline 6/4/1997 - Arrest powers emanating from act do not apply to violations of orders issued in another state, although other sources of arrest power may be available in such situations.

Guideline 6/4/1997 - It is unlikely a person could be convicted for violation of act where underlying order issued by another state.

Guideline 6/4/1997 - Protection order issued by another state must be enforced in same manner as other civil orders issued by Idaho courts under full faith and credit provision of United States Code.

Education
Opinion 97-02 - Legislature may grant income tax credit to parent or legal guardian who complies with state's compulsory education law by means other than public school system.

Certificate 7/16/1997 - Initiative Regarding Teachers Freedom to Negotiate".

Elections
Certificate 7/7/1997 - Initiative Regarding State Term Limits and Lobbying Reform.

Certificate 7/7/1997 - Term Limits Pledge Initiative.

Certificate 7/8/1997 - Initiative Regarding Congressional Term Limits Pledges.

Certificate 7/9/1997 - Initiative Regarding Process Governing Initiatives.

Fish and Game
Certificate 7/22/1997 - Initiative Regarding Regulation of Black Bear Hunting.

Health and Welfare
Certificate 7/1/1997 - Radioactive Material Initiative.

Labor and Industrial Services
Certificate 7/16/1997 - Initiative Regarding Teachers Freedom to Negotiate".

Law Enforcement
Guideline 8/28/1997 - Although unclear, proper charge against person driving while license suspended pursuant to Family Law Suspension Statute appears to be driving without a license, and not driving without privileges.

Guideline 9/4/1997 - County sheriff has legal obligation to accept lawfully arrested prisoner, and prisoner's intoxication or threat to hurt self may not provided basis for refusal.

Public Funds
Guideline 1/20/1997 - Idaho law does not provide specific remedies for (1) public officials who violate prohibition on expenditure of public funds in support of or in opposition to ballot measure, and (2) liability of public officials who authorize expenditure of public funds.

Guideline 1/20/1997 - Idaho Sunshine Law does not apply to expenditures by public entities on ballot issues.

Guideline 1/20/1997 - If public funds used in ballot issue, opponents and proponents of ballot measure must have equal access to funds.

Guideline 1/20/1997 - Student activity and other mandated fees are public funds, and expenditure of such funds in support of certain political activities is not strictly prohibited.

Revenue and Taxation
Certificate 3/11/1997 - Taxation on Real Property to One Percent of Assessed Value.

Certificate 7/7/1997 - Property Tax Relief Initiative.

Tax Issues
Certificate 3/11/1997 - Taxation on Real Property to One Percent of Assessed Value.

Certificate 7/7/1997 - Property Tax Relief Initiative.

Term Limits
Guideline 1/7/1997 - Effective date of I.C. § 34-907.

Guideline 1/7/1997  - Term limits law probably would not prohibit person from being candidate for Idaho House of Representatives if person just served in Idaho Senate, and vice-versa.

Guideline 1/7/1997 - Time restrictions include time spent representing different districts, and reapportionment would not affect time restrictions.

Guideline 1/7/1997 - Write-in candidate who has served full term of office probably could not have name placed on general election ballot; in such case, term limits law would conflict with and probably prevail over I.C. § 34–906.

Water Resources
Opinion 97-01 - Lava Hot Springs Foundation has statutory authority to (1) manage use of springs and waters located on lands under its control, subject to regulation by Dept. of Water Resources; and (2) enter into agreement involving easement with private party to discharge waste water so long as agreement is consistent with Foundation's state water right.

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