2002 Opinions, Guidelines and
Certificates of Review

Table of Citations

Education
Guideline 1/7/2002 - Court likely to uphold district policy authorizing or mandating moment of silence at beginning of school day if properly drafted and adopted for appropriate purpose.

Guideline 1/17/2002 - Universities and colleges are not prohibited from charging differential matriculation fees under art. 9, sec. 10, Idaho Const., provided that fees collected are used only for maintenance and operation of physical plant, institutional support or student services.

Guideline 1/17/2002 - Program to charge differential matriculation fees may not survive rational basis review under equal protection analysis if program is method to allow institution to be reimbursed for increased costs of instruction; if program has legitimate purpose such as accounting for increased cost for items that may be reimbursed by matriculation fees, it is likely to pass rational basis review.

Elections
Certificate 2/28/2002 - Initiative Concerning State Term Limits.

Guideline 4/30/2002 - Court likely to hold member of commission for reapportionment not precluded from running for lieutenant governor.

Guideline 4/30/2002 - Secretary of state has authority to determine qualifications of candidates.

Fish and Game
Certificate 2/21/2002 - Initiative to Amend Title 36-102 That Governs the Idaho Fish and Game Commission.

Insurance
Opinion 02-2 - Court would likely find I.C. 41-2819, which requires insurance holding companies to obtain solicitation permit from director of Dept. of Insurance prior to soliciting Idaho investors for exempt private offering of federally covered securities pursuant to Rule 506 of Regulation D promulgated under Securities Act of 1933, to be preempted by National Securities Markets Improvement Act of 1996.

Judicial
Certificate 2/11/2002 - Initiative Regarding Judicial Accountability Initiative Law.

Land Board
Opinion 02-1 - Land Board may deposit into land bank fund proceeds from sale of lands belonging to the following endowments: penitentiary, public school, university, scientific school, agricultural college, normal school, mental hospital, and charitable institutions; but not from capitol permanent endowment.

Opinion 02-1 - Land Board retains discretion in deciding whether to deposit proceeds from sale of parcels of endowment lands into land bank fund; if not placed in land bank fund, must be placed in appropriate permanent endowment fund.

Opinion 02-1 - Proceeds deposited into land bank fund may be used to pay reasonable and necessary costs incidental to acquisition or purchase of new endowment property, and Department of Lands precluded from deducting any costs from purchase moneys received in exchange for endowment lands.

Legislature
Certificate 2/28/2002 - Initiative Concerning State Term Limits.

Public Employees
Guideline 12/30/2002 - Existing public employment is not jeopardized by sub-sequent election of employee's relative to public office, and employee is frozen in current job assignment but may be eligible for non-meritorious pay increases.

Tax Issues
Guideline 7/31/2002 - Rule allowing accountants or other non-attorneys to argue points of law, prepare legal briefs, or call and examine witnesses before Board of Tax Appeals would likely be struck down by court.

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