2011 Opinions, Guidelines and
Certificates of Review

Table of Citations

Animals
Certificate 5-13-2011 - Proposed Initiative to Make Torture of Animals a Felony.

County Zoning & Planning Commission
Opinion 11-1 - Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

Education
Certificate 3/23/2011 - Referendum Regarding Restricting Negotiated Agreements with Teachers (S1108).

Certificate 3/23/2011 - Referendum Regarding Performance Based Pay for Teachers (S1110).

Certificate 4/11/2011 - Referendum Regarding Reduction of School District Funding, Requiring Provision of Laptop Computers, and Requiring Online Courses for High School Graduation (SB 1184).

Environmental Law
Opinion 11-1 - Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

Planning and Zoning
Opinion 11-1 - Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

Public Employee Retirement System of Idaho (PERSI)
Guideline 2/3/2011 - Current PERSI retirees have a vested right to the 1% COLA.

Guideline 2/3/2011 - A non-retiree PERSI member has a vested right to the 1% COLA (after retirement) if he has worked for a legally significant time in reliance on the belief that he will receive the COLA. If a court were to determine, as a matter of law, that the statutory vesting period (five years) was legally significant, a member who has worked for five years could have a protected right to the 1% COLA.

Guideline 2/3/2011 - Assuming the COLA is a vested right, it is subject only to reasonable modifications for the purpose of keeping the pension flexible and maintaining its integrity.

Sales Tax
Certificate 1/25/2011 - Initiative Petition Regarding Broadening the Sales Tax Base and Lowering the Sales Tax Rate.

Certificate 12/12/2011 - Proposed Initiative to Broaden the Sales Tax Base and Lower the Sales Tax Rate.

Zoning
Opinion 11-1 - Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

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