Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

C

Certification of Candidates
Certificate 2/16/2010 - Initiative Petition Regarding Certification of Candidates for President, Vice President, and Presidential Electors.

Charitable Solicitation Act
Guideline 4/12/1996 - Constitutionality of SB 1514 amending Idaho Charitable Solicitation Act.

Children’s Trust Account
Guideline 11/14/1985 - Disbursement of trust funds is in the sole discretion of the Children’s Trust Fund Board; the Department of Health and Welfare is responsible only for management and account of monies so disbursed.

Guideline 11/14/1985 - Idle funds in the Children’s Trust Fund are invested by the state treasurer and interest earned thereon is paid to the fund account.

Cities
Opinion 75-24 - City must bank within city limits.

Opinion 76-3 - Extent of Home Rule powers of Idaho cities.

Opinion 78-25 - Authorization of mayor to break tie vote of council.

Opinion 79-12 - Ballot proposition guidelines for budget limitation override.

Opinion 79-23 - Definition of qualified voters for petition to disincorporate a city.

Guideline 11/20/1979 - Conflict of interest by city council.

Guideline 11/26/1979 - City-owned property cannot be encumbered by mortgage.

Guideline 2/25/1981 - City payment to mayor, over and above salary, for bookkeeping services on city sewer project unlawful.

Guideline 2/22/1982 - State law takes precedence over local law.

Guideline 9/16/1982 - Determination of cities’ and counties’ share of fiscal 1983 liquor revenues.

Guideline 3/14/1983 - Power of city to expend public funds for purposes of advertising and promoting city.

Opinion 84-4 - Cities have right to house in county jails prisoners charged with or convicted of violations of city ordinances or state motor vehicle laws within city limits.

Opinion 84-4 - City appointment of police officers statutorily authorizes them to enforce state law within city boundaries.

Guideline 3/21/1984 - Cities liable for costs of housing prisoners arrested by city police officers on charges of driving without privileges, driving under the influence and related motor vehicle offenses.

Guideline 11/30/1984 - No city or county may unilaterally withdraw from area of city impact agreement. Such agreements may be renegotiated.

Guideline 2/11/1985 - Proposed House Bill No. 73, which permits resort city residents and city governments to act in concert to impose sales taxes, is constitutional.

Guideline 6/18/1987 - Member of county planning and zoning commission may not serve concurrently as city councilman.

Guideline 7/9/1987 - City regulation of bar closing hours.

Guideline 9/25/1987 - Successor filling vacancy or person elected for full term as city council member assumes office on first January meeting of council following appointment or election.

Guideline 10/26/1987 - City budget cannot be disapproved, altered or changed by initiative or referendum.

Guideline 10/30/1987 - City budget cannot be disapproved, altered or changed by initiative or referendum.

Guideline 3/31/1988 - City cannot require prospective tavern owner to obtain consent of adjacent residents before issuing liquor license.

Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Opinion 88-3 - Expansion of municipal water system is ordinary and necessary expense not requiring voter approval of debt.

Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Opinion 89-9 - Court cannot unilaterally impose its disaster emergency plan on an incorporated city.

Opinion 89-9 - Disaster Preparedness Act of 1975 encourages, but does not require, cities to plan for disaster emergencies.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

Guideline 4/12/1989 - City may not condemn property outside its boundaries unless there is explicit or necessarily implied statutory authority.

Guideline 5/16/1989 - Duties of sheriff in cities that have not contracted for law enforcement services as compared to cities that have so contracted.

Guideline 7/18/1989 - Members of city council may not contract with city.

Guideline 8/28/1989 - Cities may create ordinances punishable as infractions.

Guideline 8/28/1989 - State has authorized local governments to regulate traffic and to create traffic ordinances punishable as infractions.

Guideline 12/22/1989 - City has implied authority to engage in collective bargaining with employees, so long as terms agreed to do not conflict with city’s own ordinances or with state law.

Opinion 90-6 - Cities do not have authority to require state to obtain building permit.

Guideline 5/18/1990 - Cities do not have authority to require state to obtain building permit.

Guideline 9/17/1990 - City traffic ordinance conflicting with state regulation is invalid.

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.

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

Guideline 1/13/1993 - Confinement costs of persons arrested in cities on state motor vehicle law.

Guideline 1/13/1993 - Counties have duty to provide jail for persons arrested by city police officers.

Guideline 1/13/1993 - County sheriffs have duty to accept persons arrested by city police officers.

Guideline 3/9/1993 - State-owned buildings are not subject to local ordinance control.

Opinion 94-05 - Cities almost certainly have authority under state law to franchise cable television companies.

Guideline 1/12/1994 - City's failure to adopt and enforce ADA as required by I.C. § 39-4116(2) and title II of ADA may subject city to federal, state and private compliance actions.

Guideline 2/9/1994 - City councilman should not participate in consideration of conditional use permit while serving on board of directors of applicant's competitor.

Guideline 9/8/1995 - City/county consolidation cannot be added as optional form of county government in legislation absent other constitutional and statutory changes.

Guideline 4/9/1996 - Local governments have ability to adopt or not adopt building codes of their choice.

Guideline 6/21/1996 - Acquisition of new city hall through lease-purchase agreement must comply with Idaho Constitution and requires voter approval of debt unless transaction qualifies as "ordinary and necessary" expense or does not obligate city beyond current year's revenue.

Guideline 7/23/1996 - Local ordinances regulating who must be licensed to perform electrical installations are preempted by state statute.

Guideline 6/15/2005 - City of Boise may enforce city ordinances upon navigable waters of Boise River after extending its corporate boundaries over waters of the river under authority granted to municipalities in art. 12, § 2, Idaho Constitution.

Guideline 4/10/2006 - City of Plummer’s annexation authority not compromised by assumed reservation status of adjacent lands.

Clean Indoor Air Act
Guideline 2/12/1985 - Meaning of the term “public place” as used in the proposed Clean Indoor Air Act, House Bill 65.

Commissions and Boards
Opinion 75-16 - Gubernatorial appointment to fill vacancy.

Opinion 75-25 - A board’s dealing with a member of the board may constitute breach of fiduciary duty.

Opinion 78-11 - Relation of Human Rights Rules and Regulations to concept governing Human Rights Commission. Status of the Commission as a 706 deferral agency.

Opinion 81-3 - Legislative confirmation of Pacific Northwest Electric Power and Conservation Planning Council member.

Guideline 4/2/1982 - Distribution of receipts collected by Idaho Horse Racing Commission.

Guideline 9/3/1982 - Promoting industry is not a function of Horse Racing Commission.

Guideline 5/24/1985 - Proposed Commission on the Arts rule conditioning the grant of funds upon content of material presented may be unconstitutional infringement of first amendment rights.

Guideline 2/6/1986 - Rules promulgated by the Real Estate Commission concerning real estate license instruction exceed its authority.

Guideline 2/14/1986 - Requirement that Fish & Game commissioner must declare name of political party to which he belongs at time he takes oath of office is constitutional.

Guideline 7/2/1986 - Board and commission members are entitled to compensation when performing actual duties and converting per diem rates to hourly rates is proper.

Opinion 87-10 - Board of county commissioners has duty to fill vacancy in office of prosecuting attorney with election-qualified replacement.

Guideline 6/18/1987 - Member of county zoning and planning commission may not serve concurrently as city councilman.

Opinion 89-10 - Idaho Centennial Commission liability for contract or tort claims arising form local centennial events; volunteer liability.

Guideline 2/9/1989 - Budgetary and financing process for county fair boards.

Guideline 3/30/1989 - Planning and zoning commissions are not required to meet in county seat.

Guideline 4/12/1989 - All ordinances require affirmative vote of at least two members of full county-wide highway district commission.

Guideline 5/30/1989 - Nepotism statute does not prohibit staff member’s spouse from applying for and receiving funding from arts commission.

Guideline 5/30/1989 - Commission, as final decision maker, could not fund any project where spouse of commissioner would receive a benefit.

Guideline 5/30/1989 - Nepotism statute does not prohibit staff member’s spouse from applying for and receiving funding from arts commission.

Guideline 9/1/1989 - Requirement that a fire protection commissioner be free-holder resident violates art. 1, § 20, of Idaho Constitution.

Guideline 12/27/1989 - Retail optical outlets may dispense contact lenses only if presented with prescription specifically intended for contact lenses.

Guideline 2/27/1990 - County hospital board not a political subdivision.

Guideline 2/27/1990 - County hospital board cannot create long-term debt or obligate the county for indebtedness.

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.

Guideline 1/15/1993 - Idaho Code Commission holds copyright for compilation known as Idaho Code but not text of statutes or court rules.

Guideline 9/21/1994 - Emergency communications governing board does not have authority to charge cellular phone users a telephone line user fee.

Guideline 2/2/1996 - Idaho Electrical Board does not have statutory authority to regulate communication circuits.

Guideline 3/20/1996 - Commission on the Arts' adoption of the Hay Plan for employees' salaries is in compliance with Idaho Code and Commission's administrative rules.

Guideline 2/12/1996 - Executive director of Commission of Pardons and Parole may not vote on matters brought before commission.

Guideline 5/24/1996 - Pea and Lentil Commission has authority to reasonably determine qualifications of commission members.

Guideline 6/10/1996 - Securities lending transactions are not speculative investments if custodian bank unconditionally promises to transfer full value of "loaned" securities to Endowment Fund Investment Board.

Guideline 9/12/1996 - Certified Shorthand Reporters Board may conduct informal disposition procedures prior to investigation and determination of reasonable cause for discipline of licensees without involvement of attorney general, but attorney general's involvement in any formal investigations or proceedings is required by statute.

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.

Opinion 01-4 - 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 01-4 - 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 01-4 - Proceeds from sale of endowment property may be used to pay for reasonable and necessary costs incidental to sale or acquisition of property prior to deposit into land bank fund.

Constitution
Guideline 1/3/1990 - University requirement that only foreign students must maintain health insurance violates Equal Protection Clause.

Guideline 1/9/1990 - Landowner restrictions on right to petition violate Equal Protection Clause.

Guideline 2/2/1990 - State candidacy requirements for Congress stricter than federal constitutional requirements are invalid.

Guideline 3/14/1990 - Federal constitution contains no provision to halt constitutional convention, one two-thirds of states call for convention.

Guideline 3/14/1990 - It is not clear whether constitutional convention can be limited to one amendment.

Corporations
Opinion 77-23 - Professional corporations may not engage in activities unrelated to professional services; may own realty or invest funds.

Opinion 77-46 - Fees for Financing Statements under U.C.C.

Opinion 77-53 - Mutual Savings Bank, as for-profit corporation, has no authorized stock and is charged minimum corporation fee.

Opinion 77-62 - Names of members of professional service corporation must appear in corporation name. Assumed business name properly filed in county may be used by corporation.

Opinion 78-29 - Architects and engineers cannot incorporate to provide professional services of both professions.

Opinion 78-33 - Corporation can create common stock with restricted voting privileges.

Guideline 9/27/1989 - Secretary of State should allow organization of naturopaths to be reinstated as Idaho corporation.

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

Guideline 8/11/1993 - Federally chartered corporations do not need certificate of authority to transact business in Idaho Corrections.

Correctional Industries
Opinion 01-1 - Correctional Industries products may not be sold to retail or wholesale establishments that (1) are not in business of selling such products or (2) do not intend to sell Correctional Industries products.

Corrections
Opinion 78-2 - Bid process in awarding contract to Board of Correction.

Opinion 78-17 - Probation conditional upon performance of non-compensated public service. Coverage/liability of probationer.

Opinion 79-9 - Court’s power limited to imposing either maximum or fixed term sentence, not hybrid of both.

Opinion 79-18 - Dispensing of prescribed medications to inmates by correctional officers.

Opinion 80-15 - Definition of word “facility.” State Board of Correction cannot contract with non-governmental facilities to domicile prisoners.

Opinion 80-26 - Relief from sentence may be granted a defendant either during or after completion of probation.

Opinion 80-29 - Idaho courts have no authority to hold preliminary hearings on allegations of parole violations under the Uniform Act for Out-of-State Parole Supervision.

Guideline 7/8/1980 - Appeal of capital cases stays execution, not confinement requirements.

Opinion 81-9 - Deadly force may be used to suppress a riot if reasonable and necessary.

Opinion 82-2 - Transfer of Prison Industry Betterment Fund to exclusive control of Correctional Industries Commission constitutionally prohibited.

Opinion 82-9 - Fixed life sentences not subject to eligibility for parole. Time of parole eligibility for persons sentenced to life imprisonment between July 1, 1971, and July 1, 1980.

Opinion 83-4 - Transfer of Prison Industry Betterment Fund to exclusive control of Correctional Industries Commission constitutionally prohibited.

Opinion 83-11 - Expense of transporting inmates from prison to county where inmate’s attendance in court is required.

Opinion 83-13 - Grant of parole to inmate requires affirmative vote of majority of Commission of Pardons and Parole.

Guideline 7/6/1983 - Time of parole eligibility for persons sentenced to life imprisonment between July 1, 1971, and July 1, 1980.

Opinion 84-8 - Commission of Pardons and Parole has broad constitutional power to commute and to pardon. Power to grant parole is created by statute.

Guideline 5/25/1984 - Law requiring payment of costs of probation or parole supervision not to be applied retroactively.

Opinion 85-9 - Meetings of Commission of Pardons and Parole are subject to Open Meeting Law.

Guideline 10/21/1985 - Correctional Industries may sell inmate made goods to governmental and non-profit institutions wherever located, and to retail and wholesale establishments within the state.

Guideline 1/22/1986 - The use of EMIT-d.a.u. assays by Department of Correction for drug screening constitutes a laboratory and is therefore subject to regulation by Department of Health and Welfare.

Opinion 87-5 - Board of Correction has power to furlough prisoners; Commission of Pardons and Parole has sole power to release prisoners on parole, and to pardon or commute sentences.

Opinion 87-7 - Testing, treatment and quarantine of state prisoners for AIDS.

Opinion 87-9 - For sentences imposed for crimes committed prior to February 1, 1987, Commission of Pardons and Parole may parole inmate from indeterminate sentence to consecutive sentence(s) remaining to be served.

Opinion 89-6 - Department of Correction should maintain confidentiality of AIDS-related information except where disclosure is required for medical, safety or institutional security reasons.

Opinion 89-6 - Duty of Department of Correction to inmates and staff exposed to inmates who are HIV positive or who have ARC or AIDS is to take reasonable measures for safety.

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.

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

Opinion 93-12 - Death penalty automatic review statute may be amended to delete provisions mandating proportionality review.

Guideline 8/17/1993 - Stay of execution of sentence will be granted if defendant complies with I.C. § 19-3941.

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.

Counties
Opinion 75-2 - County commissioners to pay court filing fee.

Opinion 75-18 - County required to have zoning commission.

Opinion 75-67 - County must collect school district levy.

Opinion 76-3 - Powers granted to cities and counties.

Opinion 76-8 - Board of County Commissioners may hire ministerial and clerical employees paid from board budget.

Opinion 76-13 - Legality of using county equipment for private work.

Opinion 76-25 - Legality of providing and funding temporary housing sites for disaster emergency.

Opinion 76-42 - Responsibility of prosecuting attorney to provide legal services for county and county boards. Right to hire outside counsel.

Opinion 76-58 - Formation of library districts.

Opinion 77-4 - Validity of inducements to obtain medical doctors.

Opinion 77-50 - Duties of County Boards of Equalization.

Opinion 77-68 - “In lieu” federal funds may be transferred to other governmental districts within county.

Opinion 79-10 - Use of county equipment by private persons or firms.

Opinion 79-13 - Indebtedness or liability incurred by “hold harmless” clause.

Opinion 79-20 - Indebtedness or liability incurred by long-term lease or lease-purchase agreement.

Guideline 3/5/1979 - Discussion of County Assistance Act relative to criminal liability for not disclosing resources. Constitutionality of liens on property.

Guideline 5/21/1979 - Duty of county recorder to ensure valid acknowledgements.

Guideline 8/15/1979 - County construction of sewers in non-incorporated areas.

Guideline 9/27/1979 - County Extension Agent cannot contract for sale of real property with county commissioners.

Guideline 12/12/1979 - Ramification of county personnel ordinance attempting to create county-wide “civil service” or “merit” systems.

Opinion 80-5 - Authority of county commissioners to change boundaries and to create new highway district.

Opinion 80-16 - Emergency fiscal powers available to local governments.

Guideline 2/6/1980 - Authority of county commissioners to lease or sell county hospital.

Guideline 2/22/1982 - Local law cannot override or change state law.

Opinion 84-4 - Counties must pay costs of enforcing state statutes, including cost of extraditing and housing prisoners charged with violations of state law by any enforcement official of county or of any city within county.

Guideline 3/27/1984 - Extension, alteration or repair of existing structure as ordinary and necessary expense not subject to indebtedness limitations of Idaho Constitution.

Guideline 11/30/1984 - No city or county may unilaterally withdraw from area of city impact agreement. Such agreements may be renegotiated.

Guideline 2/4/1985 - County administered programs affect only unincorporated areas of the county and thus have no effect within municipalities. (To Rep. Hooper).

Guideline 4/26/1985 - Proposed Watercraft Licensing Ordinance would not be in conflict with state law so long as it is reasonably related to the protection of the public health, safety and general welfare or amounts to a rental of county property.

Opinion 86-10 - County commissioners may set salaries for then county officers, their deputies and assistants and may create a personnel system to set pay scales, regulate working hours and perform similar functions.

Opinion 86-10 - Under art. 18, § 6, Idaho Constitution, county commissioners may not create new offices or directly control work activities or judge the job performance of other officers or their deputies and assistants.

Guideline 6/6/1986 - Scope of building and construction activities that county and public officers and employees may engage in.

Guideline 9/16/1986 - Allowed use of unused budget funds prior to end of fiscal year.

Guideline 9/22/1986 - Counties must have joint powers agreement before they can implement district-wide public defender system.

Opinion 87-7 - Counties not required to pay medical expenses incurred through testing and treatment of state prisoners for AIDS.

Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

Guideline 4/20/1988 - County cannot make delinquency entry against property while bankruptcy proceeding is pending.  County loses its tax lien on property sold free of liens in bankruptcy proceeding.

Guideline 11/2/1988 - Sheriff may not keep drug forfeiture funds in separate account; such funds are public moneys and must be treated and accounted for as such.

Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Opinion 89-1 - Idaho counties have authority to sign agreement with counties of Utah and Wyoming to develop joint water projects on the Bear River.

Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Opinion 89-9 - County cannot unilaterally impose its disaster emergency plan on an incorporated city.

Opinion 89-9 - Powers and duties of county commissioners to citizens of incorporated municipality in disaster emergency are defined in intergovernmental disaster emergency plan, if any, agreed to by city.

Guideline 9/11/1989 - Purchase and renovation of building for use as road and bridge facility is “ordinary and necessary” expense within meaning of art. 8, § 3, Idaho Constitution.

Guideline 4/26/1990 - Emergency systems created prior to 1987 need not merge with county system.

Guideline 4/26/1990 - If county adopts a 911 emergency system, it is entitled to 100% of the fees.

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.

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.

Opinion 93-8 - County commissioners do not have authority to hire civil counsel outside of county prosecutor's office except as constitutionally necessary.

Opinion 93-8 - County prosecutor has duty to try civil matters where county is party and to give board of commissioners legal advice.

Guideline 1/13/1993 - Counties have duty to provide jail for persons arrested by city police officers.

Guideline 1/13/1993 - County sheriffs have duty to accept and transport persons arrested by city police officers.

Guideline 3/9/1993 - State-owned buildings are not subject to local ordinance control.

Opinion 94-05 - Counties probably have authority under state law to franchise cable television companies.

Guideline 9/29/1994 - County sheriff's budget is not responsible for liabilities incurred beyond amount allocated by county commissioners in juvenile detention budget.

Guideline 9/8/1995 - City/county consolidation cannot be added as optional form of county government in legislation absent other constitutional and statutory changes.

Guideline 9/19/1995 - Counties may use "home rule" or charter form of government within limitations of art. 12, sec. 2, Idaho Constitution.

Guideline 10/3/1995 - I.C. § 67-6504(a), which establishes term limits for county planning and zoning commissioners, applies only prospectively and is not retroactive.

Guideline 10/23/1995 - Legislature may limit number of optional forms of county government appearing on ballot and may allow counties to consolidate offices.

Guideline 4/9/1996 - Local governments have ability to adopt or not adopt building codes of their choice.

Guideline 7/23/1996 - Local ordinances regulating who must be licensed to perform electrical installations are preempted by state statute.

Opinion 08-1 - Legislature has authorized both counties and state to regulate confined animal feeding operations (CAFOs) with overlapping authority; although counties have authority to regulate siting of dairy and beef cattle CAFOs, county ordinances that seek to impose operational constraints on ongoing operation of CAFO after it is sited are likely preempted by state law.

Guideline 1/7/2008 - County commissioners may not establish herd district absent receipt of petition from majority of owners of taxable real property within boundaries of proposed district.

Guideline 1/7/2008 - County probably cannot “assign liability” via passage of ordinance but may enact ordinance regulating movement of livestock within county, and that ordinance’s existence may lead to application of negligence per se doctrine in a negligence action.

Guideline 1/7/2008 - If outer boundary of herd district is already fenced, district need not place additional fences in already-fenced areas.

County Fair Boards
Guideline 2/9/1989 - Budgetary and financing process for county fair boards.

County Zoning & Planning Commission
Guideline 6/18/1987 - Member of county zoning and planning commission may not serve concurrently as city councilman.

Guideline 3/30/1989 - Planning and zoning commissions are not required to meet in county seat.

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.

Criminal Procedure
Guideline 3/23/1989 - Proposed amendment to appellate rule, providing that supreme court may grant stay to any party who has failed to get one from the district court, would contradict Idaho Code § 19-2715 which absolutely forbids stays after final decision in death penalty cases.

Guideline 5/21/1990 - Prosecutor may issue subpoenas.

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