Idaho AG Opinions — 1991

Durational residency requirements for access to medical care for veterans are unconstitutional.

An initiative, however badly drafted or facially unconstitutional, may be placed on ballot for consideration by voters.

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.

Water District 1 (Committee of Nine) is instrumentality of state charged with assisting Department of Water Resources' duty to provide for distribution of public waters.

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.

Changes to state water plan are not changes under art. 15, sec. 7 of the Idaho Constitution.

Idaho Constitution imposes requirements on creation of legislative districts.

State Land Board may look to county land use restriction ordinances for advice and recommendation in determining future use and administration of lands within county but need not abide by those county ordinances.

H.B. 94, limiting production exemption for sales and use taxes, may not withstand separation of powers challenge.

State's compelling interest in protecting potential human life from fetal drug abuse will override woman's interest in personal privacy and permit some degree of state intervention.