Idaho AG Opinions — 1993

Tax Commission rules to calculate net profits of mines conflict with statute and are therefore invalid.

Death penalty automatic review statute may be amended to delete provisions mandating proportionality review.

Proposed initiative by Idaho Citizens Alliance violates constitutional equal protection guarantees, free speech rights and equal access to political process.

Individual benefiting from contract between insurance company and school district has pecuniary interest in that contract and may not serve as trustee of school district.

Standard for state intervention for medical treatment of children.

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

Tow trucks are "common carriers" and Public Utilities Commission has statutory authority to regulate unless classified under the municipal exemption.

Board of Education may not constitutionally be divided into two councils.

Impact fees assessed by Ada County Highway District may be a tax and may not meet constitutional due process requirements.

Age requirements for kindergarten and first grade.

Commission of Pardons and Parole may commute indeterminate sentence to lesser fixed term for complying with the Prisoner Transfer Treaty between United States and Mexico.

Authority of Dept. of Health and Welfare to investigate child abuse reports within school facilities.

Abortion parental notification provision in I.C. § 18-609(6) is vulnerable to constitutional challenge.