Idaho Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Idaho, with full citations and the original source on every page.
What problems did the Idaho AG flag with the proposed Idaho Medical Cannabis Act ballot initiative?
Many. The Certificate of Review identified single-subject-rule problems with stuffing wholesale schedule reclassification of all marijuana into a 'medical cannabis' initiative, vagueness in 'related a…
What problems did the Idaho AG flag with the revised grocery sales tax exemption ballot initiative?
Two main concerns. The Certificate of Review found the revised initiative (1) likely violates the single-subject rule of Idaho Const. art. III § 16 and Idaho Code § 34-1802A by including a wholesale r…
What problems did the Idaho AG flag with the proposed grocery sales tax exemption ballot initiative?
Two main concerns. The Certificate of Review found the initiative (1) failed to define 'food sold for human consumption,' which matters because Idaho courts strictly construe tax exemptions against th…
What problems did the Idaho AG flag with the re-submitted reproductive-freedom-until-fetal-viability ballot initiative?
Similar concerns to the September 2024 version, plus a new one. The Certificate of Review found (1) the new 'right to privacy in making personal decisions' subsection is vague and could conflict with …
What problems did the Idaho AG flag with the proposed Idaho marijuana decriminalization ballot initiative?
Eight, broadly: the title used 'cannabis' but the body used 'marijuana'; 'home cultivation' appeared in the title but not the body; 'limited personal production' implied a quantity cap that the body n…
What problems did the Idaho AG flag with the proposed 'Right to Abortion Under Certain Circumstances' ballot initiative?
Five. The Certificate of Review found that the initiative (1) was silent on how it interacts with existing Idaho abortion law, (2) tried to bind future legislatures by ordinary statute (Planned Parent…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-24-weeks ballot initiative?
Four. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-20-weeks ballot initiative?
Four. The Certificate of Review found the initiative (1) talked about 'privacy' without actually defining or restricting decisions about privacy, (2) tried to bind future legislatures by ordinary stat…
What problems did the Idaho AG flag with the proposed reproductive-freedom-until-fetal-viability ballot initiative?
Five. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…
Does the University of Idaho Board of Regents have the constitutional power to acquire and operate a private university like the University of Phoenix through a separate non-profit corporation?
No. The Board's constitutional charter is limited to governing the University of Idaho itself. Setting up a separate non-profit (Four Three Education, Inc.) to acquire and run the University of Phoeni…
Can a professor at the University of Idaho or another Idaho public college discuss abortion in class or write academic articles supporting abortion rights, or does the No Public Funds for Abortion Act prohibit it?
They can. The Act bars use of public funds to actually provide, perform, refer for, or counsel a specific person to obtain an abortion. It does not bar academic teaching, classroom discussion, or scho…
Can a political party hold its presidential caucus in a public school building, city hall, or other public facility in Idaho?
Yes, but only when the facility is otherwise open to the public and only if every political party gets equal and fair access. A school during school hours would not qualify; a school cafeteria rented …
Can an Idaho school district run a second plant facilities levy on the ballot before its current 10-year levy expires?
No. Idaho Code § 33-804 lets a district either amend its existing plant facilities levy or wait until that levy expires. There is no third path. A levy passed concurrently with an existing one is unau…
What problems did the Idaho AG flag with the proposed open primary and ranked choice voting initiative?
Many. The Cert flagged: a single-subject rule violation (open primary plus ranked choice voting are two distinct subjects under § 34-1801A); attempted self-titling that the AG must do; multiple intern…
Can the Idaho Attorney General prosecute someone for performing a criminal abortion under § 18-622, or does only the county prosecutor have that power?
Only the county prosecutor. The AG can step in only if the county prosecutor specifically asks and a district court appoints the AG under § 31-2603. The Legislature has not given the AG independent au…
What problems did the Idaho AG flag with the proposed Idaho Medical Marijuana Act ballot initiative in 2022?
Mostly drafting-mechanical issues plus the federal-law overlay. The Cert flagged vague provisions in §§ 39-9712(2) and 39-9721(9), a fatal chapter-numbering conflict (chapters 97-99 already used by ot…
If I bought a house in Idaho in July, do I get the full homestead property-tax exemption for that year, or only a prorated half?
Based on this opinion, a homeowner can apply for the homestead exemption at any time during the year and receive the full exemption, there is no statutory basis for prorating it. Verify current law an…
What did the Idaho Attorney General say about the 2021 ballot initiative to legalize possession of small amounts of marijuana for adults in Idaho?
The AG's Certificate of Review concluded the initiative was substantively lawful as a matter of state law. The federal Controlled Substances Act does not preempt state legalization because the CSA's s…
What did the Idaho Attorney General say about the 2021 ballot initiative that would have raised Idaho's minimum wage to $14 per hour?
The AG's Certificate of Review concluded the initiative wasn't preempted by federal law (the FLSA's savings clause lets states set higher minimum wages) and that letting cities and counties set their …
What did the Idaho Attorney General say about the 2021 'Quality Education Act' ballot initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
The AG's Certificate of Review concluded the initiative was legally permissible. It would replace 2021's tax cuts (Idaho Code section 63-3024) with a higher individual rate on income above $250,000 an…
What did the Idaho Attorney General say about the 2021 referendum that would have let voters reject Senate Bill 1110, the legislation that made it harder to qualify ballot initiatives by requiring signatures from every legislative district?
The AG's Certificate of Review confirmed that S.B. 1110 (which raised the geographic signature requirement to all 35 legislative districts) was a proper subject of referendum, and noted that S.B. 1110…
Did the Idaho AG identify any legal problems with a proposed ballot initiative that would have repealed the new geographic-distribution signature requirement (SB 1110) for Idaho ballot initiatives?
No fatal problems. The AG concluded that (1) the proposed initiative could itself address ballot-access rules because that's a legislative subject, (2) the 6% statewide signature requirement without g…
Did the Idaho AG identify any legal problems in the proposed Idaho Medical Marijuana Act initiative that would have legalized medical cannabis under state law through new Chapter 97 of Title 39?
The AG flagged two vagueness concerns ('an amount that would cause the cardholder to possess more than the allowable amount' and 'unrelated to the medical use of marijuana' for forfeiture purposes) an…
Can an Idaho state agency agree to indemnify the federal government in a permit, name the United States as an additional insured under Idaho's self-insurance program, or otherwise commit Idaho funds to private-insurance-style coverage limits?
No to all three. The AG concluded a state agency cannot agree to a contractual indemnity unless the legislature has both authorized it and appropriated funds for it; the Idaho retained risk program is…
Did the Idaho AG identify legal problems with the July 2019 medical marijuana initiative (proposed Chapter 96 of title 39, Idaho Code)?
Yes. AG Wasden flagged that the proposed chapter number (96) was already taken by a 2019 'Maternal Mortality Review' chapter, identified several drafting and vagueness issues (including a 'must not be…
Did the Idaho AG flag legal problems with the April 8, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, raised tipped wages to $8.10, struck the youth subminimum, and authorized counties and cities to set higher local minimums?
No, with several drafting comments. AG Wasden's review concluded all four substantive components, including the home-rule grant authorizing counties and cities to enact higher minimum wages, were prop…
Did the Idaho AG flag legal problems with the April 2019 medical marijuana plus hemp legalization initiative (proposed Chapter 92 of title 39, Idaho Code)?
Yes, in three big areas. AG Wasden warned that bundling a medical marijuana program with hemp legalization likely violated Idaho's single-subject rule under art. XX, § 2 and would be subject to challe…
Did the Idaho AG flag legal problems with the April 12, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, authorized counties and cities to set higher local minimums, and struck the youth subminimum (without changing the tipped employees' rate)?
No. AG Wasden's review concluded all three substantive components were proper subjects of state legislation. The FLSA's savings clause permits state minimums above the federal floor; the Idaho Constit…
Did the Idaho AG flag legal problems with the April 11, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, raised tipped wages to $8.10, and added CPI indexing?
No, with two minor drafting comments. AG Wasden's review concluded the substantive provisions were within the legislative power of Idaho. The FLSA's savings clause at 29 U.S.C. § 218(a) explicitly per…
Did the Idaho AG flag legal problems with the Reclaim Idaho 'Quality Education Act' initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
Yes. AG Wasden's Certificate of Review identified a single-subject-rule risk (combining a tax-rate increase with a new education fund), drafting deviations from existing tax-bracket structure (a missi…
Did the Idaho AG's Certificate of Review flag legal problems with a 2019 citizen initiative that would have rewritten Idaho's initiative-and-referendum statute?
Yes, on several points. AG Wasden's Certificate of Review identified drafting ambiguities (effective-date conflict between proposed §§ 34-1801A and 34-1813, typos in signature timeline), flagged that …
After Trinity Lutheran (2017), can Idaho still categorically exclude religiously affiliated schools and universities from generally available state programs like work-study and tax-free bonds under Idaho's Blaine Amendment?
Probably not for status-based exclusions where the program is publicly available and the institution is not putting the benefit to a religious use. AG Wasden concluded Trinity Lutheran limits Idaho's …
Did the Idaho AG flag legal problems with the 2018 historical horse racing initiative (Proposition 1)?
Yes. AG Wasden's Certificate of Review warned that wagering on 'historical horse race terminals' (also called 'instant racing') may not qualify as pari-mutuel betting under the Idaho Constitution, cit…
Did the Idaho AG flag legal problems with the 2017 Reclaim Idaho Medicaid expansion initiative that became Proposition 2 in 2018?
Mostly no. AG Wasden's Certificate of Review flagged minor drafting issues (improper underlining in Section 2, an inappropriate emergency clause, an enactment-clause that should reference 'voters' ins…
Which Idaho Department of Correction employees qualify for Rule of 80 retirement under PERSI, and what happens to accrued benefits if a position is reclassified out of police officer member status?
AG Wasden concluded in 2017 that only wardens and POST-certified correctional officers (those accountable for the custody, supervision, and safety of inmates inside a confinement facility) qualify for…
What did the Idaho Attorney General's 2016 statutory review of the proposed initiative to outlaw all abortions in Idaho as murder say about the measure's legality under then-controlling federal constitutional precedent?
AG Wasden's 2016 Certificate of Review concluded the proposed initiative would be unenforceable and indefensible if voters approved it. Under then-controlling Roe v. Wade and Planned Parenthood v. Cas…
What did the Idaho Attorney General's 2016 review of the proposed Idaho Medical Marijuana Act flag as legal problems before the petition could be circulated, even though the AG took no position on the policy?
AG Wasden's 2016 Certificate of Review identified numerous drafting and substantive problems: the proposed chapter would be enacted under an Idaho Code citation already in use; some defined terms were…
What constitutional concerns did the Idaho Attorney General flag for an initiative that would have lowered Idaho campaign-contribution caps, banned contributions from state contractors, criminalized lobbyist gifts above $50, and imposed a one-year post-employment lobbying ban on former public officials?
AG Wasden's 2016 review concluded the initiative's lower contribution limits ($500 for legislative, $2,000 for statewide) sat in a 'gray zone' of First Amendment law but were probably constitutional, …
After North Carolina Dental Examiners v. FTC (2015), how must Idaho actively supervise its occupational licensing boards to keep them shielded from federal antitrust liability under the State Action Doctrine?
AG Wasden concluded that the actions of any Idaho board or commission controlled by 'market participants' (people who are licensed by, or in a profession regulated by, the board) must be supervised by…
Are the lands occupied by Idaho's old state penitentiary 'public lands' subject to the constitutional rules requiring the State Board of Land Commissioners to sell or lease them at public auction for the maximum long-term financial return?
AG Wasden concluded in 2015 that the old penitentiary site was not 'public lands' under article IX, sections 7 and 8 of the Idaho Constitution. The land was granted to Idaho unconditionally by Section…
What did the Idaho Attorney General's October 2015 Certificate of Review identify as remaining problems with a revised proposed initiative to broaden Idaho's sales tax base by taxing services?
AG Wasden's October 30, 2015 review reaffirmed and incorporated by reference the office's earlier June 10, 2015 review of an essentially identical initiative by the same petitioners. The revised versi…
What constitutional and drafting concerns did the Idaho Attorney General flag in 2015 about the proposed 'College, Not Cancer Act' that would have raised cigarette and tobacco taxes to fund lower public-university tuition and tobacco-cessation programs?
AG Wasden's 2015 review concluded the initiative had a serious art. III, § 18 problem because it sought to change cigarette and tobacco tax rates by reference rather than setting forth the amended sec…
Can Idaho restrict contributions to a candidate's campaign so that only people who live in the candidate's district (or in Idaho for statewide office) can give money, and prohibit corporate contributions to candidates?
AG Wasden's 2015 Certificate of Review concluded the proposed initiative was unconstitutional under the First Amendment. After Citizens United and McCutcheon, restricting contributions based on the do…
What problems did the Idaho Attorney General flag in June 2015 about the League of Women Voters' proposed initiative to lower Idaho's sales tax rate from 6% to 5% while broadening the base to include taxes on services and real-property contracts?
AG Wasden's 2015 review identified a long list of legal and drafting problems: a possible single-subject violation under art. III, § 16 because the initiative reached into personal property tax statut…
What did Idaho's AG say about the 2015 referendum petition challenging the new transportation funding law (House Bill 312)?
The AG made no recommendations to revise or alter the petition. Sections 6 and 7 of HB 312 (2015 Idaho Session Laws ch. 341) took effect immediately when signed; the remaining sections were suspended …
Does an Idaho state employee who gives gifts or meals to a legislator have to register as a lobbyist?
Yes, with narrow exceptions. The Sunshine Law's exemption for state employees covers official-capacity *communications* about legislation, but does not exempt gift-giving meant to develop goodwill or …
What did Idaho's AG say about the 2015 four-part marijuana initiative covering medical use, decriminalization, drug paraphernalia, and industrial hemp?
The AG's biggest concern was the single-subject rule. The petition bundled four distinct policy programs (medical marijuana legalization, possession decriminalization, paraphernalia decriminalization,…
Can the University of Idaho buy its own risk or property insurance instead of going through the state's Department of Administration?
Only if the premiums come from non-state funds. Idaho's Tort Claims Act and risk management statutes give the Department of Administration exclusive authority over liability and property insurance pur…
Can the Idaho Department of Lands pay the costs of selling state endowment land out of the proceeds of the sale?
No. Sale proceeds in the land bank fund can only be used to buy replacement endowment land. The Department's costs of running the sale are administrative expenses paid from its earnings reserve fund a…
If someone is involuntarily committed to a mental health facility in another Idaho county, can they register to vote in that new county?
No. Idaho's constitution and statutes treat the place of involuntary mental health commitment as the same as an asylum, so time spent there does not count toward establishing voting residency in the f…
What did Idaho's AG flag about the 2013 ballot initiative to overhaul state sales tax?
The petition was drafted against an outdated version of the sales tax statutes and missed 2011-2013 amendments. Other concerns included the irrelevance of a personal-property-tax change, definitional …
What did Idaho's AG say about the 2013 minimum wage ballot initiative?
The certificate of review described the initiative's proposed schedule (raising minimum wage to $9.80/hour by 2018 with annual CPI-W adjustments after) and noted parallel federal FLSA provisions for t…
What did Idaho's AG say about the February 2013 medical marijuana ballot initiative?
The AG identified the same federal preemption issues that defeat any state-only medical marijuana program, plus single-subject concerns under Idaho Const. art. III sec. 16 and several drafting fixes t…
What did Idaho's AG flag about the 2012 medical marijuana ballot initiative before it could go on the ballot?
The AG identified federal preemption (Controlled Substances Act, FHA, ADA, and Rehabilitation Act exclusions), a possible single-subject problem under Idaho Const. art. III sec. 16, internal cross-ref…
Can an out-of-state entity administer Idaho's federal Section 8 project-based housing contracts, and which Idaho entities can serve the whole state?
No, an out-of-state entity cannot serve as Idaho's Section 8 project-based contract administrator because only an Idaho statutory housing authority qualifies as a 'public housing agency' under federal…
Can the Idaho Senate originate a bill that creates or raises a fee, or must fee bills start in the House under the Origination Clause?
A reasonable defense exists for Senate-originated fee legislation, but only if the levy is genuinely a fee and not a tax disguised as one. When in doubt, the AG recommended the bill originate in the H…
What did Idaho's AG flag about the 2012 ballot initiative to end Idaho's state liquor monopoly and privatize retail liquor sales?
The AG conducted the statutory review of the privatization petition under Idaho Code 34-1809 and noted issues for the petitioners' consideration. As with all certificates of review, the AG took no pos…
What did Idaho's AG say about the 2011 ballot initiative that would broaden the sales tax base to services and lower the rate to 5%?
The AG flagged a major unintended consequence: combining the proposed expansion of sales tax to real-property improvement contracts with existing exemptions for sales to government would completely ex…
What did Idaho's AG say about the 2011 ballot initiative making animal torture a felony?
The AG found the petitioner-supplied short and long ballot titles appropriate under Idaho Code 34-1809(2). The initiative amended the state's Cruelty to Animals chapter to add felony penalties for rep…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1184, the Luna Law on laptops and online graduation requirements?
The AG certified the referendum petition for form. SB 1184 had passed both houses and been signed. The bill had a phased effective date: most sections take effect July 1, 2011; some on July 1, 2012.
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1108, the Luna Law restricting teacher collective bargaining?
The AG certified the referendum petition for form. S1108 had passed both houses and been signed. Sections 1-5, 7-9, and 13-25 had emergency clauses, meaning they remained effective pending the referen…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1110, the Luna Law on performance-based teacher pay?
The AG certified the referendum petition for form and style. S1110 had passed both houses, been signed into law, and was set to take effect in 2012, meeting the procedural requirements for referendum …
Could Idaho voters use a 2011 ballot initiative to broaden the state sales tax to services and lower the rate from 6 percent to 5 percent?
The AG identified drafting and constitutional issues with the proposed sales-tax restructuring: sourcing rules conflicted with existing law, the bill would have wholly exempted state and federal gover…
Can an Idaho county use its land use and zoning ordinances to regulate oil and gas wells, or does the state Oil and Gas Conservation Act preempt local control?
The Oil and Gas Conservation Act does not preempt county land use planning. Counties retain zoning authority over oil and gas wells, including groundwater protection rules, unless a specific local ord…
If Idaho voters had passed the 2010 medical marijuana initiative, would patients still face federal prosecution for possessing marijuana?
The AG flagged a critical limitation: even if Idaho legalized medical marijuana under state law, federal law would continue to apply. Patients would still face federal Controlled Substances Act prosec…
Could Idaho voters pass a 2010 initiative banning state and federal greenhouse gas regulation inside Idaho?
The AG flagged three legal defects: the initiative conflicted with Governor Otter's Executive Order 2007-05 directing GHG reduction, conflicted with Idaho's Title V Clean Air Act permitting authority …
Could a 2010 Idaho ballot initiative withhold federal income tax revenue from the federal government?
The AG concluded the initiative would likely be struck down. The 16th Amendment gives Congress the power to lay and collect income taxes without apportionment among the states. No state law can withho…
Could Idaho voters pass a 2010 ballot initiative letting county sheriffs block IRS enforcement of federal income tax laws?
The AG concluded the initiative would violate the Supremacy Clause and was likely void for vagueness. Idaho cannot block federal income tax enforcement, and sheriffs cannot decide which federal laws t…
Could Idaho voters pass a 2010 ballot initiative letting jurors ignore judicial precedent and decide both the law and the facts in every case?
The AG flagged the Informed Jury Act initiative for separation-of-powers concerns under Idaho Const. art. V, sec. 13, Supremacy Clause concerns where the rule extended to federal law and federal court…
Could Idaho voters pass a 2010 initiative to nullify federal health insurance laws within the state?
The AG concluded the proposed Idaho Health Insurer Protection Act was likely unconstitutional. A state cannot declare federal laws null and void inside its borders. That power belongs to the federal c…
Could a 2010 Idaho ballot initiative bar all forced vaccination, criminalize coercion, and authorize lethal self-defense against vaccinators?
The AG flagged numerous conflicts: with Idaho minor consent statutes (§§ 39-3801, 39-4302), with the federal vaccine definition in 42 U.S.C. § 1396s, with Idaho's existing self-defense doctrine (the i…
Could a 2010 Idaho initiative require presidential candidates to file birth certificates with the Idaho Secretary of State to qualify for the ballot?
The AG concluded the initiative would be unconstitutional. States cannot add qualifications for federal officers beyond what the U.S. Constitution specifies. Powell v. McCormack and the Supremacy Clau…
Could a 2010 Idaho ballot initiative bar federal deployment of the Idaho National Guard outside U.S. borders?
The AG concluded the initiative was unconstitutional. The U.S. Constitution's Militia Clauses and federal statute give Congress authority to call National Guard units to active federal duty. The Idaho…
Could a 2010 Idaho ballot initiative bar federal enforcement of health insurance mandates within Idaho?
The AG flagged the initiative's drafting ambiguities, the 'indirect effect' nullification clauses that left scope indefinable, signature-collection violations under § 34-1804, and noted that potential…
Could a 2010 Idaho ballot initiative require local governments to pay landowners 120% of value plus costs whenever zoning rules change land use?
The AG raised concerns about drafting (better placed as separate statutory sections rather than a single new section), the conflict with constitutional police powers, federal preemption of provisions …
Could a 2010 Idaho initiative bar Idaho from participating in the federal National Animal Identification System?
The AG flagged that the initiative was drafted with 'Missouri' substituted for 'Idaho' at three points (a copy-paste from another state's measure), would impair pre-existing federal-state cooperative …
Could a 2010 Idaho ballot initiative bar local governments from joining ICLEI or U.N. bodies?
The AG noted the proposed prohibition on local government membership in ICLEI or U.N. bodies was permissible as a public-funds limitation, but flagged that removing AG prosecutorial discretion imprope…
Could a 2010 Idaho initiative make midwifery licensure voluntary by removing the criminal penalty for unlicensed practice?
The AG noted a citation error (the petitioners cited § 54-5406 instead of the correct § 54-5506) and explained that eliminating the penalty for unlicensed practice would change Idaho's midwifery regul…
Could Idaho voters create a state-run electronic currency and 'private market exchange' through a 2010 ballot initiative?
The AG concluded the proposed Idaho-controlled currency system would likely violate the U.S. Constitution. The Coinage Clause and the prohibition on state-issued bills of credit reserve money creation…
Can the Idaho Legislature require an elected sheriff to be POST certified before or shortly after taking office?
Yes. The AG concluded the Idaho Constitution does not bar the Legislature from imposing additional qualifications on sheriffs, including a requirement that they hold Police Officer Standards and Train…
What did the Idaho AG say about the 2010 'Idaho Right to Protection Act' ballot initiative on self-defense, gun tracking, and home privacy?
The AG concluded the proposed initiative had no clear legal goal: it would be placed in the criminal code but defined no crime and set no punishment, its self-defense language redundantly tracked exis…
Could an Idaho ballot initiative declare federal statutes unenforceable in Idaho if they don't cite a specific enumerated power of Congress?
No. The AG concluded the proposed nullification initiative was clearly unconstitutional. The Supremacy Clause makes federal law binding on state judges, and the authority to declare federal laws uncon…
Could an Idaho ballot initiative exempt Idaho-made firearms, accessories, and ammunition from federal regulation?
No. The AG concluded the proposed Idaho Firearms Freedom Act was clearly unconstitutional. Federal regulation of firearms reaches intrastate manufacture under the Commerce Clause, the Supremacy Clause…
Could an Idaho ballot initiative require federal officers to obtain the county sheriff's written permission before making any arrest, search, or seizure in Idaho?
No. The AG concluded the initiative was clearly unconstitutional under the Supremacy Clause: a state cannot condition federal law-enforcement activity on a county sheriff's permission, criminalize fed…
Could Idaho exempt in-state nutritional and therapeutic products from federal regulation through the Health Supplements and Therapeutics Protection Act ballot initiative?
No. The AG concluded the proposed initiative would conflict with the federal Food, Drug, and Cosmetic Act and other federal drug statutes, would be preempted under the Supremacy Clause, and that limit…
What did the Idaho AG say about a 2010 ballot initiative listing veterinary procedures (ear cropping, debarking, docking, Caesarian sections) as animal cruelty?
The AG concluded the proposed amendment fit the existing animal-cruelty statutory scheme but flagged drafting problems: a citation error pointing to the wrong subsection, undefined technical veterinar…
Does the Endowment Fund Investment Board have to apply trust-law fiduciary duties when guaranteeing Idaho school district bonds?
Yes. The AG concluded the EFIB acts as a trustee of the Public School Endowment when it pledges endowment assets under the Credit Enhancement Program, must apply the Prudent Investor Rule and duties o…
Did the Idaho AG approve a 2009 ballot initiative to ban dog ear cropping by anyone other than a licensed veterinarian?
The AG issued an advisory Certificate of Review flagging serious drafting problems in the initiative: it would have created two conflicting penalties in the same statute, used an ambiguous mix of misd…
Can Idaho exempt cottage-site leases on state endowment land from the public auction requirement of Article IX, § 8?
No. The AG concluded that a reviewing court would likely find Idaho Code § 58-310A unconstitutional because Article IX, § 8 requires public auction of all endowment land dispositions, including leases…
Did the Idaho AG approve a 2009 ballot initiative establishing a permanent-absentee-voter list for Idaho elections?
Largely yes. The AG concluded the proposed addition to Idaho Code § 34-1002 (creating permanent absentee-voter status for any registered elector who applied in writing) raised no significant legal iss…
Could a 2009 Idaho ballot initiative amend the Idaho Constitution to allow elective Bible curriculum in public schools?
No, not by the route the petitioner chose. The AG concluded that under Idaho Const. art. XX, § 1, the only way to amend the Idaho Constitution is through a two-thirds vote of each house of the legisla…
Could a 2008 Idaho ballot initiative require all debts, fines, taxes, and contracts to be paid only in gold or silver coin?
No. The AG concluded the 'Jubilee Initiative' was preempted by federal law. Article I, § 8 of the U.S. Constitution gives Congress, not the states, the exclusive power to determine what is legal tende…
Could the City of Rexburg deputize BYU-Idaho's private campus security officers as Idaho peace officers, and could POST certify them?
No on both counts. The AG concluded that Idaho municipal corporations can enter joint-powers agreements only with other public agencies, so Rexburg could not delegate its police power to private BYU-I…
How should an Idaho governing body interpret the Open Meetings Act's hiring exception, and what should it do if an executive session 'drifts' from its stated purpose?
Narrowly, and immediately. The AG concluded that all of the Open Meetings Act's executive-session exceptions, including the Idaho Code § 67-2345(1)(a) hiring exception, must be read narrowly so that t…
Do Idaho's state CAFO laws preempt county regulation of confined animal feeding operations like dairies and feedlots?
Partly. The AG concluded that Idaho law expressly authorizes counties to regulate the siting of dairy and beef-cattle CAFOs (where to locate them, setbacks, livestock-density limits), but county ordin…
Did the Idaho AG approve a 2008 ballot initiative banning new coal and nuclear power plants in Idaho without statewide voter approval?
Mixed. The AG noted the coal-plant ban was effectively redundant because Idaho's existing zero-mercury rule (IDAPA 58.01.01.199) already prohibited new coal-fired generation. The nuclear provisions ra…
Did Hailey, Idaho's three voter-passed marijuana initiatives (medical marijuana, hemp, lowest enforcement priority) hold up under Idaho law?
Mostly no. The AG concluded the medical-marijuana and industrial-hemp initiatives directly conflicted with Idaho criminal drug law and were preempted; the law-enforcement-priority initiative addressed…
When the Idaho Land Board disclaims state ownership of formerly submerged land, can it require a 25-foot public-use easement in exchange without it being an unconstitutional taking?
Yes. The AG concluded the 25-foot easement requirement is a programmatic settlement of a competing-claim boundary dispute, with the easement representing valuable consideration for the State's giving …
Did the Idaho AG approve the 2007 'Public Employee Accountability Act' ballot initiative that aimed to strip judicial immunity and force grand juries on demand?
No. The AG concluded most provisions of the initiative would likely be struck down: it bundled multiple subjects in violation of Idaho Const. art. III, § 16; usurped the district court's exclusive con…
What did Idaho's AG say about Ron Gillett's third 2006 wolf-removal ballot initiative, this one aimed at the 2008 ballot?
This was Ron Gillett's third 2006 wolf-removal initiative, substantively identical to the March 9 version. Wasden cleared it on single-subject grounds (a single subject of wolf regulation), confirmed …
What did Idaho's AG say about a 2006 ballot initiative that would have amended Idaho's eminent domain and regulatory-takings statutes after Kelo?
The AG flagged a potential single-subject issue (eminent domain and regulatory takings might or might not be sufficiently related), a conflict with House Bill 555 which had just created a new Idaho Co…
Does the Swan Falls Agreement let Idaho prioritize aquifer recharge over Idaho Power's hydropower water rights, and do later statutes give Idaho Power vested rights against that?
This is the original Opinion 06-2, since superseded by Opinion 06-2A. The conclusions are unchanged: Idaho Power's hydropower rights above the Murphy Gauge minimum flows are subordinated to subsequent…
What did Idaho's AG say about Ron Gillett's revised 2006 wolf-removal ballot initiative, after the AG flagged single-subject problems with the original?
Petitioner Ron Gillett refiled the wolf-removal initiative on March 7, 2006, after the AG's March 3 Certificate flagged single-subject problems. The revised version dropped the Office of Species Conse…
What did Idaho's AG say about Ron Gillett's 2006 ballot initiative to 'remove' gray wolves from Idaho?
The AG concluded the initiative's caption was misleading because state law cannot remove federally protected gray wolves under the Endangered Species Act, and that the proposal's combination of wolf-m…
Did the 1984 Swan Falls Agreement subordinate Idaho Power's hydropower rights to aquifer recharge, and do later statutes create vested rights for Idaho Power against that subordination?
Yes and no. Yes, Idaho Power's hydropower rights above the Murphy Gauge minimum flows are subordinated to all subsequent beneficial upstream uses, including aquifer recharge. No, the 1994 statutes tha…
Would a defense-of-marriage amendment to the Idaho Constitution actually do anything new, given that Idaho already banned same-sex marriage by statute?
The 2006 AG concluded that even without an amendment, Idaho courts would probably uphold the state's existing same-sex marriage ban, but a constitutional amendment would foreclose state-constitutional…
What did Idaho's AG say about a 2006 ballot initiative to expand the Idaho Open Meeting Law and increase the fines for violations?
The AG flagged that the initiative used informal language instead of strikethroughs and underscores, cited the wrong subsection for the penalty (§ 67-2347(1) instead of (2)), and proposed minimum fine…
What did Idaho's AG say about the Idaho Education Association's 2006 initiative to raise the sales tax to 6% and dedicate the proceeds to K-12 public schools?
The AG flagged inconsistencies in the proposal's text (multiple definitions of permitted uses), the lack of a self-executing appropriation under Art. 7 § 13, ambiguous language on charter schools and …
What did Idaho's AG say about the proposed 'Residential Property Tax Relief and Bonding Act' that would have capped property tax at 1% and required a two-thirds vote for state revenue increases?
The AG flagged multiple constitutional and operational defects: the 1% cap had no implementation mechanism (echoing prior 1978, 1991, and 1996 AG opinions on similar proposals), the value-base distinc…
What was wrong with the longer 'Tax Accountability' property tax initiative filed in August 2005, the second '1%' tax cap proposal of that year?
The AG concluded the 6,500-line initiative was unimplementable as written. Three sections set conflicting one-percent caps with three different definitions of 'market value'; the value-base distinctio…
If an Idaho creditor follows Regulation B's spousal-signature rules and only the applicant spouse signs, can the creditor still collect against community property after divorce or the death of the borrower?
The opinion concluded creditors face significant collection risk if they make individual loans to married Idaho borrowers without obtaining the spouse's signature. Under Twin Falls Bank & Trust v. Hol…
What did Idaho's AG say about a 2005 ballot initiative to amend Idaho Code § 49-445 (motor vehicle registration)?
The AG cleared the proposed initiative as raising no significant legal issues. Initiative legislation is on equal footing with bicameral-passed legislation and so can amend a statute. The certificate …
What did Idaho's AG say about the 'Idaho Judicial Accountability Act of 2006' ballot initiative, the second JAIL-style judicial-accountability proposal aimed at Idaho?
The AG concluded the proposal would create the 'Idaho Judicial Accountability Commission' as a fourth branch of government, independent of the legislative, executive, and judicial branches, which is p…
What did Idaho's AG say about a 2004 ballot initiative to repeal Idaho's Right to Work law?
The AG cleared the initiative as raising no significant legal issues. Initiative legislation is on equal footing with bicameral legislation and so can repeal a statute. The substantive policy question…
What did Idaho's AG say about a 2004 ballot initiative that would have required Idaho's Legislature to call for a federal constitutional convention to define marriage?
The AG concluded the proposal was less a law than a mandate that the Legislature act, and that it was likely unconstitutional because it would limit the Legislature's plenary authority over its own ru…
What did Idaho's AG say about a 2004 ballot initiative to authorize 'video lottery terminals' at horse-racing facilities in counties with population under 100,000?
The AG concluded the proposal was unconstitutional in two ways: (1) the 'video lottery terminals' it would authorize are slot machines under Idaho Const. art. III, § 20 and Idaho Code § 18-3801, just …
What did Idaho's AG say about a 2003 ballot initiative requiring all Idaho schools to be funded above the bottom 5% of school districts nationwide?
The AG concluded the proposal was likely unconstitutional. It mandated school funding 'at a per pupil level greater than that of the lowest five percent (5%) of public school districts in the entire U…
What did Idaho's AG say about a 2003 ballot initiative to repeal Idaho's Right to Work law?
The AG cleared the proposed initiative as raising no significant legal issues. Initiative legislation is on equal footing with bicameral-passed legislation and so can repeal a statute. The substantive…
What did Idaho's AG say about the original 2003 'Idaho Judicial Accountability Act of 2004' ballot initiative?
The AG concluded the proposal would create the 'Idaho Judicial Accountability Commission' as a fourth branch of government, independent of the legislative, executive, and judicial branches, which is p…
What did Idaho's AG say about a 2003 ballot initiative to allow Idaho's 'resort counties' to impose a local sales tax for property tax relief?
The AG concluded the proposal's definition of 'resort county' (population over 17,000 plus deriving a major portion of economic well-being from tourism) was sufficiently inclusive to avoid the local-o…
What did Idaho's AG say about a 2003 initiative to exempt food from Idaho sales tax by referring to the federal food stamp eligibility list?
The AG flagged that defining 'food products' by reference to 7 C.F.R. § 271.2 'as it presently reads, or as it may be amended to read in the future' would unconstitutionally delegate Idaho's legislati…
What did Idaho's AG say about the 2003 ballot initiative to restructure the Idaho Fish and Game Commission, the second such proposal in two years?
This was a substantively similar refiling of the February 2002 Fish and Game Commission restructuring initiative. The AG's review focused on the same drafting concerns: how the proposed Citizen Wildli…
What did Idaho's AG say about the original 'Idaho Judicial Accountability Act of 2004' ballot initiative filed in January 2003?
The AG concluded the proposal would violate the separation of powers doctrine. It sought to eliminate judicial immunity, create a Special Grand Jury to review any decision in any court, abolish the Ju…
Does the federal National Securities Markets Improvement Act of 1996 preempt Idaho's requirement that insurance holding companies obtain a solicitation permit before marketing exempt private offerings of federally covered securities to Idaho investors?
The AG concluded NSMIA preempts the Idaho solicitation-permit requirement for insurance holding companies offering federally covered securities under Rule 506 of Regulation D. Section 18(a) of NSMIA b…
Did Idaho's AG correct or supplement Opinion 01-4 on the Land Board's authority over the land bank fund?
This opinion supersedes Section D.2 of Opinion 01-4 to the extent of conflict with Idaho Code provisions identified in this opinion. The other conclusions of 01-4 (which endowments are eligible, that …
What did Idaho's AG say about the 'Idaho State Term Limits Act of 2002' ballot initiative, an attempt to reinstate term limits after the Legislature repealed an earlier initiative?
The AG cleared the proposal as legally proper. It sought to reinstate by initiative what the Legislature had repealed in February 2002 (former Idaho Code § 34-907, originally enacted by initiative and…
What did Idaho's AG say about a 2002 ballot initiative to restructure the Idaho Fish and Game Commission?
The AG's review focused on technical drafting questions for a proposal to reduce the Fish and Game Commission from seven to five members, eliminate the party-affiliation restriction, eliminate at-plea…
What did Idaho's AG say about the original 2002 J.A.I.L. (Judicial Accountability Initiative Law) ballot initiative?
The AG concluded each of the proposal's four substantive elements (eliminating judicial immunity, creating a Special Grand Jury for judges, adding judge-removal procedures, and Grand Jury implementati…
Could the Idaho Land Board deposit proceeds from selling state endowment lands into the new land bank fund, and from which endowments?
The AG concluded the Land Board may use the land bank fund for proceeds from eight endowment categories (penitentiary, public school, university, scientific school, agricultural college, normal school…
Could Idaho voters tighten state term limits through a 2002 ballot initiative without rerunning into the same constitutional problems that had hit the 1994 term-limits law?
The proposed amendments to Idaho Code 34-907 raised no new constitutional concerns beyond the existing law, but a 2000 district court ruling (Rudeen v. Cenarrusa) had invalidated the county-level port…
Could Idaho's Department of Agriculture director rely on personal experience alone when deciding there were no agricultural alternatives to crop burning, or did the decision need a written record?
The director's determination that no other agricultural alternatives to crop burning existed would be reviewed under the deferential 'arbitrary and capricious' standard of the Idaho APA. To withstand …
Could a 2002 Idaho initiative legalize tribal video gaming machines without running afoul of the Idaho Constitution's casino-gambling ban?
The proposed initiative tried to authorize video gaming machines on tribal lands, but the AG concluded the machines, as defined, would almost certainly be treated as 'slot machines' or simulations of …
After Idaho's 1982 amendment to art. 9, sec. 8, did the Land Board's sale-and-exchange constraints reach every parcel the state owns, or just the federal-grant endowment lands?
Article 9, section 8 of the Idaho Constitution applied to lands granted to Idaho on statehood (endowment lands) and to lands the state acquired from the federal government after 1982. It did not apply…
Could Idaho require every candidate for public office to take the local high school exit exam and have the score published in the press?
The proposed initiative would have required candidates to take their school district's 'high school exiting standards test' and publish the score, but most Idaho districts had no such test, the First …
Can Idaho Correctional Industries sell its prison-made goods to a private retailer or wholesaler that just wants to use the goods itself, instead of reselling them to the public?
No. Idaho Correctional Industries can sell to retail or wholesale establishments only if those buyers intend to resell the goods to the general public. The 1978 amendments to Idaho Code 20-413 dropped…
After the trucking case forced the state to refund a use fee on Commerce Clause grounds, were Idaho's tiered premium-tax statutes for insurance companies constitutionally vulnerable too?
The Commerce Clause was not a worry because the McCarran-Ferguson Act lets states tax insurance freely. The base rate (Idaho Code 41-402) and the retaliatory tax (41-340) were each likely constitution…
Could Idaho voters require cities to hold an election within a proposed annexation area before annexing it, with the city paying for the vote?
The proposed initiative would have repealed Idaho Code 50-222 and replaced it with new sections requiring cities to hold a hearing and an election in the unincorporated area before annexation, with th…
Could Idaho voters legalize 'small stakes' video bingo, keno, blackjack, and poker machines in liquor-licensed establishments by initiative?
No. The proposed Idaho Code 23-929 would have allowed up to five video bingo, keno, blackjack, draw poker, or 'reel' machines in liquor establishments. The AG concluded this was casino gambling barred…
Could Idaho voters limit municipal annexation by requiring approval from a majority of property owners in the area before a city annexes it?
The proposed initiative would have required 'favorable concurrence of the majority of affected property owners' before annexation. The AG concluded this conflicted with Idaho Code 50-222(1)'s forced a…
Under the Idaho Constitution's Origination Clause, which bills must start in the House: only those that levy taxes, or also bills with incidental revenue effects like fee increases or property tax exemptions?
Prudence required introducing bills potentially affecting general revenues in the House. Dumas v. Bryan (1922) read 'bills for raising revenue' broadly enough that bills with incidental revenue featur…
Could Idaho voters change the Fish and Game Commission to elected office and limit the vote to people holding a hunting or fishing license?
The proposed initiative would have replaced the seven appointed Fish and Game commissioners with four elected ones, two from each congressional district, with voting limited to electors holding a hunt…
Did Idaho's 1994 voter-passed term limits law (Idaho Code 34-907) reach state judges, or only executive-branch officials?
No. The 1994 voter-passed term limits law restricting 'state elected officials' to eight of fifteen years was likely meant to cover only executive-branch officers, not the judiciary. The ballot title …
Could Idaho voters resurrect the state prevailing-wage law (using Davis-Bacon county-seat rates for public works) that the Legislature had repealed in 1985?
The proposed initiative would have re-enacted the language of Idaho Code 44-1006, repealed in 1985, requiring public works contracts to specify minimum wage rates and fringe benefits set by the Depart…
Could Idaho voters raise the state minimum wage to $10 per hour and lower the training-wage age cutoff from 20 to 18, without running into federal preemption?
The proposed initiative would have raised Idaho's minimum wage to $10 per hour and the training wage to $7.50 per hour starting December 1, 2000, with the training wage's age cap dropping from 20 to 1…
After Casey, did Idaho's abortion statutes and the 1998 draft legislation comply with U.S. Supreme Court constitutional standards?
Several Idaho abortion statutes had constitutional problems after Casey. The second-trimester hospital-only requirement (Idaho Code 18-608) was unconstitutional. The third-trimester ban lacked a healt…
Could Idaho give parents a $500 income tax credit for not enrolling their child in public school, including parents using private religious schools, without running into the Establishment Clause or Idaho's no-aid-to-sectarian-schools provision?
The Legislature could grant a $500 income tax credit to parents who comply with Idaho's compulsory education law without using public schools, regardless of whether the child attends a non-sectarian p…
Could Idaho voters ban the use of bait or dogs to hunt black bears, and codify a tougher penalty for violations?
The proposed initiative would have banned the use of bait year-round and the use of dogs from May 1 through August 31 to take black bears. The AG identified drafting concerns: an unintentional photogr…
Would changing 'shall' to 'may' in Idaho's teacher-negotiation statute actually let teachers pick their own bargaining representative?
The proposed initiative would have changed Idaho Code 33-1271 from 'shall' to 'may,' making it optional for school districts to enter negotiation agreements with teacher representatives. The AG saw no…
Could Idaho voters use the initiative process to undo the 1997 Legislature's tightening of initiative procedures?
The proposed initiative would have repealed most of HB 265 (signed March 20, 1997), which had added time limits, geographic proportionality, signature-gatherer requirements, and judicial review provis…
Could Idaho put a 'Signed TERM LIMITS pledge' or 'Broke TERM LIMITS pledge' legend next to a congressional candidate's name on the ballot, after the Supreme Court struck down state-imposed term limits on Congress?
The AG warned that ballot legends were on uncertain footing pending the Idaho Supreme Court's pending Simpson v. Cenarrusa decision, and that section 6's deemed-service rule risked colliding with U.S.…
Could a single Idaho ballot initiative both let counties opt out of term limits and impose a multi-year lobbying ban on former state legislators?
The AG warned the initiative likely violated Article 3, section 16's single-subject rule because county term limits and revolving-door lobbying restrictions are not 'necessary as ends and means to the…
Did Idaho need a 1997 ballot initiative requiring state, county, municipal, and school district candidates to pledge compliance with a 1994 term-limits act that already legally bound them?
The AG questioned the initiative's necessity because the 1994 Term Limits Act already bound state and local candidates regardless of whether they signed a pledge, and the proposed ballot legend faced …
Could a 1997 ballot initiative phase out Idaho's school maintenance-and-operation property tax levy without specifying how the lost revenue would be replaced?
The AG flagged that section 1 would phase the M&O levy down to zero by 2001 but only contained a non-binding 'should' that the legislature replace lost revenue from sales taxes, leaving school funding…
Could a 1997 Idaho ballot initiative ban the 'reburial' of plutonium and require written accident analyses for state air-quality permits, when the proposal lacked the basic structure of operative legislation?
The AG concluded the initiative was not implementable as written: it failed to designate any state agency to act, used pivotal terms like 'reburial' and 'this plutonium' without definition, and ran in…
Did a March 1997 redraft of the Idaho One Percent Initiative fix the implementability problems the AG had identified the year before?
No. The redraft acknowledged that 'enabling legislation' would be needed but left that to future legislatures, which the AG said could not be bound, so the proposal remained incapable of self-executio…
Does the Lava Hot Springs Foundation own a special hot-springs water right that escapes Idaho's prior appropriation and Department of Water Resources regulation?
No. The Foundation managed the hot springs only through ordinary appropriative water rights subject to Title 42 and Department of Water Resources oversight, and could grant easements for waste-water d…
Could the Idaho Park and Recreation Board spend recreation registration fees, fuel-tax revenues, and capital-improvement money on general agency overhead, and could it redirect a $25,000 RV-fund earmark away from gateway visitor centers?
The Board could spend administrative funds and a share of fuel-tax revenue on overhead but had to limit vendor handling fees to registration costs, and it could not unilaterally undo the legislature's…
Was the 1996 Idaho One Percent Initiative capable of being implemented as written, and how would it have affected school funding, voter-approved bonds, urban renewal districts, and charter school districts?
No. The AG concluded the initiative could not be implemented because it imposed a 1% cap without giving any official the authority to enforce it, and warned of cascading conflicts with the property ta…
Could an Idaho county levy property tax on land inside an Indian reservation when the land is owned in fee by an individual Indian, not held in trust by the United States?
Yes. Once the federal government issued a fee patent removing alienability restrictions, the land became subject to county ad valorem taxation regardless of the owner's tribal membership or its locati…
Could a 1996 Idaho ballot initiative require the Secretary of State to print 'DISREGARDED VOTERS' INSTRUCTIONS ON TERM LIMITS' next to the names of legislators and members of Congress who failed to support a federal term-limits amendment?
The AG warned the initiative would likely be unconstitutional under the First Amendment, Equal Protection Clause, and Idaho right-of-suffrage provisions because it puts the state in the role of endors…
Could a 1996 Idaho ballot initiative require legislative and voter approval of any agreement to receive additional radioactive waste in Idaho, and could it retroactively invalidate the October 1995 INEL settlement agreement among the Governor, Attorney General, the Department of Energy, and the Navy?
Probably not. The AG flagged that the proposed referendum-style approval mechanism conflicted with how the Idaho Constitution uses the referendum (as a 'veto' rather than a confirming vote), and the 1…
Could an Idaho political subdivision voluntarily withdraw its employees from PERSI without first triggering the statutory complete or partial withdrawal conditions, and did current employees have a constitutional right to keep accruing PERSI benefits if their employer left the system?
No. Idaho Code § 59-1326 only permits withdrawal upon complete or partial withdrawal as defined; absent that, voluntary withdrawal was not authorized. The AG also concluded Idaho law did not currently…
Could the State of Idaho lend public employees to the United Way for an eight-week fundraising drive while still paying their state salaries, and what general limits applied to sharing state employees and facilities with private charitable foundations?
No on the United Way loan: paying state employees to do charitable fundraising failed the public purpose doctrine. Sharing arrangements with charitable foundations were permissible only if they served…
When the Idaho Department of Health and Welfare subpoenas records from another state agency under § 56-227C, can that other agency refuse on the ground that the records are exempt from the public under the Idaho Public Records Act?
No. The Public Records Act governs only the public's access; it does not limit administrative subpoenas. Section 9-343(3) expressly preserves administrative discovery, and a 'legal excuse' under § 56-…
Could a tribal law enforcement officer arrest a tribal member off the reservation on a tribal court warrant, and could an Idaho state officer arrest someone off the reservation based on a tribal court warrant?
Both required state statutory authorization. A tribal officer needed both state statutory recognition of tribal warrants and deputization to arrest off-reservation; a state officer needed both state s…
Could a 1995 Idaho ballot initiative recognize private 'volunteer militia organizations' as part of the state militia and shield them from legislative regulation, gubernatorial oversight, and adjutant general control?
No. The Idaho Constitution gives the legislature authority to regulate the militia (Article 14, section 2), the governor command-in-chief authority (Article 4, section 4), and authority over commissio…
Could a 1995 Idaho ballot initiative cut the sales tax rate from 5% to 3% by amending Idaho Code § 63-3619 alone, while leaving the 5% use tax in place?
No, that approach would discriminate against out-of-state sellers in violation of the Commerce Clause. Local retailers would collect 3%, out-of-state retailers (and use-tax remitters) would still owe …
Could a 1995 Idaho ballot initiative successfully exempt food, water, and clothing from Idaho sales tax by amending Idaho Code § 63-3619?
The AG flagged that amending the sales-tax statute alone would leave the use tax in place, undercutting the petitioners' goal. The petitioners should add a new exemption section under § 63-3622 and de…
Could a 1995 Idaho ballot initiative criminalize all abortions performed once a fetal heartbeat or brain stem activity could be detected, with mandatory capital punishment for any violation?
No. The proposal would have outlawed many previability abortions in violation of the 'undue burden' standard from Planned Parenthood v. Casey, and the initiative process cannot amend either the U.S. o…
Did the legislature accidentally re-activate Idaho's old 1-percent property-tax cap when it passed the 1995 school-funding bill, and if so, can counties or courts actually enforce a 1-percent cap?
On its face, yes, the 1-percent cap (Idaho Code § 63-923) was no longer nullified by cross-reference to other statutes after 1995. But the cap is impossible to implement under Idaho's existing tax-app…
Could a 1995 Idaho ballot initiative raise the state minimum wage to $6.25 per hour by 2000, eliminate the tip credit, end overtime exemptions, and remove farmworkers, domestic workers, and minors from the minimum wage entirely?
Yes. The AG found no constitutional or statutory bar to any of the four changes. The federal Fair Labor Standards Act has a savings clause (29 U.S.C. § 218) that expressly lets states enact more gener…
Could Idaho voters pass a 1995 initiative giving parents a $500 income tax credit for each child not attending public school, and would that survive the U.S. and Idaho constitutions' bans on aiding religious schools?
Probably yes, with revisions. The proposed credit went directly to parents and depended on individual parental choice, which Mueller v. Allen treated favorably under the federal Establishment Clause. …
Could Idaho voters pass a 1995 initiative that banned anti-discrimination protections for gay people, blocked public funds from speech that 'endorsed' homosexual behavior, restricted what teachers and libraries could say or shelve, and would any of those restrictions survive the First Amendment?
The minority-status provision was awaiting U.S. Supreme Court resolution in Romer v. Evans. The public-funding ban was vulnerable under Rosenberger; the public-school provision was vulnerable as viewp…
Could Idaho voters pass a 1995 initiative that banned all abortions after 13 weeks of pregnancy, given the U.S. Supreme Court's 1992 Casey decision?
No, not as drafted. The proposed initiative would have banned previability abortions (abortions before the fetus could survive outside the womb), which Casey clearly forbade. Viability ranges from abo…
If a 1995 ballot initiative changed one word in Idaho's school-bargaining statute (from 'shall' to 'may'), would Idaho teachers actually get to choose their own bargaining representatives?
Probably not. The proposed initiative changed § 33-1271 to make district-level negotiation optional, but did not touch § 33-1273, which made the local education organization the 'exclusive' bargaining…
If Congress reinstates a federal tax deduction retroactively after Idaho's annual federal-conformity bill is already signed, can Idaho taxpayers use the new deduction on their Idaho state return, or do they have to wait for the legislature to update Idaho law?
They have to wait. Idaho's tax conformity statute pegs Idaho's definition of taxable income to the Internal Revenue Code 'as in effect on the first day of January, 1995,' so any federal change made af…
If an Idaho city wants to apply its zoning rules to land just outside the city limits in the 'area of city impact,' can the city council pass that ordinance on its own, or does the county also have to act?
The county also has to act. Only the board of county commissioners can exercise legislative authority in unincorporated land outside city limits. A city can draft an area-of-impact zoning plan, but th…
Can an Idaho city or county hand out a cable TV franchise, regulate the rates the cable company charges, and collect a franchise fee, without waiting for the legislature to pass a special cable statute?
Yes for cities, almost certainly. Probably yes for counties too. Idaho's general municipal-franchising and home-rule statutes already cover cable TV alongside taxis, buses, and garbage hauling. Federa…
If an Idaho school district raises a student fee by more than 5 percent in a year, does the public-notice statute apply, and does the district have to hold a public hearing?
Yes. Fees a school district charges for voluntary or extracurricular activities (sports, driver's education, towels, lockers, parking, lunch, etc.) are 'fees' under the 1994 budget-cap law. Any increa…
Under Idaho's Unified Sentencing Act, can the Commission for Pardons and Parole shorten a felon's fixed (mandatory) prison term by commuting it, even though the Act explicitly bars parole, discharge, or good-conduct credit during the fixed term?
Yes. Commutation is a constitutional clemency power separate from parole. Idaho Const. art. 4, § 7 (as amended in 1986) gives the Commission authority to commute sentences. The Unified Sentencing Act'…
Does the Idaho Department of Health and Welfare have to use formal rulemaking when it adopts a state nutrient management plan, and does the legislature and the Board of Health and Welfare get a chance to review the plan before it takes effect?
Yes. Even though Idaho Code § 39-105(3)(o) is ambiguous, the rules of statutory construction point to formal APA rulemaking, which means notice-and-comment, board approval, and legislative review unde…
Can Idaho's property tax law treat developers who hold six or more subdivision lots more favorably than someone who owns a single similar lot, by valuing the developer's lots based on how long it will take them to sell?
Not as a discount limited to multi-lot owners. Idaho Constitution art. 7, §§ 2 and 5 require uniform property valuation across similar parcels. House Bill 389's 1993 amendment to Idaho Code § 63-202 c…
Are the Idaho State Tax Commission's rules that multiply a mine's net profits by five (then tax that multiplied figure as the property's value) actually authorized by statute?
No. Idaho Code § 63-2801 directs assessors to value mining property based on net profits without any multiplier. The Tax Commission's IDAPA Rule 585.04 and 585.05 (and similar provision in Rule 580 fo…
Could Idaho repeal the proportionality-review piece of its automatic death-sentence review statute without making the state's death penalty unconstitutional?
Yes. The U.S. Supreme Court held in Pulley v. Harris (1984) that the Eighth Amendment does not require comparative proportionality review (comparing each death sentence to similar cases) as long as th…
Would the 1993 Idaho Citizens Alliance initiative (Proposition 1) that banned anti-discrimination protections for gay people, banned same-sex marriages, restricted public-school discussion of homosexuality, blocked public funds and library access, and addressed sexual behavior in public employment, survive constitutional challenge?
No. The AG concluded the initiative authorized discrimination and denied gay people equal access to the political process (violating Equal Protection), restricted protected speech in public schools an…
If a retired Idaho teacher still receives district-paid health insurance under an early-retirement program and then gets elected to her old school district's board of trustees, can she actually serve?
No. Receiving district-paid retirement health-insurance benefits gives the trustee a direct or indirect pecuniary interest in the district's insurance contract, which the trustees themselves vote on. …
If Idaho parents are using prayer or 'spiritual means' to treat a sick child instead of seeking medical care, can the state still step in, and what is the threshold?
Yes. Idaho's religious exemption lets parents substitute prayer for medical care without facing neglect liability for that choice alone, but it does not strip the state of its authority to intervene w…
Can Idaho county commissioners hire an outside private lawyer for the county's civil work on a long-term contract, instead of using the elected county prosecutor?
No, not as a routine matter. Idaho's Constitution (art. 18, § 6) and statutes assign civil legal work to the elected county prosecutor. Commissioners can hire outside counsel only when 'necessity' jus…
Can the Idaho Public Utilities Commission set safety, equipment, insurance, and operator-licensing rules for tow truck operators?
Yes, mostly. Tow trucks fit Idaho's statutory definition of 'common carrier' under the Motor Carrier Act, so the PUC has authority to regulate equipment, safety, operator qualifications, insurance, an…
Can Idaho's State Board of Education be split into two separate councils, one for higher education and one for public schools, the way House Bill 345 set up?
Not as fully autonomous councils. Article 9, section 2 of the Idaho Constitution requires a single State Board of Education with general supervision over all educational institutions. The AG concluded…
Are the development impact fees that the Ada County Highway District charges new builders actually fees, or are they really taxes? And can ACHD make the State of Idaho pay them when the state builds something in Ada County?
ACHD's Ordinance 184 has features (discretion to spend fees outside benefit zones, no clear nexus between the fee and the development's actual road impact, unclear accounting) that look more like a ta…
Can a child whose family moves to Idaho mid-year enroll in an Idaho public kindergarten or first grade if the child started school in another state but doesn't meet Idaho's August 16 cutoff?
If the child has not met Idaho's age-five-by-August-16 cutoff, the child may not enroll in kindergarten in Idaho even if the child started kindergarten in a state with a later cutoff. If the child has…
Can Idaho's Commission of Pardons and Parole commute an inmate's indeterminate sentence to a shorter fixed term so the inmate can be transferred to Mexico under the U.S.-Mexico prisoner transfer treaty?
Yes. The AG concluded the Commission has constitutional power under article 4, section 7 of the Idaho Constitution to commute an indeterminate sentence to a lesser fixed term, which is what the Prison…
Can the Idaho Department of Health and Welfare investigate suspected child abuse on school grounds without parents present, and can school officials be barred from sitting in?
Yes. The AG concluded that DHW has full authority to investigate child-abuse reports inside schools, including the discretion to exclude school personnel from interviews, and parental consent is not r…
After the U.S. Supreme Court's Casey decision, did Idaho's abortion statutes (the trimester scheme, the informed-consent rules, and the parental-notification clause) still pass constitutional muster?
Mostly. The AG concluded that Idaho's trimester scheme and informed-consent provisions could be reconciled with Casey, but the second-trimester hospitalization requirement remained unconstitutional. T…
When the State of Idaho operates land or facilities inside a county, does the state agency have to comply with the county's zoning ordinances?
Yes, by default. Idaho Code § 67-6528 says state agencies must comply with local zoning ordinances adopted under the Local Planning Act unless a constitutional provision or another statute expressly o…
When Idaho's 1992 legislation moved school-community libraries into the new library-district statutes, did the four existing libraries automatically become independent library districts, or did they have to hold a new election to start over?
They automatically became school-community library districts on July 1, 1992, with their own boards and continuous taxing authority. The legislative history makes clear that the Idaho Legislature neve…
Who is liable in Idaho when a construction project destroys a recorded land survey monument, and can the Board of Professional Engineers sue to make them put it back?
Idaho Code § 54-1234 imposes a $500 penalty plus actual damages only on persons who willfully deface, injure, or remove a monument set by a registered land surveyor. Accidental destruction has no stat…
Can a full-time county prosecutor in Idaho also contract to serve as the prosecuting attorney for another county?
No. The Idaho AG concluded that a prosecutor required to devote full time to one county under Idaho Code § 31-3113 cannot contract privately to perform the prosecuting attorney duties of another count…
When an Idaho inmate has multiple consecutive sentences, each with both a fixed and an indeterminate portion, how do the fixed and indeterminate parts get stacked for parole eligibility?
All the fixed (minimum) terms must be served consecutively first, before any indeterminate period starts to run. After the fixed terms are completed, the indeterminate terms are added together to dete…
Are Idaho's residency-waiting-period rules for veterans' emergency relief and admission to the state veterans' home (three years for relief, two years for admission) constitutional?
No. The AG concluded that the durational residency requirements in Idaho Code §§ 65-203 and 66-901 unconstitutionally burden the fundamental right to migrate and deny equal protection to newcomer vete…
Is Idaho's proposed One Percent Initiative (a 1992 ballot measure to cap property taxes at 1% of market value) workable, and if not, can it still be put on the ballot?
The AG concluded that the One Percent Initiative had multiple fatal flaws (impossible-to-implement two-thirds-of-qualified-electors threshold, undefined 'special taxes,' no apportionment mechanism, co…
Can Idaho's parole commission schedule a parole hearing before an inmate's fixed minimum term has expired so the inmate can actually be paroled the day eligibility kicks in?
Yes. The AG concluded that the Commission for Pardons and Parole can hold an initial parole hearing before an inmate's determinate sentence runs out, so that release can happen on the eligibility date…
What kind of entity is Idaho's Water District 1 (the big Snake River district managed by the Committee of Nine), and who controls the water-bank money it collects?
Water District 1 is a state instrumentality created under Idaho Code § 42-604 to assist the Department of Water Resources. The watermaster cannot also act as district treasurer (the offices are incomp…
What does this Idaho AG opinion (1991-04-29) say about 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.?
STATE O F iDAHO OFFICE OF THE AlTORNEY GENERAL BOISE 83720.1000 ORNEY GENERAL TELEPHONE (208) 336.2400 TELECOPIER (208) 334.2530 NATURAL RESOURCES TELECOPlER (208) 334-263 0: Bruce Collier Sun Valley …
Does adding a new component to the Idaho State Water Plan (the Comprehensive State Plan: Payette River Reaches) count as a 'change' under article 15, § 7 of the Idaho Constitution, and may the Legislature act on it during its current session?
No, the Payette River Plan is not a 'change' under art. 15, § 7. 'Change' refers only to deletions or revisions of an existing plan; new geographic components are additions reviewed under sentence thr…
When the Idaho Legislature redistricts after the 1990 census, what limits do the federal Constitution, the Voting Rights Act, and the Idaho Constitution put on how it can draw districts?
The Fourteenth Amendment requires substantial population equality (overall range under 10% is presumptively safe). The Voting Rights Act prohibits diluting racial or language minority voting power. Th…
If the State Land Board acquires land already subject to a county zoning ordinance, must it manage the new state land in compliance with that ordinance, or do its constitutional school-trust duties override local zoning?
The Land Board does not have to comply with local zoning when managing state endowment lands. Its constitutional duty under article 9, §§ 7-8 to maximize long-term financial return for the named benef…
Can the Idaho Legislature retroactively amend tax statutes (H.B. 92 and H.B. 94) to undo two recent Idaho Supreme Court decisions that authorized refunds, or does that violate due process, the contract clause, art. 11 § 12, or separation of powers?
The bills should survive due process, contract clause, and art. 11 § 12 challenges, but the AG concluded a separation-of-powers attack would likely succeed because retroactively rewriting the statutes…
What does Idaho AG Opinion 91-1 (state's compelling interest in protecting potential human life from fetal drug abuse) say?
Idaho AG Opinion 91-1 (Feb. 1, 1991) addressed the state's compelling interest in protecting potential human life from fetal drug abuse against a woman's privacy interest. Full text is unavailable fro…
Can an Idaho school district sell new refunding bonds at a premium (above par) to free up cash for the refunding escrow without first holding a two-thirds bond election under article 8, § 3 of the Idaho Constitution?
Yes, as long as the refunding produces a net present value savings to the district and the premium is used for refunding purposes. Refunding bonds change the form of an existing debt rather than creat…
When the Idaho Senate is evenly split between Democrats and Republicans, can the Lieutenant Governor break a tie on organizational matters like the election of the Senate President Pro Tempore?
Yes. Article 4, § 13 of the Idaho Constitution expressly empowers the Lieutenant Governor to vote when the Senate is equally divided. The grant is unqualified and covers organizational votes (electing…
Can a city like Boise require the State of Idaho to pull a city building permit, or pay city plumbing and electrical inspection fees, before constructing or remodeling a state building inside city limits?
No. The Idaho legislature has fully occupied the field of state-owned building construction (Idaho Code § 67-5711). City building, electrical, and plumbing codes do not apply to state projects, and th…
Who hires and fires the staff of the Idaho POST Academy: the POST Council or the Director of the Department of Law Enforcement?
The Director of the Department of Law Enforcement. The POST Council sets training standards but has no statutory authority to hire or fire staff, so the default rule of Idaho Code § 67-2705 (departmen…
What does this Idaho AG opinion (1990-06-22) say about Director of Dept. of Law Enforcement is appointing authority of Idaho Racing Commission.?
Source PDF unavailable. The Idaho AG opinions index lists this opinion at https://ag.idaho.gov/content/uploads/2018/04/OP90-03-1.pdf but that URL serves the text of Opinion 90-3 (concealed weapons) in…
Was Idaho's 1990 concealed-weapons licensing statute constitutional?
No. The AG concluded that Idaho Code § 18-3302 was void for vagueness in nearly every operative provision: who qualifies, what 'sport' or 'travel' means, who decides on revocation, when the outdoors-e…
Does Idaho's penny-per-gallon fee on petroleum delivery, used to fund underground-tank cleanup insurance, illegally divert money that the state Constitution earmarks for highways?
No. The AG concluded the one-cent transfer fee is a regulatory fee tied to the cost of cleanup insurance, not a tax on motor-vehicle fuel. Even if a court called it a tax, it would tax the act of deli…
Does interest earned on Idaho hunting and fishing license revenue belong to the Fish and Game Account or to the state general fund?
It belongs to the Fish and Game Account. A 1989 amendment to federal regulations (50 C.F.R. § 80.4) defined license revenue to include the interest it earns. Because Idaho accepts Pittman-Robertson an…
Can Idaho counties spend boat-registration money on roads, restrooms, picnic areas, or campgrounds at a lake?
Mostly no for the County Vessel Fund: it pays only for water-based recreational boating improvements (docks, ramps, pumpouts, trailer parking) and boating law enforcement. The State Waterways Improvem…
Is the state Centennial Commission on the hook if a local committee's centennial picnic causes injuries or runs up unpaid bills, and are the volunteers personally liable?
Generally no on both counts. Local centennial committees were appointed by counties and run independently, so neither contract nor tort claims would normally reach the state Commission. The Commission…
If a disaster strikes inside an Idaho city, can the county sheriff or county commissioners take charge under the county's emergency plan?
No, not unilaterally. The Idaho Constitution (art. 12, § 2) keeps counties out of incorporated cities' affairs. Counties must plan for disasters, cities are only encouraged to. When an emergency happe…
Where does the interest earned on Idaho's gas-tax and vehicle-registration revenue belong, the highway fund or the general fund?
The highway fund. Idaho Const. art. 7, § 17 dedicates motor-fuel and vehicle-fee revenue to highways and bars diversion to any other purpose. The AG concluded that interest earned while the state hold…
Can Idaho cities and counties spend tax money on AIC/IAC dues and lobbying, and are those associations' records open to the public?
Yes for dues and lobbying that serve a public purpose. No, the associations themselves are private nonprofits whose internal records are not public records — but copies kept in a city or county office…
What duty does an Idaho prison owe inmates and guards when some prisoners test positive for HIV?
The Idaho Department of Corrections owed a duty of reasonable care, which the AG concluded was satisfied by mandatory testing on entry, education and counseling, medical treatment, and strict confiden…
Could Idaho's college work-study program legally pay students attending religious or church-affiliated colleges?
No. The 1989 AG opinion concluded that the Idaho College Work Study Program, as applied to postsecondary institutions controlled by a church or religious denomination, violated article 9, § 5 of the I…
Did the State of Idaho itself have to pay the new monthly 911 telephone-line charge that counties used to fund emergency communications systems?
The 1989 AG opinion concluded the State did not have to pay. The Emergency Communications Act 'line user fee' was actually a tax, not a fee, and likely a tax in lieu of property tax that Idaho Const. …
When does an Idaho state public-works project require competitive bidding through the Division of Public Works, and can the state do the work in-house instead?
The 1989 AG opinion concluded the Division of Public Works had jurisdiction over construction, alteration, equipping, or repair projects costing more than $5,000, and competitive bidding under Idaho C…
Can Idaho counties team up with counties in Utah and Wyoming to build a Bear River water project, and can the Water Resource Board issue bonds to fund Idaho's share?
The 1989 AG opinion concluded that Idaho counties could enter joint water-project agreements with Utah and Wyoming counties for irrigation or drainage (but not hydroelectric power), and the Water Reso…
When the state holds an 18-month review hearing to decide a foster child's long-term placement, does Idaho's Administrative Procedure Act govern the hearing?
No. The 1988 AG opinion concluded that the Idaho APA applies only to 'contested cases' (proceedings where an agency determines legal rights, duties, or privileges). Permanency planning hearings did no…
Can an Idaho craft brewery with a brew-pub license sell its beer directly to other restaurants and stores without also getting a wholesaler's license?
Yes. The 1988 AG opinion concluded that Idaho Code § 23-1003 allowed Idaho-licensed brewers producing under 30,000 barrels a year to sell directly to retailers without a wholesaler's license. The conf…
Where exactly is the Idaho-Oregon and Idaho-Washington border on the Snake River, and how far do Idaho's police, courts, and civil laws reach across the water?
The 1988 AG opinion concluded that Idaho's boundary on the Snake River sits at the middle of the main navigable channel (the 'thalweg'), and Idaho's full civil and criminal jurisdiction reaches every …
Can an Idaho landowner who leases their land to someone else for grazing still hold the water right that supplies the stock with water?
Yes. The 1988 AG opinion concluded that Idaho Code § 42-114 did not prohibit issuing a stock-watering permit to a landowner who leases the land to a stockman. The appurtenance rule of Idaho Code § 42-…
Can Idaho require employers operating on tribal reservations to carry workers' compensation, and can the state enforce that requirement against tribal governments themselves?
The 1988 AG opinion concluded that 40 U.S.C. § 290 extends Idaho's workers' compensation laws to all federal lands within the state, including reservations, and reaches non-tribal employers there. Tri…
If an Idaho water right holder files to change the point of diversion or place of use, does that filing pause the five-year forfeiture clock for nonuse?
No. The 1988 AG opinion concluded that filing a transfer application did not toll the five-year forfeiture clock under Idaho Code § 42-222(2). For water placed into the state water supply bank, the AG…
Could the City of Cascade upgrade its water system without holding a special election, even though the project cost more than the city's annual budget?
The 1988 AG opinion concluded that under *Asson v. City of Burley* and *City of Pocatello v. Peterson*, the proposed Cascade water system improvements (distribution upgrades, treatment plant repairs, …
Does the long earth embankment around the southern end of Mud Lake count as a 'dam' under Idaho's Dam Safety Act, and could the state be sued if the Water Resource Board failed to regulate it?
The 1988 AG opinion concluded that the Mud Lake embankment qualified as a dam under Idaho Code § 42-1711(b) because it stored more than 50 acre-feet of water. Idaho Code § 42-1710 mandated regulation …
Could Idaho's endowment fund managers earn extra income by lending out the state's stocks and bonds, or by selling 'covered call' options on those securities?
The 1988 AG opinion concluded the Endowment Fund Investment Board could constitutionally enter securities lending agreements and sell covered call options if the legislature authorized those transacti…
Did Idaho's Board of Nursing need to get the Board of Medicine's joint approval before adopting rules for certified registered nurse anesthetists?
No. The 1987 AG opinion concluded that a Certified Registered Nurse Anesthetist (CRNA) is not a 'nurse practitioner' under Idaho Code § 54-1402(d). The Board of Nursing could promulgate rules governin…
Under Idaho law, when can a creditor charge a late fee on a credit card or other consumer credit account, and how does the late fee have to be disclosed?
The 1987 AG opinion concluded that late charges may be lawfully imposed on open-end credit accounts (such as credit cards) as part of the finance charge. For interest-bearing consumer credit transacti…
When the office of county prosecuting attorney falls vacant, who fills it, and what happens if the county can't find a qualified replacement?
The 1987 AG opinion concluded that the board of county commissioners has the duty under Idaho Code § 59-906 to fill a vacancy in the prosecuting attorney's office with a person qualified to be elected…
When an Idaho prisoner had multiple consecutive sentences and was eligible for parole on the first one, could the parole board release them onto parole while still keeping them in prison to serve the next sentence?
The 1987 AG opinion concluded yes, for crimes committed before February 1, 1987 (the effective date of the Unified Sentencing Act). The Commission of Pardons and Parole could parole an inmate from an …
Did Idaho's Medicare supplement insurance law cover policies sold to disabled people on Medicare, or only people on Medicare 'by reason of age'?
The 1987 AG opinion concluded that Medicare supplement policies could be sold to persons eligible for Medicare by reason of disability (not just by age), and the Director of the Department of Insuranc…
Did Idaho's law requiring AIDS testing of incoming prisoners apply to existing inmates, and could prison officials keep an AIDS-positive prisoner quarantined past the end of their sentence?
The 1987 AG opinion concluded that Idaho Code § 39-604 required AIDS testing only for incoming inmates entering a detention facility, with the state covering medical costs at state facilities. AIDS-po…
Could the Idaho Board of Correction release inmates early to relieve overcrowding, and could it use long-term work furloughs to do the same thing?
The AG concluded the Idaho Board of Correction had no power to do an outright early release of inmates. The Commission of Pardons and Parole was the only body that could parole or pardon. The Board co…
If an Idaho boarding school keeps kids 24 hours a day for therapeutic and educational programs, does it have to be licensed under Idaho's child-care licensing law?
The AG concluded that a boarding school providing 24-hour group care for children under 18 was subject to Idaho's Child-Care Licensing Act, even when the program also offered education and therapy. Th…
Can the Idaho legislature kill an approved minimum stream flow application just by passing a concurrent resolution?
No. The 1987 AG opinion concluded that the provision in Idaho Code § 42-1503 allowing the legislature to reject an approved minimum stream flow by concurrent resolution would be found unconstitutional…
Whose job is it to attend Idaho district and magistrate courts: the sheriff, or court-appointed bailiffs and marshals?
The AG concluded the sheriff had primary statutory duty to attend Idaho district and magistrate courts. There was no statutory authority for courts to appoint bailiffs, marshals, constables, or specia…
Did the 'exclusive franchise' language in the Idaho telephone deregulation bill (H.B. 149) violate the Idaho Constitution's right of telephone companies to construct lines?
The AG concluded H.B. 149's 'exclusive service area franchise' language could be read constitutionally if it meant existing certificates were preserved as valuable property rights, subject to administ…
What happens if an Idaho sheriff lets a deputy keep working as a peace officer without P.O.S.T. certification past the one-year deadline?
The AG concluded that under Idaho Code § 19-5109(b), a peace officer must complete P.O.S.T. certification within one year of employment. Failure exposed the deputy, the sheriff, the county commissione…
When filing a UCC financing statement on Idaho farm products, do you need a full legal description of the land, or is the county name enough?
The AG concluded that for an Idaho UCC-1 farm products financing statement, naming the county where the products are produced or located was a legally sufficient description of real estate. A full leg…
When does an Idaho felony conviction count as a 'conviction' under the federal Gun Control Act, especially after probation, parole, or a withheld judgment?
The AG concluded a person with a federal Gun Control Act-disqualifying Idaho felony stays disqualified after release from prison, probation, or parole, even after restoration of civil rights. Pardons …
Can Idaho's governor, attorney general, or other elected executive officers cash out unused vacation leave when their term ends?
No. The AG concluded elected officials of Idaho's executive branch (governor, secretary of state, state auditor, treasurer, attorney general, superintendent of public instruction) could not receive ca…
Was Idaho's lower wine excise tax on Idaho-produced wine constitutional, and could distributors of out-of-state wine get a refund?
The AG concluded Idaho's lower 20-cent-per-gallon excise tax on in-state wine (versus 45 cents on out-of-state wine) was an unconstitutional Commerce Clause violation under the U.S. Supreme Court's 19…
Can an Idaho school district create or run a nonprofit corporation to accept donations and tax-credit gifts for the schools?
No. The AG concluded a school district could not create or be on the board of a nonprofit corporation to manage school gifts. Private individuals could set up an independent foundation, and gifts to t…
When school district employees opted into a cafeteria plan, did the employer-paid premiums count as 'salary' for PERSI retirement contributions and benefits?
Only as to the cash-elect portion. The AG concluded that under Idaho Code § 59-1302(31), as amended in 1984, cafeteria plan amounts were included in 'salary' to the extent the employee had a right to …
Could Idaho require students to live in Idaho for five calendar years before they could be certified for state-funded special graduate programs like WAMI medical or WICHE veterinary education?
No. The AG concluded that Idaho Code § 33-3717(8)'s five-year residency requirement violated equal protection under the Fourteenth Amendment. The state could impose a reasonable durational residency r…
What authority did Idaho's county commissioners have over deputies and assistants of other elected county officers, and could commissioners hire their own staff or create new offices?
The AG concluded county commissioners can set salaries and authorize appointments for deputies and assistants of other elected officers, and can adopt countywide pay scales and FLSA-compliant work-hou…
Was the Idaho law forcing the legislature to wait for an advisory popular vote before ratifying U.S. constitutional amendments enforceable?
Only partly. The AG concluded the nonbinding advisory referendum itself was constitutional, but the requirement that the legislature defer ratification until after that referendum conflicted with Arti…
Could Idaho's Plumbing Division issue plumbing permits to people who were not licensed plumbers?
Yes, in limited circumstances. The AG concluded the Plumbing Division had authority under chapter 26 of title 54 to issue permits to non-licensed individuals or firms when needed to protect public hea…
Did the Coeur d'Alene police have to disclose all of their investigation records to the public or news media on request?
No, not all of them. The AG concluded that Idaho Code § 9-335 (Supp. 1986) exempted certain investigatory records compiled for law enforcement purposes if disclosure would interfere with proceedings, …
Can an Idaho legislator take office as a county prosecuting attorney without resigning the legislative seat first, and can a sitting prosecutor still run for the legislature?
No to the first; yes to the second. The AG read Idaho Code § 31-2601 to bar a prosecuting attorney from holding any other county or state office during the prosecutor's term, so a legislator must resi…
Did Idaho's 1978 right-to-bear-arms amendment make the law banning uncased-firearm possession by unlicensed people in fields and forests unconstitutional?
No. The AG concluded that Idaho Code § 36-401 punishes hunting (or attempted hunting) without a license, not mere possession of a firearm. Read with criminal-act and criminal-intent requirements, it d…
After H 708 extended Idaho liquor-by-the-drink hours to 2 a.m., could counties also extend beer and wine sales to 2 a.m. by ordinance?
No. The AG concluded that H 708 extended only liquor-by-the-drink sales (and added a 30-minute consumption grace period for that category). Beer and wine sales still had to end at 1 a.m., and the grac…
Did Idaho's sick pay plans qualify state employee sick payments for exclusion from Social Security wages between 1978 and 1981?
Yes. The AG concluded that Idaho's mandatory statutory sick leave plans for both classified and nonclassified employees met the requirements of 42 U.S.C. § 409(b), so payments on account of sickness d…
Could Idaho state employees, board members, or elected officials be held personally liable when the state's self-insurance ran out of money to pay tort judgments?
Generally no. Under the Idaho Tort Claims Act, the governmental entity (not the Insurance Division) had the duty to defend and indemnify employees acting within the course and scope of their employmen…
Could Idaho legally bar unlicensed people from calling themselves 'accountant' or 'auditor' on advertising or business cards?
Yes. The AG concluded the legislature could restrict the title 'accountant' (and similar terms) to licensed CPAs and PAs without violating due process, equal protection, or commercial-speech rights. T…
Did Idaho's Open Meeting Law require the Commission of Pardons and Parole to hold its parole and pardon hearings in public, and did it allow voting in private?
Yes to public hearings; no to private voting. The AG concluded the Commission was a 'public agency' under Idaho Code § 67-2341 and had to open all meetings except those properly conducted in executive…
Were Idaho cities, counties, school districts, and other political subdivisions required to carry mandatory automobile liability insurance under Idaho Code § 49-233?
No. The AG concluded that political subdivisions were exempt from the mandatory auto liability insurance laws because § 49-1533 expressly exempts state and local government vehicles from the financial…
Did Idaho's Department of Labor and Industrial Services need legislative appropriations each year before spending money in its dedicated electrical, plumbing, and building code fund accounts?
Yes. Even though the statutes creating the dedicated accounts contained 'perpetually appropriated' language, the AG concluded that chapter 35 of title 67 required annual budgeting and appropriation. T…
Could Idaho enforce its Relative Responsibility law (requiring adult children, spouses, and parents to repay Medicaid nursing home costs) consistent with the federal Social Security Act?
Only with a federal waiver, and even then with significant collection limits. The AG concluded a § 1115 waiver could authorize a demonstration project but that Idaho still could not reach non-resident…
How should Idaho's Department of Finance handle records and unclaimed funds from long-defunct banks and savings and loans, given the interplay between the state records management law, the Bank Act, and the Unclaimed Property Act?
Bank records the Department no longer needs may be destroyed or transferred to the State Historical Society under Idaho Code §§ 67-5751 through 67-5753 (with court-ordered destructions controlling whe…
Could the Governor of Idaho appoint a sitting judge to the Children's Trust Account Board?
No. The AG concluded that appointing a member of the judiciary to the Board would violate the separation of powers clause in Article 2, § 1 of the Idaho Constitution. The Board's duties are executive,…
Could Idaho's Endowment Fund Investment Board legally invest permanent endowment funds in money market mutual funds, and what was the State Treasurer's role in questioning those investments?
Yes, with two conditions. Money market mutual funds whose assets are limited to U.S. or U.S. agency obligations are permissible if (1) the fund unconditionally guarantees full repayment of principal a…
When Idaho put 10% of timber, grazing, and recreation site lease income into a special fund for state land maintenance, did interest on those endowment-derived dollars belong to the general fund or to the endowment lands themselves?
To the endowment lands. The AG concluded that to avoid violating the constitutional land grant provisions, the special fund created by § 58-140 should be moved from the state operating fund to the age…
Could the Idaho Water Resource Board issue revenue bonds to finance a stand-alone hydroelectric project that did not provide irrigation or other water-development benefits?
Yes. The AG concluded that Idaho Code § 42-1734(x) authorized the Water Resource Board to issue revenue bonds and loan the proceeds to a local water-project sponsor for a hydroelectric project, and th…
Does an unpaid personal-property tax lien wipe out a bank's earlier purchase-money security interest in the same equipment?
Yes. The AG concluded that Idaho personal-property tax liens have first priority, even ahead of prior perfected purchase-money security interests under UCC Article 9. The result followed from Article …
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Attorney general opinions in Idaho are written by the Idaho Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.