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.
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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…
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…
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…
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…
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…
If Idaho voters had passed the 2010 medical marijuana initiative, would patients still face federal prosecution for possessing marijuana?
The AG said Idaho could create its own medical marijuana exemptions, but those exemptions would not limit federal prosecution or change federal housing and employment law. He cited cases involving…
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…
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…
Could Idaho voters pass a 2010 ballot initiative letting county sheriffs block IRS enforcement of federal income tax laws?
The AG said the initiative likely violated the Supremacy Clause by trying to block federal income tax enforcement. He separately said its criminal provisions might be unconstitutionally vague…
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 said the initiative might infringe judicial power under Idaho Const. art. V, § 13 and might violate the Supremacy Clause where it encouraged jurors to disregard federal law or precedent. He…
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…
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…
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…
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…
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…
What concerns did Idaho's AG raise about a 2010 property-rights initiative with a 120% payment rule?
The AG called the 120% payment provision permissible but warned it would likely increase government costs. He separately warned that the petition could not eliminate local police powers, that some…
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…
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…
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…
Could Idaho voters create a state-run electronic currency and 'private market exchange' through a 2010 ballot initiative?
The AG said a court would likely strike down the proposed state-controlled currency as an attempt to give Idaho a federal monetary power. Electronic cards and a state-controlled exchange would not…
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…
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…
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…
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…
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…
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…
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…
Does the Endowment Fund Investment Board have to apply trust-law fiduciary duties when guaranteeing Idaho school district bonds?
Yes. The board must apply prudent-investor, loyalty, and impartiality duties to the pledge as an investment. Given the projected loss of return, it had to charge offsetting fees if it chose to…
What drafting problems did Idaho’s AG find in the 2009 dog ear cropping initiative?
The AG warned that the proposal mixed misdemeanor and civil penalties, conflicted with existing enforcement provisions, and named district attorneys that Idaho did not have. He advised a clearer…
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…
What did the Idaho AG say about a 2009 permanent absentee voter initiative?
The AG said the initiative did not appear to raise significant legal issues. He recommended showing where the new language would go in Idaho Code § 34-1002 and underlining it to help petition…
Could a 2009 Idaho ballot initiative amend the Idaho Constitution to allow elective Bible curriculum in public schools?
Citizens could propose a statute by initiative, but could not initiate the constitutional amendment this petition sought. The AG also warned that a Bible curriculum law could face litigation under…
Could a 2008 Idaho ballot initiative require all debts, fines, taxes, and contracts to be paid only in gold or silver coin?
No. The Attorney General said Idaho could not declare gold and silver the only legal tender because Congress determines legal tender and has made Federal Reserve notes legal tender. The certificate…
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…
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…
Do Idaho's state CAFO laws preempt county regulation of confined animal feeding operations like dairies and feedlots?
Partly. Idaho law expressly authorizes counties to regulate where large CAFOs may locate. The AG said a court would likely uphold siting rules such as setbacks or livestock-density limits, but would…
Could Idaho require a statewide vote before issuing permits for new coal or nuclear power plants?
The Attorney General found serious legal problems with a 2008 proposal for statewide votes on coal and nuclear plant permits. The review questioned whether such votes fit Idaho's initiative and…
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…
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…
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…
What constitutional problems did Idaho’s AG find in the 2007 Public Employee Accountability Act initiative?
The AG said a court would likely find many provisions unconstitutional. He identified separate subjects in one measure, mandatory grand juries, impeachment deadlines, state funding without an…
What did Idaho's AG say about Ron Gillett's November 2006 wolf-regulation initiative?
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),…
Could one Idaho initiative change both eminent-domain law and the rules for regulatory takings?
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…
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…
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 filed a revised wolf-removal initiative on March 7, 2006. The AG said the revision addressed his earlier single-subject concern by limiting the proposal to wolf management. He…
What did Idaho's AG say about Ron Gillett's 2006 ballot initiative to 'remove' gray wolves from Idaho?
The Attorney General said the caption could mislead voters because state law could not remove wolves protected by federal law. Abolishing the Office of Species Conservation alongside wolf provisions…
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 AG said Idaho’s existing marriage statutes would probably survive a state constitutional challenge, while an amendment would bar that kind of challenge and strengthen the state’s stated policy…
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 urged clearer amendatory text and a more precise description of covered bodies. He found that the petition targeted the wrong fine subsection and warned its uncapped minimum fines might be…
Could an Idaho initiative raise the sales tax to 6% and dedicate the extra revenue to public schools?
The Attorney General said the proposal needed clearer rules for school spending, charter schools, and appropriation of the new fund. Its directions to future legislatures would have no legal effect…
Could an Idaho initiative cap primary-home property tax at one percent and require supermajority votes for tax increases?
The Attorney General said the proposed cap lacked a way to adjust levies, the two valuation methods conflicted with Idaho's constitutional property-tax rules, the state-tax voting restriction had no…
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 said the one-percent cap could not be implemented as written: no one was authorized to reduce and apportion levies to meet it. He also identified conflicting value rules, a likely…
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.…
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…
Could an Idaho initiative create an independent judicial accountability commission with power to review court decisions?
The AG predicted a court would likely strike down the initiative. Its independent commission would effectively be a fourth branch and would exercise powers of existing branches; the proposal’s many…
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…
Could Idaho voters require the Legislature to call for a federal marriage amendment convention before passing any new law?
The AG said a court would likely find the mandate impermissible. The initiative tried to make every legislative session call for a federal constitutional convention before passing any law, limiting…
Could Idaho allow video lottery terminals at selected horse-racing facilities without violating its gambling and local-law restrictions?
The AG predicted a court would likely treat the proposed terminals as prohibited slot machines. He also warned that limiting eligible facilities to seven counties would likely make the proposal a…
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 predicted a court would find all or part of the proposal unconstitutional or unenforceable. It would restrict Idaho’s budget and appropriations authority using an external school-funding…
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…
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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.