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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Could a 2003 Idaho initiative create an independent judicial accountability commission outside the three branches of government?
The AG said the proposed independent Idaho Judicial Accountability Commission would effectively be a fourth branch, contrary to Idaho Constitution art. II, § 1. He predicted a court would likely…
Could Idaho resort counties impose a local sales tax without repeating the constitutional flaw that invalidated an earlier county tax law?
The AG said the broader resort-county definition appeared to avoid the local-or-special-law defect that invalidated an earlier statute, and the proposal raised no apparent legal issue. Blaine County…
Could Idaho exempt food from sales tax by automatically following future changes to a federal food eligibility rule?
The AG warned that tying the exemption to future changes in a federal food regulation could be an unconstitutional delegation of Idaho’s legislative power. The draft also misidentified the…
Could an Idaho initiative let Fish and Game commissioners block legislative changes to the department’s budget?
The AG said voters could change the commission’s membership, regions and terms by initiative. But a separate provision requiring five commissioners to approve legislative budget amendments would…
Could an Idaho initiative strip judges of immunity and give a special grand jury power to review their decisions?
The AG predicted a court would likely strike down the initiative in full. The proposed Special Grand Jury would intrude on the courts’ authority, and the certificate also identified an ex post facto…
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…
Did Idaho's AG correct or supplement Opinion 01-4 on the Land Board's authority over the land bank fund?
Opinion 02-1 withdraws Opinion 01-4’s conclusion that sale costs may be deducted before proceeds enter the land bank fund. Idaho law requires all purchase money from endowment-land sales to go to…
Could Idaho voters restore ballot-access restrictions for state officials through a 2002 term-limits initiative?
The AG said the initiative appeared constitutionally permissible because it largely restored ballot-access limits the Idaho Supreme Court had upheld in Rudeen v. Cenarrusa. It would count…
Could Idaho voters reduce the Fish and Game Commission to five members and change how commissioners were nominated?
The AG said the initiative could make the proposed changes because the Fish and Game Commission was created by statute and initiatives are a form of legislative power. The certificate found no…
Could an Idaho voter initiative create a grand jury to review and remove judges?
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Could Idaho voters limit municipal annexation by requiring approval from a majority of property owners in the area before a city annexes it?
The proposal required approval from a majority of affected property owners before annexation. The AG said this could conflict with an existing annexation statute, did not explain how an election…
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…
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 initiative proposed four elected commissioners in place of seven district representatives, with only hunting- or fishing-license holders allowed to vote. The AG said a court would likely find…
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…
What wage rule would Idaho’s 1999 public works initiative have restored, and what change did the AG recommend?
The initiative proposed restoring a repealed public works wage rule. It would have required covered contracts to specify minimum rates and fringe benefits, using federal Davis-Bacon rates where…
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…
After Casey, did Idaho's abortion statutes and the 1998 draft legislation comply with U.S. Supreme Court constitutional standards?
The AG identified constitutional problems under the federal law as understood in 1998, including Idaho's second-trimester hospital requirement, lack of a health exception after viability, and broad…
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…
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…
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…
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…
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…
What problems did Idaho’s AG find in a 1997 term limits and lobbying initiative?
The AG said a court would likely void the initiative for combining separate subjects: local term limits and lobbying restrictions. He also warned that the broad lobbying ban might violate freedom of…
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…
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…
Why did Idaho’s AG find a 1997 plutonium initiative impossible to implement as written?
The proposal did not clearly say which agency would act or what it must do, and it left key terms undefined. The AG also warned that a ban conflicting with the NRC’s program would likely be preempted.
Did the 1997 redraft make Idaho’s one percent property tax initiative workable?
No. The AG said the proposal still lacked a way to implement its tax and budget limits. Its call for future enabling legislation could not require a later legislature to act.
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…
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…
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…
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…
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…
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…
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…
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…
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 constitutional or…
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?
A tribal officer needed state statutory recognition of tribal warrants and deputization to arrest off the reservation. For state officers, the AG said statutory authority plus an agreement with the…
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…
Why did Idaho’s AG warn against cutting the sales tax to 3% while keeping the use tax at 5%?
The AG said the different rates would tax typical out-of-state purchases more heavily than in-state sales, creating a serious Commerce Clause problem. He recommended lowering the use tax to 3% in…
Why did Idaho’s AG say a 1995 food, water, and clothing sales tax initiative needed redrafting?
The proposal amended only the sales tax statute, so Idaho’s use tax would still apply to food, water, and clothing. The AG recommended creating an exemption under § 63-3622 or amending the use tax…
What constitutional objections did Idaho’s AG raise to the 1995 initiative that would criminalize abortion after detectable fetal activity?
The AG advised that the proposed ban reached abortions before viability and violated the then governing Casey standard. The initiative’s language about protection under federal and state…
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…
Could a 1995 Idaho ballot initiative raise the minimum wage to $6.25, eliminate the tip credit and overtime exemptions, and bring farmworkers, domestic workers, outside salespeople, and some minors under the wage law?
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…
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?
The AG said the $500 credit might pass constitutional review, although the federal and Idaho questions were debatable. Because the credit went to parents who did not use Idaho public schools, the…
Could Idaho voters bar sexual-orientation protections and restrict school and library speech through the 1995 Family and Child Protection Act?
The AG declined to decide whether the minority-status provision was constitutional while the Evans case was pending before the U.S. Supreme Court. The opinion found substantial First Amendment…
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?
The AG concluded that the proposed 13-week ban appeared unconstitutional as applied before fetal viability. The opinion also warned that the proposal might be too restrictive even after viability…
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?
The AG said the one-word change might not achieve the stated goal of letting teachers choose a negotiating agency. Although the proposal made negotiations appear optional under § 33-1271, § 33-1273…
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…
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…
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.…
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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.