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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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…
Can an Idaho resort city make sellers collect its local sales tax on ski lift tickets and building materials?
The AG concluded that the City of Sun Valley could require a seller to collect the city's local-option sales tax on ski lift tickets sold inside the city limits, and on building materials when title p…
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 addressed the state's claimed interest in protecting potential human life from fetal drug abuse against a woman's privacy interest. The Idaho AG now links a vLex Fastcase copy wh…
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 officer…
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…
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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.