Idaho Attorney General Opinions

If a church qualifies as a nonbusiness entity and spends more than $1,000 in support of or in opposition to a ballot initiative as an exercise of that church’s religious beliefs, the application of FERPA would prohibit the State, including the Secretary of State, the Attorney General, county clerks, and county prosecuting attorneys, from enforcing Idaho Code § 67-6606(1)(b) by requiring the church to disclose its donors’ identities.

Initiative Petition to Legalize the Use of Medical Marijuana.

Initiative to Provide a Sales Tax Exemption for Food.

Initiative to Provide a Sales Tax Exemption for Food.

Re-submitted Initiative Petition to Provide a Right to Reproductive Freedom and Privacy (Right to Abortion Until Fetal Viability).

Initiative Petition to Provide a Right to Reproductive Freedom and Privacy (Right to Abortion Until Fetal Viability).

University of Idaho Board of Regents scope of authority and whether it may acquire, own, or operate a private institution of higher education such as the University of Phoenix, by creating or authorizing the creation of a corporation.

The No Public Funds for Abortion Act’s prohibitions on using public funds to “promote” or “counsel in favor of” abortion do not prohibit employees of public institutions of higher education from engaging in speech related to abortion within their academic teaching and scholarship.

The Public Integrity in Elections Act generally prohibits public funds, resources, or property to be used to advocate for candidates or ballot measures. However, there is an exemption that allows political parties to use public facilities in a manner consistent with their function so long as all political parties are given “equal and fair access” to the public facility.

Idaho law does not authorize school districts to impose concurrent plant facilities levies.

Petition for initiative on Idaho's primary elections and "ranked choice voting".

Attorney General’s authority to prosecute criminal abortion under Idaho Code Sec. 18-622.

Proposed Initiative Creating New Medical Marijuana Act by Adding Chapter 97 to Title 39, Idaho Code, to Legalize the Use of Medical Marijuana.

Idaho’s law regarding statutory construction and interpretation dictate that individuals can claim the full homestead exemption—not subject to proration—at any time during the year.

Initiative Amending Title 37, Idaho Code, to Legalize the Private Possession, Use, and Transfer of Three Ounces or Less of Marijuana by Persons at Least Twenty-One Years of Age.

Initiative Amending Title 44, Chapter 15, Idaho Code, to Increase the Minimum Wage to $12.

Initiative Amending Titles 63 and 33, Idaho Code, to Increase Individual and Corporate Income Tax for Supplemental Funding for K-12 Education.

Referendum on Senate Bill 1110, to Approve or Reject Increasing the Geographic Signature Requirement on a Petition for Initiative or Referendum.

Proposed Initiative Repealing Idaho Code § 34-1805 and Enacting New Idaho Code § 34-1805.

Proposed Initiative Creating New Medical Marijuana Act by Adding Chapter 97 to Title 39. Idaho Code. to Legalize the Use of Medical Marijuana.

Initiative Amending Titles 63 and 33, Idaho Code, to Increase Income Tax for Supplemental Funding for K-12 Education.

Initiative Amending Title 39, Idaho Code, by Adding New Chapter to Authorize the Use of Medical Marijuana.

Initiative Amending Title 34, Chapter 18, Idaho Code, Revising the Process of Enacting Initiatives and Conducting Referendums.

Initiative Amending Title 39, Idaho Code, by Adding New Chapter to Authorize the Use of Medical Marijuana.

Initiative Amending Title 44, Chapter 15, Idaho Code, to Increase the Minimum Wage.

Initiative Amending Title 44, Chapter 15, Idaho Code, to Increase the Minimum Wage.

Initiative Amending Title 44, Chapter 15, Idaho Code, to Increase the Minimum Wage

The USDA’s request for a contractual indemnity in permits with the IDFG for USDA sites is contrary to Idaho law as state agencies do not have authority to approve of an expenditure of public funds. Public funds must be approved by both the Idaho legislative and executive branches.

In light of the Supreme Court’s reasoning in the 2017 Trinity Lutheran Church case, the practice of outright denying an otherwise publicly available benefit to a religiously affiliated applicant solely because of who or what the applicant is (i.e., a church, religiously affiliated university, etc.), as opposed to how the applicant will put the benefit to use (i.e., direct religious use versus resurfacing a playground to ensure safety of children), has been called into question. The determination now requires the weighing of several factors, including but not limited to: (1) whether the program is publicly available; (2) whether a religiously affiliated applicant is being excluded categorically because of who or what they are, as opposed to how the funds will be used; (3) whether the program provides direct or indirect aid to the institution; and (4) whether the student is the primary intended beneficiary of the benefit provided by the program.

Proposed Initiative Amending Title 54, Chapter 25 Idaho Code, to Authorize Historical Horse Racing as a Form of Pari-Mutuel Betting.

Initiative Adding a New Section to Idaho Code Mandating the State Expand its Medicaid Eligibility Criteria

An employee currently occupying a position with Rule of 80 status, whose position is reclassified to one that does not give rise to Rule of 80 status, does not lose the benefits he or she has already accrued. So long as the employee remains in that position until he or she retires, the employee will remain eligible for Rule of 80 status for retirement purposes.

Initiative Prohibiting the Performance of Abortions as Murder.

Initiative Related to Legalization of Medical Use of Marijuana.

Initiative Amending Idaho Sunshine Law to Limit Campaign Contributions By Persons Doing Public Business, to Amend Statutes Related to Bribery, and to Add a New Statute for Post-Employment Restrictions on Public Officials.

North Carolina Dental Exam’rs v. F.T.C. requires states to consider the makeup of state boards and commissions that are controlled by market participants and how to actively supervise them. Active state supervision is satisfied when a non-market participant state official has and exercises power to substantively review such entities’ decisions and determine whether the action at issue effectuates the state’s regulatory policies.

Because the penitentiary reserve lands are not "public lands" subject to the requirements of art. IX, sec. 8 of the Idaho Constitution, the disposition of the penitentiary reserve lands pursuant to Idaho Code § 58-337 does not conflict with the constitutional restrictions on disposition of "public lands" by the Land Board.

Proposed Initiative Amending the Idaho Sales Tax Statutes.

Initiative Related to “The College, Not Cancer Act” and the Modification of Tax Rates to Raise Revenue to Descrease Costs of Tuition at Public Universities and to Increase State Funding for Tobacco Cessation Programs.

Proposed Initiative Related to Idaho Sunshine Act to Limit Campaign Contributors to a State Office to Constituents of that Office.

Proposed Initiative Amending the Idaho Sales Tax Statutes.

Proposed Referendum Petition Related to Transportation Funding.

A state employee lobbyist who proffers gifts and/or benefits to legislators and/or executive officials should register and disclose his or her conduct as a lobbyist with limited exceptions.

Initiative Related to Legalization of Medical Use of Marijuana.

The University of Idaho should not obtain its own risk or property insurance unless it does so by paying premiums with moneys not derived in whole or in part from state funds. It may obtain its own risk or property insurance if it pays the premiums with money not obtained in whole or in part from state funds.

While the use of sale proceeds deposited in the land bank fund are strictly limited to the purchase of land and expenses associated with such purchases, Idaho Code § 57-723A(3) provides that the Department of Lands' administrative costs may be paid out of the earnings reserve fund. Since the expenses of selling endowment lands arise out of the Department's duty to administer endowment lands, such expenses are appropriately paid out of the Department's earnings reserve fund appropriation.

Individuals who have been committed as involuntary patients pursuant to Idaho Code §§ 66317, et seq., to a facility located in a county other than their county of residence before commitment do not become eligible to register to vote in the county of their commitment solely on the basis of their commitment to such a facility in the county.

Initiative Related to Proposed Amendments to the Idaho Sales Tax Statutes.

Initiative Related to a Proposal to Increase the Minimum Wage Rate.

Initiative Related to Legalization of Medical Use of Marijuana.