Idaho Attorney General Opinions

Emergency Communications Act charges for funding 911 county emergency communication systems not intended to apply to state.

Budgetary and financing process for county fair boards.

Idaho Department of Health and Welfare must await state legislation required to conform with Medicare Catastrophic Coverage Act of 1988.

Jurisdiction of projects that cost more than $5,000, with some exceptions, resides in the department of administration, division of public works. Such projects must be competitively bid.

Water Resource Board has the authority to issue revenue bonds, separately or jointly with other compacting states, to fund Idaho’s share of joint water project on Bear River.

Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Small breweries holding brew pub license can sell to retailers without obtaining wholesaler’s license.

State’s full civil and criminal jurisdiction extends to all activities on Idaho side of main navigable channel of river forming state boundary.

Department may issue water right permit to landowner for stock watering purposes even though landowner leases land to another to graze stock.

Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Filing application for change of water right does not toll running of forfeiture period for nonuse of right.

Expansion of municipal water system is ordinary and necessary expense not requiring voter approval of debt.

Mud Lake embankment is a dam; Board must regulate it as such or be liable for damage cause by failure to regulate.

Endowment Fund Investment Board could constitutionally enter into securities lending agreements and sell covered call options, if legislation permitting such were enacted and if fiduciary obligations were met.

Rules governing conduct of certified nurse anesthetists need only be promulgated by Board of Nursing.

Imposition of late charges upon open-end credit accounts and interest-bearing consumer credit transactions; disclosure as “finance charges.”

Board of county commissioners has duty to fill vacancy in office of prosecuting attorney with election-qualified replacement.

For sentences imposed for crimes committed prior to February 1, 1987, Commission of Pardons and Parole may parole inmate from indeterminate sentence to consecutive sentence(s) remaining to be served.

Director of Department of Insurance has authority to regulate Medicare supplement insurance policies covering persons eligible for Medicare “by reason of disability.”

Testing, treatment and quarantine of state prisoners for AIDS.

Provision purporting to allow legislature to reject approved minimum stream flow application by concurrent resolution is unconstitutional.

Board of Correction has power to furlough prisoners; Commission of Pardons and Parole has sole power to release prisoners on parole, and to pardon or commute sentences.

Boarding school providing 24-hour group care is subject to child-care licensing act.

Duty of sheriff to attend courts; court authority to appoint court attendants other than sheriff.

Constitutionality of “exclusive franchise” language of proposed telephone deregulation bill, H.B. 149.

Peace officers must obtain P.O.S.T. certification and training within one year of employment.

To perfect security interest in farm products, designation of county alone is sufficient legal description of real estate.

For purposes of federal Gun Control Act, person remains convicted of felony after release from imprisonment, probation, or parole; however, person who satisfies conditions of a withheld judgment and has judgment expunged by court order is not a convicted felon.

Elected officials of state executive branch may not receive cash compensation for unused vacation leave at end of their term.

Higher tax on wines produced outside state of Idaho is unconstitutional.

School districts are prohibited from creating or aiding any private corporation, profit or non-profit.

For retirement purposes, “salary” includes “cafeteria plan” benefits to extent employee has right to elect cash benefits under the plan.

Five year residency requirement for students who desire to enter special graduate programs is unconstitutional.

County commissioners may set salaries for then county officers, their deputies and assistants and may create a personnel system to set pay scales, regulate working hours and perform similar functions.

Provision that legislature defer action on ratification of amendments to U.S. Constitution until after popular referendum conflicts with Art. V. of the U.S. Constitution and therefore is a nullity.

Plumbing Division of State Department of Labor and Industrial Services has authority to issue permits to non-licensed individuals.

Certain law enforcement investigation records are exempt from disclosure under Freedom of Information Act.

Prosecuting attorney may not serve concurrently as member of Idaho Legislature.

Prohibition against possession of uncased firearm by person in forest and fields intending to hunt without a license does not violate art. 1, § 11, of Idaho Constitution.

1985 amendment to title 23, Idaho Code, did not allow beer and wine sales after one o’clock a.m.

For purpose of Social Security Act [42 U.S.C. § 409(3)], State of Idaho must meet sick pay exclusion requirements.

The state must defend and indemnify claims brought against employees under Idaho Tort Claims Act.

Legislature may restrict use of word “accountant” to licensed and certified individuals.

Commission of Pardons and Parole is subject to Open Meeting Law and required to open all meetings to public except those conducted in executive session.

Cities, counties and other political subdivisions of the state are not subject to automobile insurance liability laws.

Dedicated fund divisions of Department of Labor and Industrial Services must go through statutory budgeting and appropriation procedures before expending dedicated funds.

Provisions of Relative Responsibility Law, requiring relatives to repay nursing home expenses under Medicaid, violate Social Security Act.

Unclaimed Property Act – Finance, Department of – Bank Act, Records – Central Records Management.

Appointment of member of judiciary to Children’s Trust Account would violate separation of powers clause.

Permanent endowment funds may be invested in money market mutual funds provided fund unconditionally guarantees full repayment of principal and interest and state does not directly or indirectly become stockholder in any association or corporation.