Idaho Attorney General Opinions

Initiative Petition to Privatize the Retail Sale of Alcoholic Liquor in the State of Idaho.

Proposed Initiative to Broaden the Sales Tax Base and Lower the Sales Tax Rate.

Proposed Initiative to Make Torture of Animals a Felony.

Referendum Regarding Reduction of School District Funding, Requiring Provision of Laptop Computers, and Requiring Online Courses for High School Graduation (SB 1184).

Referendum Regarding Performance Based Pay for Teachers (S1110).

Initiative Petition Regarding Broadening the Sales Tax Base and Lowering the Sales Tax Rate.

Because the Oil and Gas Conservation Act does not express, either explicitly or impliedly, an intent to preempt the operation of local land use planning authorities, such authorities may be applied to oil and gas developments if done in a manner consistent with the goals, objectives, and authorities of the Local Land Use Planning Act and in the absence of operational conflicts between the zoning ordinance and the OGCA or Oil and Gas Conservation Commission rules or orders.

Initiative Petition Regarding Legalization of Medical Use of Marijuana.

Initiative Petition Regarding State Sovereignty Act.

Initiative Petition Regarding Vaccination Choice Protection Act.

Initiative Petition Regarding Idaho Honest and Secure Money Act.

Initiative Petition Regarding Idaho Right to Protection Act.

The Legislature could expand the qualification requirements for sheriffs to include Police Officer Standards and Training (POST) certification.

Initiative Petition Regarding Arrest Authority.

Initiative Petition Regarding Health Supplements and Therapeutics Protection Act.

Initiative Petition Regarding Animal Cruelty.

The fiduciary duties of the Endowment Fund Investment Board require the EFIB determine that the investments represented by the Credit Enhancement Program will secure the maximum long term return to the endowment.

Initiative Petition Regarding Animal Cruelty / Ear Cropping

The Idaho Legislature does not have the authority to exempt leases of state endowment lands for single-family recreational cottage sites and homesites from the public auction requirement of Article IX, § 8, of the Idaho Constitution.

Initiative Petition Regarding Absentee Voting / Vote by Mail.

Initiative Petition Regarding Bible Curriculum.

Initiative Regarding Legal Tender in Payment of Debts.

Idaho municipal corporations cannot enter into joint powers agreement to exercise municipality’s police power with any entity other than State of Idaho or its political subdivisions

Corrective action should be taken immediately upon recognition that an executive session has “drifted” from its stated purpose and governing bodies should implement an oversight mechanism to assist in preventing and recognizing “drift”

Legislature has authorized both counties and state to regulate confined animal feeding operations (CAFOs) with overlapping authority; although counties have authority to regulate siting of dairy and beef cattle CAFOs, county ordinances that seek to impose operational constraints on ongoing operation of CAFO after it is sited are likely preempted by state law.

Initiative Relating to Coal and Nuclear Power Plants in Idaho.

Initiative passed by city voters concerning law enforcement priorities is administrative rather than legislative in nature and likely not an allowable subject for an initiative and, therefore, is invalid.

Legal basis for Board’s practice of requiring exchange of 25-foot public use easement for grant of disclaimer of State’s interest in formerly submerged lands is in nature of settlement of private boundary dispute based upon competing proprietary claims; exchange does not constitute taking of private property for public purpose without just compensation because easement represents valuable consideration for State’s relinquishment of its claim to ownership of the parcel of land in dispute.

Initiative Regarding the Public Employee Accountability Act.

Initiative Relating to Wolf Regulation in Idaho.

Initiative Relating to Eminent Domain and Regulatory Takings.

Initiative Relating to Removal of Wolves from Idaho.

Initiative Relating to Removal of Wolves from Idaho.

Idaho Code §§ 42-234(2) and 42-4201A(2) do not create any vested rights or priorities in Idaho Power Co. because State, as trustee, holds legal title to water placed in trust and, in accordance with Swan Falls Agreement, State has the right to determine how trust water will be used.

Legal analysis of proposed amendment to Idaho Constitution concerning marriage.

Initiative to Amend Open Meeting Law.

Initiative to Increase Sales and Use Taxes and Apply Revenues to Public Education.

Initiative to Amend Idaho Code § 63-205 Relating to Property Tax.

Initiative to Amend Provisions Relating to Property Tax.

Creditor may be unable to collect on defaulted loan to married Idaho applicant after death of signing spouse if creditor relied on personal property to satisfy unsecured loan and surviving spouse did not sign promissory note or loan obligation.

Initiative to Amend Motor Vehicle Registration Law.

The Idaho Judicial Accountability Act of 2006.

Initiative to Repeal the Right to Work Law.

Initiative for Defense of Marriage Amendment.

Initiative to Amend Idaho State Video Lottery Terminal Law.

Initiative to Amend Idaho's School Funding.