Idaho AG Opinions — 1986

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.