1975 Opinions

Please note that the following list of Opinions is for reference only. The actual Opinions are not available from our website. However, they can be found in the volumes of the 1975 Idaho Attorney General's Opinions and Annual Report.

Administration
Opinion 3-75 - Treatment of group insurance and surplus deficit.

Opinion 51-75 - Legality of lease-purchase contracts by states.

Opinion 70-75 - Legality of Multiple Awards Contracts.

Administrative Procedure Act
Opinion 9-75 - Hearings by Department of Labor and Industrial Services not subject to A.P.A.

Agriculture
Opinion 73-75 - Slaughter and sale of beef.

Banking
Opinion 56-75 - Public bodies required to deposit money with depository located within the depository unit/FDIC Insurance limits not withstanding.

Banks
Opinion 21-75 - Legality of automated tellers.

Opinion 24-75 - City must bank within city limits.

Bar Association, State
Opinion 36-75 - Legality of interim billing.

Cities
Opinion 24-75 - City must bank within city limits.

Commissions and Boards
Opinion 16-75 - Gubernatorial appointment to fill vacancy.

Opinion 25-75 - A board’s dealing with a member of the board may constitute breach of fiduciary duty.

Counties
Opinion 2-75 - County commissioners to pay court filing fee.

Opinion 18-75 - County required to have zoning commission.

Opinion 67-75 - County must collect school district levy.

Education
Opinion 8-75 - Legality of state financed kindergartens.

Opinion 26-75 - Education qualifications – school district elections.

Opinion 39-75 - Kindergarten attendance not included in computing district’s average daily attendance.

Opinion 59-75 - State Board of Education controls junior colleges.

Opinion 67-75 - County must collect school district levy.

Elected Officials
Opinion 3-75 - Treatment of group insurance and deficit.

Opinion 16-75 - Appointment to fill vacancy at Pea and Lentil Commission.

Opinion 48-75 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Opinion 53-75 - Voting member of Land Board.

Elections
Opinion 6-75 - Propriety of taxing unit spending funds to promote bond election.

Opinion 26-75 - Election qualifications – school district elections.

Opinion 28-75 - Sunshine Act – “Political Committee” defined – Certification of political treasurers.

Opinion 42-75 - Elector’s registration cancelled for failure to vote for four years.

Opinion 68-75 - Legality of “Head to Head” statute – Election of state representatives.

Endowment Lands
Opinion 25-75 - Conflict of interest.

Finance
Opinion 13-75 - I.S.A. may apply to cooperative marketing associations.

Governor
Opinion 16-75 - Appointment to fill vacancy at Pea and Lentil Commission.

Opinion 53-75 - Voting member of Land Board.

Health and Welfare
Opinion 35-75 - Tax Commission may obtain records from Bureau of Vital Statistics.

Opinion 37-75 - Appropriation to the Department of Social Services.

Opinion 38-75 - District health departments are state agencies subject to purchasing laws.

Opinion 61-75 - Protective custody prior to commitment.

Hospitals
Opinion 7-75 - Hospital Board meetings and records.

Insurance
Opinion 3-75 - Treatment of group insurance surplus and deficit.

Opinion 27-75 - Insurers writing automobile liability insurance are members of joint underwriting association for medical malpractice insurance.

Opinion 47-75 - Medical Malpractice Insurance.

Opinion 71-75 - Idaho Broker – Counter signature provisions.

Labor and Industrial Services
Opinion 9-75 - Hearings by Department of Labor and Industrial Services not subject to A.P.A.

Law Enforcement
Opinion 15-75 - Issuance by phone of search warrants.

Opinion 23-75 - Right of private citizen to make arrest.

Opinion 52-75 - Lotteries defined and analyzed.

Opinion 61-75 - Protective custody prior to commitment.

Opinion 65-75 - “Felony Murder” Rule.

Opinion 72-75 - Sheriff not allowed extra fee. Service contract with city.

Legislature
Opinion 1-75 - Subpoena power of Finance-Appropriations Committee.

Opinion 4-75 - Power of Legislative Committee.

Opinion 10-75 - Procedures required and allowable in verification of amendments.

Opinion 40-75 - Taxable income of Legislator. Deferred Compensation Plan.

Opinion 68-75 - Legality of “Head to Head” statute. Election of state representatives.

Liquor
Opinion 19-75 - Liquor Fund share to Auditorium Board.

Opinion 44-75 - Distribution of surplus in state liquor funds.

Opinion 49-75 - Latest census report used to allocate liquor funds.

Opinion 55-75 - Sale of liquor with broken seals – Discounts to military installations – Computation of surcharges and rebates.

Medicine, State Board of
Opinion 47-75 - Malpractice insurance.

Open Meeting Law
Opinion 7-75 - Hospital Board meetings and records.

Planning and Zoning
Opinion 5-75 - Lack of services justifies denial of rezoning request.

Opinion 18-75 - County required to have zoning commission.

Opinion 43-75 - Public hearing on zoning changes – Qualifications of commission members.

Public Employees
Opinion 11-75 - Collective bargaining right of state employees.

Opinion 40-75 - Deferred Compensation.

Opinion 75-41 - “Moonlighting” by state employees. Executive and administrative officers defined.

Opinion 57-75 - Comprehensive liability coverage for volunteers assisting state.

Opinion 58-75 - Legality of incentive awards.

Opinion 62-75 - Compensation for holidays.

Public Funds
Opinion 48-75 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Public Lands
Opinion 53-75 - Governor voting member of Land Board.

Public Utilities Commission
Opinion 30-75 - Effective date of law which suspends public utility rate increases prospectively only.

Public Works
Opinion 51-75 - Legality of lease-purchase contracts by state.

Opinion 60-75 - Subcontractor must hold license to be eligible to bid.

Revenue and Taxation
Opinion 12-75 - Legality of local option taxation.

Opinion 14-75 - Sales tax fund – City share.

Opinion 17-75 - Depreciation schedule – Licensing of pleasure boats.

Opinion 29-75 - Taxation of leased sprinkler pipe.

Opinion 33-75 - Assessed valuation – Calculation of “circuit breaker” tax relief.

Opinion 34-75 - Exemption of religious body.

Opinion 35-75 - Tax Commission may obtain records from Bureau of Vital Statistics.

Opinion 50-75 - Weather modification district.

Opinion 63-75 - Double assessment for property tax evasion.

Opinion 64-75 - Sales and use tax exemptions.

Opinion 66-75 - Property purchased by city not subject to delinquent property taxes.

Opinion 67-75 - County must collect school district levy.

Self-Regulating Agencies
Opinion 36-75 - Legality of interim billing.

Opinion 47-75 - Malpractice insurance.

Transportation
Opinion 32-75 - Road easements on state lands may not be acquired by adverse possession.

Opinion 69-75 - Powers of Highway Department commissioners.

Treasurer
Opinion 3-75 - Treatment of group insurance and deficit.

Opinion 48-75 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Water Resources
Opinion 20-75 - Bureau of Reclamation water rights for Ririe Dam subject to rights of prior appropriators.

Opinion 22-75 - Interstate water use.

Opinion 31-75 - Hayden Lake Irrigation District subject to State Board of Health.

Opinion 45-75 - Liability for Barber Dam.

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