1976 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 Idaho Attorney General's Opinions and Annual Report.

Agriculture
Opinion 76-63 - Definition of ice cream factory.

Auditor
Opinion 76-16 - Legality of deferred compensation.

Banks
Opinion 76-51 - Legality of stop payment in cashier’s check.

Bonds
Opinion 76-7 - Bond election ballot statement must be sufficiently definite to apprise voters of purpose and scope of improvements contemplated.

Building Authority, State
Opinion 76-39 - Propriety of S.C.R. 138/footage and dollar limitations for capitol mall.

Cities
Opinion 76-3 - Extent of Home Rule powers of Idaho cities.

Counties
Opinion 76-3 - Powers granted to cities and counties.

Opinion 76-8 - Board of County Commissioners may hire ministerial and clerical employees paid from board budget.

Opinion 76-13 - Legality of using county equipment for private work.

Opinion 76-25 - Legality of providing and funding temporary housing sites for disaster emergency.

Opinion 76-42 - Responsibility of prosecuting attorney to provide legal services for county and county boards. Right to hire outside counsel.

Opinion 76-58 - Formation of library districts.

Education
Opinion 76-6 - Conditions which justify search for drugs by high school administrator of student, locker, car, or school grounds.

Opinion 76-9 - Powers of Department of Labor & Industrial Services to enforce building codes for schools and state buildings.

Opinion 76-16 - Legality of deferred compensation.

Opinion 76-20 - Requirement of both spouses’ signatures on back of tax refund warrants.

Opinion 76-24 - Legality of Governor nominating or appointing lay person as Justice of Idaho Supreme Court.

Opinion 76-30 - Secretary of State prohibited from selling Idaho Code Books.

Opinion 76-32 - Consent of juvenile to be searched for criminal misconduct on school grounds.

Opinion 76-34 - Legality of purchase of aircraft by Governor’s office.

Opinion 76-51 - Legality of stop payment on cashier’s check.

Opinion 76-54 - Enrollment of non-resident students.

Opinion 76-65 - Requirement of University of Idaho to allot all appropriated and non-appropriated revenue. Power of University to spend revenues without approval of Board of Examiners or State Auditor.

Opinion 76-65 - Power of university to spend revenues without approval of Auditor or Board of Examiners.

Elections
Opinion 76-7 - Bond election ballot statement must be sufficient to apprise voters of purpose and scope of improvement contemplated.

Opinion 76-10 - Votes required to recall an official appointed rather than elected.

Opinion 76-45 - Defining rules for candidates filing under one party name but winning enough write-in votes to qualify for general election ballot under another party name.

Employment
Opinion 76-60 - Consideration of vacation and severance pay in determining unemployment tax and benefits.

Endowment Lands
Opinion 76-1 - State Board of Land Commissioners, not the beneficiaries, controls use of state endowment lands.

Environment
Opinion 76-44 - Pollution control devices exempt from taxation – Land not exempt.

Examiners, State Board of
Opinion 76-65 - Power of university to spend revenues without approval of Auditor or Board of Examiners.

Finance
Opinion 76-2 - Adjustment on consumer loan limits.

Fish and Game
Opinion 76-46 - Legality of the procedure for proxy voting by commission members.

Governor
Opinion 76-24 - Legality of Governor nominating or appointing lay person as Justice of Idaho Supreme Court.

Opinion 76-34 - Legality of purchase of aircraft by Governor’s office.

Health and Welfare
Opinion 76-25 - Funds available for emergency housing.

Opinion 76-52 - Legality of residency requirements for medical assistance.

Opinion 76-61 - Scope of ministerial fiscal duties concerning health districts.

Indians
Opinion 76-23 - Indians not eligible to participate in programs under U.S. Land and Water Conservation Act.

Opinion 76-57 - Taxation of cigarettes sold to non-Indians on reservation land.

Initiatives
Opinion 76-12 - Legality of amending state constitution by initiative.

Insurance
Opinion 76-1 - Adjustment of $25,000 limit for Group Life Insurance debtors is subject to Consumer Price Index.

Opinion 76-5 - “School Ring Extended Service Agreement” constitutes insurance subject to regulation by the Department of Insurance.

Opinion 76-26 - Brokers bond requirement does not apply to licensed brokers registered to firm.

Judicial
Opinion 76-24 - Legality of lay person serving as Justice of Supreme Court if appointed by Governor.

Opinion 76-28 - Effective date of increased filing fees.

Opinion 76-33 - Required and discretionary appropriations to district court fund. Options if fund is insufficient.

Opinion 76-49 - Responsibility for District Court Fund.

Labor and Industrial Services
Opinion 76-9 - Powers of Department of Labor and Industrial Services to enforce building codes for schools and state buildings.

Opinion 76-43 - Legality of reciprocal interstate agreements under U.S. Constitution, Idaho Constitution and statutory law.

Law Enforcement
Opinion 76-17 - Sheriff entitled to charge for return of service on Notice of Claim for Small Claims Court.

Opinion 76-21 - Right of criminal defendant in misdemeanor to be represented by non-lawyer.

Opinion 76-32 - Consent of juvenile to be searched on school property for criminal misconduct.

Opinion 76-42 - Responsibility of prosecuting attorney to provide legal services for county and county boards. Right to hire outside counsel.

Opinion 76-56 - Discretion of law enforcement officer to take intoxicated person to home or treatment center.

Legislature
Opinion 76-66 - Conflict of interest by state legislator.

Libraries
Opinion 76-19 - City libraries allowed to set aside one-half of income for building.

Opinion 76-58 - Petitions for library districts.

Medicine, Board of
Opinion 76-31 - Applicability of H.B. 489 to medical malpractice lawsuits.

Military
Opinion 76-62 - Appointment of counsel and compensation in servicemen’s absence.

Parks and Recreation
Opinion 76-14 - Right of way does not authorize use as park.

Planning and Zoning
Opinion 76-15 - Clarification of disclosure and disqualification due to conflict of interest on Planning and Zoning Board.

Opinion 76-25 - Legality of waiving ordinances for disaster housing.

Opinion 76-27 - Prohibitions on Planning and Zoning Commission membership.

Private Lands
Opinion 76-14 - Right of way not authorized for use as park.

Public Employees
Opinion 76-16 - Legality of deferred compensation.

Opinion 76-29 - Legality of state regulation concerning height and weight of newly hired firemen.

Opinion 76-36 - Age requirements for firemen.

Opinion 76-40 - Garnishment of city employees’ wages.

Opinion 76-47 - Ratio for granting compensatory time. Definition of executive, administrative and professional classes.

Opinion 76-48 - Legality of reallocation of pay grade classes by Personnel Commission.

Opinion 76-55 - Extra pay due to disaster emergency for county officials and employees.

Opinion 76-64 - Responsibilities defined in development of compensation plans for classified service.

Public Funds
Opinion 76-11 - Limitations upon use of monies in search and rescue fund.

Opinion 76-25 - Legality of providing and funding temporary housing sites for disaster emergency.

Public Lands
Opinion 76-4 - When liens may attach upon real and personal property pursuant to the Idaho Forest Practices Act.

Public Works
Opinion 76-9 - Power of Department of Labor and Industrial Services to enforce building codes re schools and state buildings.

Opinion 76-50 - Application of Building Code Act to existing buildings.

Opinion 76-59 - Building Code Act supercedes county building code.

Revenue and Taxation
Opinion 76-18 - Constitutionality of bill requiring assessor to prepare assessed value base and adjusted gross income base for county commissioners to fix tax levy.

Opinion 76-20 - Requirement of both spouses’ signatures on back of tax refund warrants.

Opinion 76-22 - Definition of real and personal property. Assessment of condominiums as personal or real property.

Opinion 76-33 - Two mill district court tax levy.

Opinion 76-37 - City of Grangeville entitled to revenue from sales tax fund from Idaho County.

Opinion 76-38 - Abatement of ad valorem taxes.

Opinion 76-44 - Exemption of pollution control devices from taxation.

Opinion 76-53 - Taxability of life insurance proceeds.

Schools
Opinion 76-5 - “School Ring Extended Service Agreement” constitutes insurance subject to regulation by the Department of Insurance.

Secretary of State
Opinion 76-30 - Secretary of State prohibited from selling Idaho Code Books.

Opinion 76-51 - Legality of stop payment on cashier’s check.

State Buildings
Opinion 76-35 - Legality of certain titles and leases. Sufficiency of Senate Concurrent Resolution to authorize construction.

Tax and Taxation
Opinion 76-57 - Taxation of cigarettes sold to non-Indians on reservation land.

Transportation
Opinion 76-41 - Legality of agency to provide services for non-profit organizations.

Treasurer
Opinion 76-20 - Requirement of both spouses’ signatures on back of tax refund warrants.

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