1977 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.

Accountants, State Board of
Opinion 77-25 - Distinguishing between Certified Public Accountants and Licensed Public Accountants.

Ambulances
Opinion 77-52 - Public information status of information obtained by public ambulance service in regard to patients.

Bonds
Opinion 77-39 - Advanced Refunding Bonds. No election required.

Corporations
Opinion 77-23 - Professional corporations may not engage in activities unrelated to professional services; may own realty or invest funds.

Opinion 77-46 - Fees for Financing Statements under U.C.C.

Opinion 77-53 - Mutual Savings Bank, as for-profit corporation, has no authorized stock and is charged minimum corporation fee.

Opinion 77-62 - Names of members of professional service corporation must appear in corporation name. Assumed business name properly filed in county may be used by corporation.

Counties
Opinion 77-4 - Validity of inducements to obtain medical doctors.

Opinion 77-50 - Duties of County Boards of Equalization.

Opinion 77-68 - “In lieu” federal funds may be transferred to other governmental districts within county.

Dentistry, State Board of
Opinion 77-20 - Subdivisions of state may not become members of corporations nor perform license examinations outside state.

Districts
Opinion 77-12 - Definition of taxing power – Mortgage of property prohibited – Bonding requirements.

Opinion 77-48 - Discretion to levy tax upon lands, improvements or personal property in a uniform matter.

Education
Opinion 77-63 - Legislative prohibition against state ad valorem tax levies while sales tax is in effect.

Opinion 77-69 - Requirement of all state educational funds to be handled through State Treasurer.

Elected Officials
Opinion 77-1 - Appointment of and redesignation of Governor and Lieutenant Governor.

Opinion 77-18 - Ability to enter into joint agreements with other taxing units as to investment of idle funds.

Opinion 77-21 - Recall elections. Appointment of successors if all officers on board recalled.

Opinion 77-29 - Definitions of terms under Sunshine Law. Contributions and expenditures under Sunshine Law.

Opinion 77-51 - State Liquor Dispensary entitled to receive and retain interest on idle liquor funds from State Treasurer.

Opinion 77-61 - Rotary funds or rotary expense funds are not idle funds to be invested; they are specially reserved to pay daily expense.

Opinion 77-67 - Overdrafts in general account, interest and charges – State Deficiency Warrants – Fire suppression charges.

Opinion 77-69 - Requirement of all state educational funds to be handled through State Treasurer.

Elections
Opinion 77-55 - Cities which have adopted state voter registration may close registration five days prior to election.

Fire Districts
Opinion 77-48 - Discretion to levy tax upon lands, improvements or personal property in a uniform matter.

Fish and Game
Opinion 77-58 - Policies regulating Fish and Game enforcement personnel.

Governor
Opinion 77-1 - Appointment of and redesignation of Governor and Lieutenant Governor.

Health and Welfare
Opinion 77-43 - Release of information by Tax Commission relating to support and location of dependents.

Opinion 77-45 - Department has authority to require public notification of violation of state primary drinking water regulations, to adopt and enforce regulations, and to issue variances and exemptions to regulations.

Hearing Aid Dealers and Fitters, State Board of
Opinion 77-5 - Certification of hearing aid dealers and fitters – Audiologists.

Insurance
Opinion 77-54 - Insurer transacting “credit disability insurance” may not include provisions to cover debtor’s obligation to creditor other than for disabilities resulting from accident or accidental means or from sickness or appertaining thereto.

Labor and Industrial Services
Opinion 77-2 - Certification of personnel to supervise installation of plumbing, heating and electrical systems in mobile homes. Preemption by federal regulations.

Opinion 77-3 - Requirement of safety inspection insignia on recreational vehicles. Reciprocal agreements between states.

Opinion 77-8 - Platoon commanders of municipal fire departments may be excluded from union membership.

Opinion 77-28 - Termination of Rehabilitation Division. Industrial accidents.

Law Enforcement
Opinion 77-9 - Necessity for presence of defendant during trial and sentence hearing for misdemeanor offense.

Legislature
Opinion 77-13 - Secret ballot in violation of Idaho Open Meeting Law.

Opinion 77-33 - Legislature empowered to limit options of Land Board in disposal of state “acquired lands.”

Opinion 77-64 - Concurrent Resolutions do not supersede or replace laws.

Libraries
Opinion 77-32 - Application of public bidding laws to city libraries.

Liquor
Opinion 77-51 - Entitlement to interest earned on idle funds held by State Treasurer’s office for State Liquor Dispensary.

Motor Vehicles
Opinion 77-15 - Use and placement of Motor Vehicle Caravan Permit fees.

Opinion 77-35 - Transportation on highways of special vehicles not meant for highway use.

Opinion 77-36 - Motor vehicle service contracts not insurance.

Nursing, State Board of
Opinion 77-60 - Nurse practitioners may be regulated and licensed.

Open Meeting Law
Opinion 77-13 Secret ballot in Idaho House of Representatives meeting in violation of Open Meeting Law.

Opinion 77-30 - Application of Open Meeting Law to particular groups and agencies.

Opinion 77-44 - Executive sessions to consider or evaluate personnel matters exempt. Final actions made in open session.

Opinion 77-66 - Exchange of information relating to foreseeable board action must be held in open meeting except when executive session permitted.

Parks And Recreation
Opinion 77-64 - Concurrent resolutions indicative of legislative intent do not supercede or replace laws. Property can be transferred from one state agency to another without compensation.

Planning And Zoning
Opinion 77-10 - Planning and zoning standards. Distinctions between use of police power and eminent domain.

Opinion 77-14 - Validity of ordinances requiring minimum lot size. Substandard lots may have to be combined to comply. Zoning and inverse condemnation.

Opinion 77-22 - County Commissioners must exercise planning and zoning powers or provide for planning and zoning commission. Local governments directed to prepare comprehensive plans and zoning ordinances.

Opinion 77-37 - Effect of local planning and zoning requirements on state projects.

Podiatry Examiners, State Board of
Opinion 77-19 - Podiatrists are “health care providers” within meaning of Idaho Code.

Public Employees
Opinion 77-8 - Platoon commanders of municipal fire departments may be excluded from union membership.

Opinion 77-16 - Compensation of overtime hours.

Opinion 77-27 - Personnel Commission rules and regulations regarding promotions, compensation of public employees.

Opinion 77-57 - State has no liability to aid retirement fund beyond amount in fund.

Public Lands
Opinion 77-7 - Discretion of State Land Board to lease lands for oil and gas extraction.

Opinion 77-70 - State can issue geothermal, oil or gas leases at Harriman State Park.

Public Works
Opinion 77-11 - Exclusion of health facilities from state construction and building requirements does not exclude private contractors from public works contractors licensing requirements.

Opinion 77-17 - “Personal services” defined relating to duties of purchasing agent when bidding process is required.

Opinion 77-32 - Application of public bidding laws to city libraries.

Opinion 77-42 - Engineering services are “personal services” exempt from bidding requirements.

Opinion 77-59 - Both licensed engineers and architects may prepare electrical plans for buildings.

Public Works Contractors
Opinion 77-24 - Contractors and subcontractors must hold requisite public works contracting license at the time a contract is entered into or at the time it is signed.

Refunding Bonds
Opinion 77-39 - Advanced Refunding Bonds. No election required.

Revenue and Taxation
Opinion 77-40 - Procedure for receipt by counties. Statutes prohibit direct deposit-electronic funds transfer.

Opinion 77-41 - Tax Commission may not release names of persons or companies receiving Sales Tax Seller’s Permits.

Opinion 77-43 - Tax Commission may release information to Department of Health and Welfare from income tax returns relating to support of dependents and location of such persons.

Opinion 77-47 - Actual and functional use of property is primary test for value of real property.

Opinion 77-48 - Discretion to levy tax upon lands, improvement or personal property in a uniform manner.

Opinion 77-50 - Duties of county Boards of Equalization.

Opinion 77-56 - Contributions to charities, proper use of tax funds.

Opinion 77-63 - Legislative prohibition against state ad valorem tax levies while sales tax is in effect.

Self-Regulating Agencies
Opinion 77-5 - Certification of hearing aid dealers and fitters – Audiologists.

Opinion 77-19 - Podiatrists are “health care providers” within meaning of Idaho Code.

Opinion 77-20 - Subdivisions of state may not become members of corporations nor perform license examinations outside state.

Opinion 77-25 - Distinguishing between Certified Public Accountants and Licensed Public Accountants.

Opinion 77-60 - Nurse practitioners may be regulated and licensed.

Sewer Districts
Opinion 77-12 - Definition of taxing power – Mortgage of property prohibited – Bonding requirements.

State Buildings
Opinion 77-6 - Legality of using permanent building funds for building programming and space planning studies.

Opinion 77-49 - Ownership of buildings erected by Building Authority does not transfer to state.

Transportation
Opinion 77-31 - Legality of including value engineering specification in standard specification for highway construction.

Opinion 77-34 - Advertisement of motorist services on highway signs authorized by law.

Opinion 77-38 - Governmental subdivision duty to maintain highways. Encroachment on highways. Public easements on rights of way.

Treasurer
Opinion 77-18 - Ability to enter into joint agreements with other taxing units as to investment of idle funds.

Opinion 77-51 - State Liquor Dispensary entitled to receive and retain interest on idle liquor funds from State Treasurer.

Opinion 77-61 - Rotary funds or rotary expense funds are not idle funds to be invested; they are specially reserved to pay daily expense.

Opinion 77-67 - Overdrafts in general account, interest and charges – State Deficiency Warrants – Fire suppression charges.

Opinion 77-69 - Requirement of all state educational funds to be handled through State Treasurer.

Water Resources
Opinion 77-26 - Validity, enactment and effect of State Water Plan.

Opinion 77-65 - State water Plan and its relation to Idaho laws and Constitution.

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