1979 Opinions and Guidelines

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

Ambulances
Guideline 8/8/1979 - Ambulance services discussed.

Bonds
Opinion 79-22 - Impermissible debt and liability incurred under lease purchase agreement and issuance of bonds on future estimated assessed property value.

Cities
Opinion 79-12 - Ballot proposition guidelines for budget limitation override.

Opinion 79-23 - Definition of qualified voters for petition to disincorporate a city.

Guideline 11/20/1979 - Conflict of interest by city council.

Guideline 11/26/1979 - City-owned property cannot be encumbered by mortgage.

Corrections
Opinion 79-9 - Court’s power limited to imposing either maximum or fixed term sentence, not hybrid of both.

Opinion 79-18 - Dispensing of prescribed medications to inmates by correctional officers.

Counties
Opinion 79-10 - Use of county equipment by private persons or firms.

Opinion 79-13 - Indebtedness or liability incurred by “hold harmless” clause.

Opinion 79-20 - Indebtedness or liability incurred by long-term lease or lease-purchase agreement.

Guideline 3/5/1979 - Discussion of County Assistance Act relative to criminal liability for not disclosing resources. Constitutionality of liens on property.

Guideline 5/21/1979 - Duty of county recorder to ensure valid acknowledgements.

Guideline 8/15/1979 - County construction of sewers in non-incorporated areas.

Guideline 9/27/1979 - County Extension Agent cannot contract for sale of real property with county commissioners.

Guideline 12/12/1979 - Ramification of county personnel ordinance attempting to create county-wide “civil service” or “merit” systems.

Districts
Opinion 79-6 - Authority of highway districts to impose traffic regulations.

Opinion 79-7 - Impact of one-percent initiative and budget freeze limitations on local improvement districts.

Guideline 8/8/1979 - Fire Protection Districts not authorized to maintain ambulance services.

Education
Guideline 9/28/1979 - Employer cannot make employee’s contribution to retirement fund.

Elected Officials
Opinion 79-3 - Term of office of appointed P.U.C. Commissioner not reconfirmed.

Opinion 79-8 - Liability for transactions by Endowment Fund Investment Board.

Elections
Opinion 79-12 - Ballot proposition budget limitation override election.

Opinion 79-23 - Definition of qualified voters for petition to disincorporate a city.

Guideline 5/7/1979 - Procedures for budget freeze override elections.

Guideline 5/31/1979 - Payment of election costs by initiative and referendum petitioners.

Endowment Lands
Guideline 10/29/1979 - Restrictions upon investment made by the Board.

Fire Districts
Guideline 8/8/1979 - Fire Protection Districts not authorized to maintain ambulance services.

Governor
Opinion 79-3 - Term of office of appointed P.U.C. Commissioner not reconfirmed.

Highway Districts
Opinion 79-6 - Authority of highway districts to impose traffic regulations.

Judicial
Opinion 79-2 - Power to determine suitable facilities for district court and to administer District Court Fund.

Opinion 79-9 - Court’s power limited to imposing either maximum or fixed term sentence.

Guideline 10/15/1979 - Legality of accepting honorariums for professional services to another state agency.

Law Enforcement
Opinion 79-4 - Impact of new Right to Keep and Bear Arms Amendment on state laws dealing with concealed weapons and confiscation.

Opinion 79-21 - Contracting county prosecutors or other lawyers for city misdemeanor cases.

Guideline 2/15/1979 - Collection of fees against defendants by sheriff.

Guideline 7/17/1979 - Liability for receiving property believed stolen after recovery by police.

Guideline 11/7/1979 - Department of Law Enforcement has authority to transfer and issue new titles on lien-sold vehicles.

Legislature
Guideline 1/22/1979 - Power of legislature to modify citizens’ compensation committee’s recommended legislative pay raise.

Guideline 1/25/1979 - Effective date of concurrent resolutions.

Guideline 3/5/1979 - Constitutionality of exacting real property lien from indigency aid recipients.

Libraries
Guideline 5/7/1979 - Establishment of new library districts under one-percent initiative and budget freeze.

Guideline 8/17/1979 - Power of Library Board.

Liquor
Guideline 3/12/1979 - Proper I.D. for purchase of alcoholic beverage and liability of licensee.

Local Improvement District
Opinion 79-7 - Impact of one-percent initiative and budget freeze limitations on local improvement districts.

Motor Vehicles
Opinion 79-5 - Written examinations for operator and chauffeur license applicants.

Opinion 79-19 - Constitutionality of requiring proof of automobile liability insurance.

Guideline 5/31/1979 - Requirements and definition of Motor Vehicle Dealer.

Guideline 11/7/1979 - Department of Law Enforcement has authority to transfer and issue new titles on lien-sold vehicles.

Planning and Zoning
Guideline 2/2/1979 - Land donations from subdividers.

Guideline 10/23/1979 - City zoning and police powers.

Private Lands
Opinion 79-11 - State’s right to geothermal resources on private land and former state land.

Public Employees
Opinion 79-25 - Non-vesting of in-grade advancements.

Guideline 5/21/1979 - County recorder’s duty to ensure valid acknowledgements.

Public Utilities Commission
Opinion 79-3 - Term of office of Public Utilities Commissioner whose nomination is not reconfirmed.

Public Works
Guideline 5/24/1979 - Construction of breakwater by city.

Guideline 7/19/1979 - Public Works Licensing Law as applied to prefabricated building.

Guideline 8/8/1979 - Building codes can include energy conservation.

Guideline 8/15/1979 - County construction of sewer in non-incorporated area.

Revenue and Taxation
Opinion 79-1 - Effective date of Proposition (Initiative) One.

Opinion 79-7 - One-percent initiative and budget freeze law limitations on local improvement district assessment and new taxing districts.

Opinion 79-12 - Ballot proposition for budget limitation override.

Opinion 79-14 - Service fees charged in lieu of ad valorem taxes.

Opinion 79-15 - Definition of “taxing district” and interpretation of restrictions imposed by budget freeze.

Opinion 79-16 - Constitutionality of 2% inflation cap of one-percent initiative.

Opinion 79-17 - Property value increase adjustments under one-percent initiative.

Opinion 79-22 - Pre-payment of taxes.

Opinion 79-24 - Constitutionality of delegating collection of Idaho income tax to the IRS.

Guideline 5/7/1979 - Establishing new taxing districts under one-percent initiative and budget freeze statute.

Guideline 5/31/1979 - Emergency expenditure levies and “one-percent” initiative.

Guideline 8/9/1979 - One-percent initiative and deficit-financed cities.

Guideline 10/30/1979 - Tax exempt status of Good Samaritan Village and other charitable organizations.

Guideline 12/19/1979 - No taxation by state of federal activities or land.

Service Fees
Opinion 79-14 - Service fees charged in lieu of ad valorem taxes.

Treasurer
Opinion 79-8 - Liability for transactions by Endowment Fund Investment Board.

Water Resources
Opinion 79-11 - State’s right to geothermal resources on private land and former state land.

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