1981 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.

Agriculture
Opinion 81-4 - Establishment of fees for Grade A Dairy Inspections.

Guideline 9/30/1981 - Effect of Right to Farm Bill on existing ordinances.

Cities
Guideline 2/25/1981 - City payment to mayor, over and above salary, for bookkeeping services on city sewer project unlawful.

Commissions and Boards
Opinion 81-3 - Legislative confirmation of Pacific Northwest Electric Power and Conservation Planning Council member.

Corrections
Opinion 81-9 - Deadly force may be used to suppress a riot if reasonable and necessary.

Districts
Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system constitutional.

Guideline 7/13/1981 - No bond requirement for election to dissolve recreation district.

Education
Guideline 3/13/1981 - Discipline of students in Idaho’s public schools.

Guideline 6/9/1981 - Negotiation process for public school districts and their professional employees in relation to joint ratification of settlement in open meetings.

Guideline 8/26/1981 - Authority of school board to determine location for graduation ceremonies.

Guideline 12/11/1981 - Constitutionality of providing transportation services of public districts to students of private and parochial schools.

Elections
Guideline 7/8/1981 - Legislative authority to enact qualifications for state legislative elections in addition to those in Idaho Constitution.

Guideline 7/17/1981 - Amendment to provide for special elections for referenda falls within scope of Governor’s call.

Endowment Lands
Opinion 81-14 - Monies from 10% fund must be expended for capital improvements upon same endowment land from which monies were derived.

Fish and Game
Opinion 81-16 - Department has no authority to concede jurisdiction over non-Indian fee lands or to require non-Indian landowners and hunters to purchase tribal hunting permits.

Health and Welfare
Opinion 81-1 - Public disclosure of Medicaid cost and audit reports.

Opinion 81-13 - Department’s authority to retain personnel and its legal responsibility to carry out statutory programs after budget cuts.

Guideline 2/5/1981 - One-percent initiative and budget freeze statute do not repeal or supersede health district sixty-seven percent matching fund levy requirement.

Guideline 5/1/1981 - Restrictions by Health and Welfare Board and South Central Health District on city’s power to permit building units with septic tanks on lots smaller than required minimum.

Guideline 10/6/1981 - Legality of midwifery and birth registration requirements with Bureau of Vital Statistics.

Guideline 12/30/1981 - Compliance with management practices under Forest Practices Act and compliance with water quality standards.

Indians
Opinion 81-16 - Department of Fish and Game has no authority to concede jurisdiction over non-Indian fee lands or to require non-Indian landowners and hunters to purchase tribal hunting permits.

Guideline 12/10/1981 - Dog control ordinances of cities located on Indian reservations.

Judicial
Opinion 81-2 - Authority and function of grand jury.

Labor and Industrial Services
Guideline 4/14/1981 - Idaho Industrial Commission has no legal authority to waive, reduce or negotiate statutory penalties.

Guideline 4/21/1981 - Applicability of prevailing wage laws to construction of health facilities.

Law Enforcement
Opinion 81-2 - Authority and function of grand jury.

Opinion 81-7 - In absence of arrest or citation, city attorney has duty to investigate applicable law and evidence of citizen’s complaints.

Opinion 81-9 - Deadly force may be used to suppress a riot if reasonable and necessary.

Opinion 81-10 - “Officials of the State of Idaho” are exempt from misdemeanor provisions of concealed weapons statute.

Guideline 4/3/1981 - Naturopathic physician is precluded by Idaho law from practicing naturopathy.

Legislature
Opinion 81-3 - Legislative confirmation of Pacific Northwest Electric Power and Conservation Planning Council member.

Guideline 2/5/1981 - One-percent initiative and budget freeze statute do not repeal or supersede health district sixty-seven percent matching fund levy requirement.

Guideline 3/13/1981 - Discipline of students in Idaho’s public schools.

Guideline 7/8/1981 - Legislative authority to enact qualifications for state legislative elections in addition to those in Idaho Constitution.

Guideline 7/10/1981 - Age qualifications to serve as a legislator and the scope of the Governor’s call.

Guideline 7/17/1981 - Amendment to provide for special election for referenda falls within scope of Governor’s call.

Guideline 7/21/1981 - Selective release on holdback funds.

Motor Vehicles
Guideline 2/13/1981 - Power of local governments to regulate motor vehicle emissions.

Open Meeting Law
Opinion 81-15 - BRA Board of Commissioners’ violation of Open Meeting Law and consequences of violation.

Guideline 6/9/1981 - Negotiation process for public school districts and their professional employees in relation to joint ratification of settlement in open meetings.

Parks and Recreation
Guideline 7/13/1981 - No bond requirement for an election to dissolve recreation district.

Planning and Zoning
Opinion 81-18 - Local Planning Act requires adoption of zoning ordinances.

Guideline 2/25/1981 - Authority of county commissioners to accept dedications in plats in areas outside cities.

Guideline 4/2/1981 - Five year residency requirement to serve on local planning and zoning commission.

Guideline 4/6/1981 - Mandatory allowance of development of geothermal resources.

Guideline 4/24/1981 - City’s acceptance of plant construction in lieu of development fees does not amount to expenditure necessitating competitive bids nor amount to loaning of credit.

Guideline 5/21/1981 - Requirements of county commissioners under Local Planning Act.

Guideline 9/30/1981 - Effect of Right to Farm Bill on existing zoning ordinances.

Private Lands
Guideline 2/9/1981 - Determination of amount of compensation condemnor of property for irrigation purposes required to pay.

Public Employees
Opinion 81-17 - Compensation for more than forty hours per week.

Public Funds
Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system is constitutional.

Guideline 7/21/1981 - Selective release of holdback funds.

Public Lands
Opinion 81-8 - State Board of Land Commissioners’ authority to determine size of manageable unit in regard to grazing leases.

Guideline 1/20/1981 - Exploration prior to potential hard rock subsurface mining and not underground or lode mining is governed by Surface Mining Act.

Guideline 3/5/1981 - Federal acquisition of land within states of the Union.

Public Works
Opinion 81-5 - Compliance with Building Code Advisory Act by local governments.

Opinion 81-11 - Upgrading a license by sub-contractor in order to accept a contract from general contractor.

Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system constitutional.

Guideline 4/21/1981 - Applicability of prevailing wage laws to construction of health facilities.

Guideline 4/24/1981 - Applicability of UBC to state buildings.

Recreation
Guideline 7/13/1981 - No bond requirement for election to dissolve recreation district.

Revenue and Taxation
Opinion 81-6 - Assessor’s duty to refine estimates of 1978 market value to maximize equity in property taxation.

Opinion 81-12 - Assessment of taxable real property at fair market value versus automatic 2% inflationary increase.

Sewer Districts
Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system constitutional.

Water Resources
Guideline 8/10/1981 - Authority of Water Resource Board to finance hydropower projects through sale of revenue bonds.

Guideline 12/30/1981 - Compliance with management practices under Forest Practices Act and compliance with water quality standards.

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