1982 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
Guideline 1/5/1982 - Applicability of egg assessment levy through LDS welfare program.

Guideline 3/2/1982 - Bill prohibiting trespass by vehicles on private land devoted to agriculture constitutional.

Associations
Guideline 7/7/1982 - Auditing of horse breeding associations.

Auditor
Opinion 82-1 - No constitutional bar to legislatively created office conducting duties similar to State Auditor.

Cities
Guideline 2/22/1982 - State law takes precedence over local law.

Guideline 9/16/1982 - Determination of cities’ and counties’ share of fiscal 1983 liquor revenues.

Commissions and Boards
Guideline 4/2/1982 - Distribution of receipts collected by Idaho Horse Racing Commission.

Guideline 9/3/1982 - Promoting industry is not a function of Horse Racing Commission.

Corrections
Opinion 82-2 - Transfer of Prison Industry Betterment Fund to exclusive control of Correctional Industries Commission constitutionally prohibited.

Opinion 82-9 - Fixed life sentences not subject to eligibility for parole. Time of parole eligibility for persons sentenced to life imprisonment between July 1, 1971, and July 1, 1980.

Counties
Guideline 2/22/1982 - Local law cannot override or change state law.

Districts
Guideline 6/2/1982 - Collection of fire protection fees from fire protective association and districts.

Education
Opinion 82-4 - Investment of surplus or idle money under Public Depository Law permissible subject to limitations.

Opinion 82-13 - School district’s contractual obligations to teachers.

Guideline 1/25/1982 - Residency requirements for tuition purposes when one is separated from armed services.

Guideline 12/10/1982 - Treatment of interest earned on Historical Society assets.

Elected Officials
Opinion 82-1 - No constitutional bar to legislatively created office conducting duties similar to State Auditor.

Opinion 82-4 - Investment of surplus or idle money under the Public Depository Law permissible subject to limitations.

Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Employment
Guideline 1/28/1982 - Right to Work Bill would have had little effect on purchase negotiations of Bunker Hill.

Guideline 2/19/1982 - Conflict between Right to Work and right of employees to organize.

Guideline 3/25/1982 - Veterans' preferences to disabled war veterans.

Endowment Lands
Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Opinion 82-10 - State Land Board may sell to state agencies trust lands without public notice or public auction.

Guideline 10/28/1982 - Sale of school endowment lands for future site of hydroelectric project.

Finance
Opinion 82-4 - Investment of surplus or idle money under Public Depository Law permissible subject to limitations.

Fire Districts
Guideline 6/2/1982 - Collection of fire protection fees from fire protective association and districts.

Fish and Game
Opinion 82-3 - Exchange of lands by Fish and Game.

Governor
Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Health and Welfare
Guideline 2/1/1982 - Use and distribution of monies by Joint Finance and Appropriations Committee pursuant to Idaho Conservation League’s “Quarter for Clean Air Program.”

Historical Society
Guideline 12/10/1982 - Treatment of interest earned on Historical Society assets.

Horse Racing Commission
Guideline 4/2/1982 - Distribution of receipts collected by Idaho Horse Racing Commission.

Guideline 9/3/1982 - Promoting industry is not a function of Horse Racing Commission.

Indians
Guideline 3/1/1982 - Authority of Department of Law Enforcement to enter into cooperative agreements with Indian tribes.

Law Enforcement
Guideline 1/22/1982 - Elderly Abuse Bill added scope to present criminal statutes.

Guideline 2/8/1982 - Highway User Funds may not be used for direct or administrative costs of Criminal Investigation Bureau, State brand Board or Horse Racing Commission.

Guideline 3/1/1982 - Authority of Department of Law Enforcement to enter into cooperative agreements with Indian tribes.

Guideline 3/8/1982 - Constitutionality of Traffic Infractions Act in eliminating certain circumstances of the right to jury trial.

Guideline 9/22/1982 - Department of Law Enforcement commissioning of special deputies to work for Department of Transportation at port of entry.

Legislature
Opinion 82-1 - No constitutional bar to legislatively created office conducting duties similar to State Auditor.

Opinion 82-11 - Interpretation of statute prohibiting incurring any liability, moral, legal or otherwise, in excess of legal appropriation.

Guideline 2/1/1982 - Use and distribution of monies by Joint Finance and Appropriations Committee pursuant to Idaho Conservation League’s “Quarters for Clean Air Program.”

Guideline 2/10/1982 - Legislature has no authority to consider new policies of Water Resources Board before they become effective.

Guideline 4/19/1982 - Regular appropriation authorization limits only transfers made for administration and operation expenses.

Guideline 8/30/1982 - Right of Legislative Auditor to review workpapers in audit of state department of public institution and its political subdivisions.

Guideline 12/9/1982 - Family member of state representative cannot be hired by Senate.

Liquor
Guideline 4/19/1982 - Regular appropriation authorization limits only transfers made for administration and operation expenses.

Guideline 9/16/1982 - Determination of cities’ and counties’ share of fiscal 1983 liquor revenues.

Military
Guideline 1/25/1982 - Residency requirements for tuition purposes when one is separated from armed services.

Guideline 3/25/1982 - Veterans' preferences to disabled war veterans.

Motor Vehicles
Guideline 2/22/1982 - Definition of non-resident for purpose of issuing driver’s license.

Guideline 8/31/1982 - Computation of maximum gross weight on which user fees are imposed.

Planning and Zoning
Opinion 82-5 - Recording of survey statutes is supplementary to existing laws.

Opinion 82-6 - Duties of Planning and Zoning and of City Council regarding “material changes” in comprehensive plan.

Guideline 1/11/1982 - Recording of survey statutes is supplementary to existing laws relating to platting.

Private Lands
Guideline 2/10/1982 - Right of developer to severed mineral rights in relation to owner of surface rights of same property.

Guideline 3/2/1982 - Bill prohibiting trespass by vehicles on private land devoted to agriculture constitutional.

Professional Engineers and Land Surveyors, State Board of
Opinion 82-5 - Recording of survey statutes is supplementary to existing laws.

Public Funds
Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Opinion 82-8 - Department of Water Resources not allowed to expend monies from Water Administration Fund not legislatively appropriated.

Public Lands
Opinion 82-A - Addendum to Attorney General Opinion 80-10 relating to scaling law.

Guideline 2/17/1982 - Taylor Grazing Act monies are distributed on basis of area in each county, not on basis of amount produced.

Revenue And Taxation
Opinion 82-12 - Constitutional prohibitions against a state coining money or establishing legal tender.

Opinion 82-14 - Effect of one-percent initiative on the use of city tax anticipation notes and registered warrants.

Guideline 2/8/1982 - Constitutionality of special tax for funding public television.

Self-Regulating Agencies
Opinion 82-5 - Recording of survey statutes is supplementary to existing laws.

Guideline 2/26/1982 - National Conference examinations as applied by Board of Morticians.

Transportation
Opinion 82-4 - Investment of surplus or idle money under the Public Depository Law permissible subject to limitations.

Opinion 82-7 - Prudent Man Investment Rule controls all assets of state in fiduciary capacity.

Water Resources
Opinion 82-8 - Department of Water Resources not allowed to expend moneys from Water Administration Fund not legislatively appropriated.

Guideline 2/10/1982 - Legislature has no authority to consider new policies of Water Resources Board before they become effective.

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