1983 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 8/22/1983 - Effect of 1983 amendments to statute requiring brucellosis vaccinations for certain cattle.

Banks
Opinion 83-10 - Procedures for and authority to take possession of property recovered from safety deposit boxes or safe-keeping repositories of national banks closed during 1930’s now in custody of Comptroller of Currency.

Cities
Guideline 3/14/1983 - Power of city to expend public funds for purposes of advertising and promoting city.

Corrections
Opinion 83-4 - Transfer of Prison Industry Betterment Fund to exclusive control of Correctional Industries Commission constitutionally prohibited.

Opinion 83-11 - Expense of transporting inmates from prison to county where inmate’s attendance in court is required.

Opinion 83-13 - Grant of parole to inmate requires affirmative vote of majority of Commission of Pardons and Parole.

Guideline 7/6/1983 - Time of parole eligibility for persons sentenced to life imprisonment between July 1, 1971, and July 1, 1980.

Education
Opinion 83-12 - School Board has responsibility to ensure that compulsory attendance law requirements are met. Expulsion as habitual truant not needed for proceeding to enforce law.

Opinion 86-13 - School districts are prohibited from creating or aiding any private corporation, profit or non-profit.

Elected Officials
Guideline 2/22/1983 - Source and extent of Governor’s veto power.

Employment
Opinion 83-7 - Statutes do not prohibit use of federal delay of draw down procedures for Employment Security Fund but practical problems make use of such procedures unavailable.

Guideline 4/4/1983 - Effect of constitutional and statutory provisions on ability of Department of Employment to borrow money from federal government for payment of unemployment claims.

Governor
Guideline 2/22/1983 - Source and extent of Governor’s veto power.

Health And Welfare
Guideline 6/28/1983 - Effect upon contract between attorney and Bureau of Child Support Services by election of attorney’s spouse to legislature.

Guideline 8/2/1983 - Constitutionality of certain provisions of Idaho abortion and informed consent statutes.

Insurance
Guideline 2/28/1983 - Constitutionality of legislation limiting insurance coverage for elective abortions.

Judicial
Opinion 83-1 - Fines and forfeitures levied as condition of withheld judgment for violation of local ordinance must be distributed by county auditor in accord with 10/90 statutory formula.

Opinion 83-1 - Fines and forfeitures levied as condition of withheld judgment for violation of local ordinance must be distributed by county auditor in accord with 10/90 statutory formula.

Opinion 83-11 - Sheriff has responsibility and county must bear the expense of transporting inmates from prison to county where inmate’s attendance in court is required.

Opinion 83-12 - Court powers and duties in handling petitions filed under Youth Rehabilitation Act.

Opinion 83-12 - Powers and duties of prosecutors and courts in handling petitions filed under Youth Rehabilitation Act.

Guideline 2/9/1983 - Propriety of diverting surplus money in District Court Fund to other departments.

Guideline 2/9/1983 - Remedies available to ensure sufficient funding for courts, absent adequate appropriation.

Law Enforcement
Opinion 83-3 - Agreement of understanding allowing Department of Transportation to conduct administrative hearings to suspend or revoke driver’s licenses in name of Department of Law enforcement is contrary to express statutory language and therefore ultra vires.

Opinion 83-3 - Department of Law Enforcement has discretion to reallocate funds among programs within Agency.

Guideline 3/10/1983 - Extent of prosecutor discretion in bringing criminal actions and granting immunity from prosecution.

Guideline 7/21/1983 - Constitutionality of statute requiring persons convicted of driving under the influence to obtain an alcohol evaluation.

Legislature
Guideline 1/19/1983 - Effect of legislative decision not to fund reciprocal contractual agreements for fire protection services.

Guideline 2/14/1983 - Effective date of concurrent resolution.

Guideline 2/24/1983 - Interpretation of constitutional provision requiring that “bills for raising revenue” must originate in the House of Representatives.

Guideline 2/28/1983 - Constitutionality of legislation limiting insurance coverage for elective abortions.

Guideline 5/12/1983 - Constitutional limits to legislature’s ability to act during special sessions.

Guideline 6/28/1983 - Effect upon contract between attorney and Bureau of Child Support Services of election of attorney’s spouse to legislature.

Motor Vehicles
Opinion 83-3 - Liens on motor vehicles and disposition of abandoned motor vehicles to be administered by Department of Transportation.

Planning And Zoning
Opinion 83-6 - County zoning ordinance regulating lake encroachment preempted by Lake Protection Act.

Public Funds
Opinion 83-7 - Constitutional and statutory restrictions on state funds affecting participation in federal delay of draw down procedures.

Opinion 83-7 - Statutes do not prohibit use of federal delay of draw down procedures for Employment Security Fund but practical problems make use of such procedures unavailable.

Guideline 2/9/1983 - Propriety of using current year fund balances for expenditures or liabilities in excess of budget appropriations.

Guideline 3/14/1983 - Power of city to expend funds for purposes of advertising and promoting city.

Public Lands
Guideline 1/19/1983 - State duty of care with respect to fires on state-owned land.

Guideline 1/19/1983 - State obligation to reimburse Bureau of Land Management if state fails to take responsible steps to prevent a fire on state owned land from spreading to BLM land.

Guideline 2/9/1983 - Propriety of using current year fund balances for expenditure or liabilities in excess of budget appropriation.

Guideline 4/8/1983 - Authority of state to pay cost of range fire suppression with monies from Forest Protection Fund.

Guideline 6/3/1983 - Ownership interest of United States in range improvements constructed in part with funds received under Taylor Grazing Act.

Public Works
Opinion 83-9 - Electrical contractor must be licensed before submitting bid to perform electrical work.

Revenue And Taxation
Opinion 83-5 - Effect of conflicting language in bills passed by legislature.

Opinion 83-8 - Absent statutory or case law governing priority of payment between current and delinquent property taxes, Tax Commission may promulgate regulations consistent with statute.

Guideline 4/13/1983 - Authority of county assessor to double assessments of personal property for failure to file personal property tax declarations.

Guideline 6/3/1983 - Applicability of sales tax to materials purchased by grazing permittee for construction of United States-owned range improvements.

State Buildings
Opinion 83-2 - Power and procedure for State Building Authority to acquire and dispose of state buildings.

Transportation
Opinion 83-3 - After July 1, 1983, only Department of Transportation has authority to suspend or revoke drivers’ licenses.

Opinion 83-3 - Agreement of understanding allowing Department of Transportation to conduct administrative hearings to suspend or revoke drivers’ licenses in name of Department of Law Enforcement contrary to express statutory language and therefore ultra vires.

Opinion 83-3 - Department of Transportation has discretion to reallocate funds among programs within agency.

Unclaimed Property
Opinion 83-10 - Procedures for and authority to take possession of property recovered from safety deposit boxes or safe-keeping repositories of national banks closed during 1930’s now in custody of Comptroller of Currency.

Water Resources
Guideline 3/16/1983 - Constitutionality of legislation authorizing exercise of state police powers to subordinate existing water rights for power generation to public interest.

Guideline 3/16/1983 - Vesting of water rights for purposes of determining when a “taking” has occurred.

Guideline 3/18/1983 - Protection of witnesses from prosecution for libel for statements made before Department of Water Resources.

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