1984 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.

Administration
Guideline 2/27/1984 - Whether state agencies are free to release necessary information to risk manager to defend against tort claims.

Administrative Procedure Act
Opinion 84-11 - Promulgation of IDAPA 09.30.055 was proper exercise of Department of Employment rulemaking authority.

Animals
Guideline 4/5/1984 - Idaho laws regarding scientific experiments.

Banks
Opinion 84-6 - Remedies for collection of dishonored checks in Idaho Code §§ 1-2301A and 28-4-510A are mutually exclusive.

Cities
Opinion 84-4 - Cities have right to house in county jails prisoners charged with or convicted of violations of city ordinances or state motor vehicle laws within city limits.

Opinion 84-4 - City appointment of police officers statutorily authorizes them to enforce state law within city boundaries.

Guideline 3/21/1984 - Cities liable for costs of housing prisoners arrested by city police officers on charges of driving without privileges, driving under the influence and related motor vehicle offenses.

Guideline 11/30/1984 - No city or county may unilaterally withdraw from area of city impact agreement. Such agreements may be renegotiated.

Corrections
Opinion 84-8 - Commission of Pardons and Parole has broad constitutional power to commute and to pardon. Power to grant parole is created by statute.

Guideline 5/25/1984 - Law requiring payment of costs of probation or parole supervision not to be applied retroactively.

Counties
Opinion 84-4 - Counties must pay costs of enforcing state statutes, including cost of extraditing and housing prisoners charged with violations of state law by any enforcement official of county or of any city within county.

Guideline 3/27/1984 - Extension, alteration or repair of existing structure as ordinary and necessary expense not subject to indebtedness limitations of Idaho Constitution.

Guideline 11/30/1984 - No city or county may unilaterally withdraw from area of city impact agreement. Such agreements may be renegotiated.

Education
Opinion 84-1 - Rule allowing health care professionals to work off portion of state educational loan obligation by service in Idaho does not impose involuntary servitude on borrower and is constitutional.

Guideline 2/14/1984 - School district trustees authorized to establish public library, and to act as trustees and levy taxes therefore. Total separation between school district and library funds.

Guideline 3/19/1984 - Junior college districts are not “school districts” and may not have social security employer’s share paid by State Auditor.

Guideline 3/26/1984 - School districts’ unused operation and maintenance funds in succeeding fiscal years.

Guideline 5/1/1984 - Legal alien eligible for assistance under end-stage renal program.

Guideline 6/19/1984 - Professional Studies Program discussed.

Elected Officials
Guideline 1/17/1984 - Both during legislative sessions and in the interim Lieutenant Governor is entitle to unvouchered per diem expense allowance equal to that of speaker of house of representatives.

Employment
Opinion 84-11 - Promulgation of IDAPA 09.30.05 by director of Department of Employment – denying unemployment insurance benefits to employees of an educational institution between terms and during customary vacation and holiday recess periods – was proper exercise of authority under Idaho Employment Security Law.

Guideline 6/26/1984 - Legal resident aliens have a constitutional right to become notaries public.

Endowment Lands
Guideline 11/28/1984 - Monies from “ten percent fund” must be expended for improvements on same endowment land grant from which they derived and on no other.

Fish and Game
Guideline 2/22/1984 - Authority of Department of Fish and Game to enter into cooperative road closure agreements.

Guideline 8/7/1984 - Distribution of brochure by Department to promote primarily private activities is improper under public purpose doctrines of Idaho Constitution.

Guideline 8/15/1984 - Hunting permit lottery unconstitutional.

Health and Welfare
Opinion 84-7 - Idaho Relative Responsibility Act is inconsistent with federal Social Security laws which prohibit state from requiring contribution for care of Medicaid recipients from relatives other than spouse or parent of minor.

Guideline 2/29/1984 - Department rules and regulations governing agreements between state and federal governments in cooperative medical assistance programs.

Guideline 3/1/1984 - Department of Health and Welfare must have consent or a warrant before entering private property to investigate pollution violations.

Indians
Guideline 11/6/1984 - State of Idaho owns beds of Snake and Blackfoot Rivers if rivers were navigable at time of statehood and if Fort Bridger Treaty extinguished prior to statehood any aboriginal title claimed by Shoshone-Bannock Tribes.

Labor and Industrial Services
Guideline 10/30/1984 - Department of Labor and Industrial Services has no jurisdiction to make determinations regarding bargaining representatives for public sector employees.

Law Enforcement
Opinion 84-3 - Motor vehicle registration fees may not be used for costs of unrelated programs of Department of Law Enforcement such as Horse Racing Commission or Brand Board.

Opinion 84-4 - County sheriff may not refuse to accept city prisoners in county jail for failure of city to pay for its prisoners.

Opinion 84-4 - In Idaho, sheriff and prosecuting attorney in each county have primary duty to enforce state penal laws throughout the entire county. Services authorized by either official in carrying out criminal justice process are county expenses.

Guideline 2/2/1984 - State police operations may be funded by fuel taxes or motor vehicle registration fees only to extent such operations relate directly to enforcement of highway safety and traffic laws.

Guideline 3/21/1984 - Cities are liable for costs of housing prisoners arrested by city police officers for motor vehicle offenses.

Guideline 12/3/1984 - Sheriff’s department’s accident report is “public record” subject to disclosure to and copying by any interested citizen.

Legislature
Opinion 84-10 - Single legislative act may contain numerous specific provisions if related to and naturally connected with single general subject.

Guideline 2/15/1984 - Senate may amend revenue raising measure originating in the House but may not attach revenue raising amendment to non-revenue bill.

Lieutenant Governor
Guideline 1/17/1984 - Both during legislative sessions and in the interim Lieutenant Governor is entitle to unvouchered per diem expense allowance equal to that of speaker of house of representatives.

Liquor
Guideline 3/15/1984 - Beer and wine wholesalers may provide labor and assistance to retailers in designing and stocking shelves without violating federal law.

Motor Vehicles
Opinion 84-5 - Driver’s license, once granted, is valuable property right and may be suspended or revoked only pursuant to notice and opportunity to be heard.

Guideline 2/3/1984 - State police operations may be funded by motor vehicle registration fees and fuel taxes only to extent such operations relate directly to enforcement of highway safety and traffic laws.

Guideline 3/5/1984 - Vehicle operating over its registered maximum gross weight.

Public Lands
Opinion 84-9 - Statute requiring Board of Land Commissioners to prescribe that timber sold from state lands be manufactured into lumber or timber products within Idaho is unconstitutional.

Guideline 3/16/1984 - State agency may not sell or exchange state-owned property acquired from federal government for less than its appraised value.

Guideline 4/11/1984 - Board of Scaling Practices – Forest products removed in Idaho but scaled in another state are not subject to Idaho scaling laws.

Guideline 6/26/1984 - Board of Land Commissioners – Board authorized to exchange land with private corporation for similar lands of equal value when in state’s best interest.

Revenue and Taxation
Opinion 84-2 - Sale of photocopies by county authorities is retail sale subject to tax under Idaho Sales Tax Act.

Opinion 84-10 - Effect of repeal in bill lacking “unity of subject and title.”

Guideline 6/5/1984 - Use tax exemption for INEL contractors.

Transportation
Opinion 84-5 - Statute providing for suspension of a driving license as punishment for drinking or possession of alcohol by minor in times and places unrelated to operation of motor vehicle unconstitutional.

Vocational Rehabilitation
Guideline 5/1/1984 - Legal alien eligible for assistance under end-stage renal program.

Water Resources
Guideline 11/6/1984 - State owns beds of waterways navigable at time of statehood unless Congress had conveyed rights to another entity prior to such time.

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