1975 Opinions

Please note that the following list of Opinions is for reference only. The actual Opinions 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
Opinion 75-3 - Treatment of group insurance and surplus deficit.

Opinion 75-51 - Legality of lease-purchase contracts by states.

Opinion 75-70 - Legality of Multiple Awards Contracts.

Administrative Procedure Act
Opinion 75-9 - Hearings by Department of Labor and Industrial Services not subject to A.P.A.

Agriculture
Opinion 75-73 - Slaughter and sale of beef.

Banking
Opinion 75-56 - Public bodies required to deposit money with depository located within the depository unit/FDIC Insurance limits not withstanding.

Banks
Opinion 75-21 - Legality of automated tellers.

Opinion 75-24 - City must bank within city limits.

Bar Association, State
Opinion 75-36 - Legality of interim billing.

Cities
Opinion 75-24 - City must bank within city limits.

Commissions and Boards
Opinion 75-16 - Gubernatorial appointment to fill vacancy.

Opinion 75-25 - A board’s dealing with a member of the board may constitute breach of fiduciary duty.

Counties
Opinion 75-2 - County commissioners to pay court filing fee.

Opinion 75-18 - County required to have zoning commission.

Opinion 75-67 - County must collect school district levy.

Education
Opinion 75-8 - Legality of state financed kindergartens.

Opinion 75-26 - Education qualifications – school district elections.

Opinion 75-39 - Kindergarten attendance not included in computing district’s average daily attendance.

Opinion 75-59 - State Board of Education controls junior colleges.

Opinion 75-67 - County must collect school district levy.

Elected Officials
Opinion 75-3 - Treatment of group insurance and deficit.

Opinion 75-16 - Appointment to fill vacancy at Pea and Lentil Commission.

Opinion 75-48 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Opinion 75-53 - Voting member of Land Board.

Elections
Opinion 75-6 - Propriety of taxing unit spending funds to promote bond election.

Opinion 75-26 - Election qualifications – school district elections.

Opinion 75-28 - Sunshine Act – “Political Committee” defined – Certification of political treasurers.

Opinion 75-42 - Elector’s registration cancelled for failure to vote for four years.

Opinion 75-68 - Legality of “Head to Head” statute – Election of state representatives.

Endowment Lands
Opinion 75-25 - Conflict of interest.

Finance
Opinion 75-13 - I.S.A. may apply to cooperative marketing associations.

Governor
Opinion 75-16 - Appointment to fill vacancy at Pea and Lentil Commission.

Opinion 75-53 - Voting member of Land Board.

Health and Welfare
Opinion 75-35 - Tax Commission may obtain records from Bureau of Vital Statistics.

Opinion 75-37 - Appropriation to the Department of Social Services.

Opinion 75-38 - District health departments are state agencies subject to purchasing laws.

Opinion 75-61 - Protective custody prior to commitment.

Hospitals
Opinion 75-7 - Hospital Board meetings and records.

Insurance
Opinion 75-3 - Treatment of group insurance surplus and deficit.

Opinion 75-27 - Insurers writing automobile liability insurance are members of joint underwriting association for medical malpractice insurance.

Opinion 75-47 - Medical Malpractice Insurance.

Opinion 75-71 - Idaho Broker – Counter signature provisions.

Labor and Industrial Services
Opinion 75-9 - Hearings by Department of Labor and Industrial Services not subject to A.P.A.

Law Enforcement
Opinion 75-15 - Issuance by phone of search warrants.

Opinion 75-23 - Right of private citizen to make arrest.

Opinion 75-52 - Lotteries defined and analyzed.

Opinion 75-61 - Protective custody prior to commitment.

Opinion 75-65 - “Felony Murder” Rule.

Opinion 75-72 - Sheriff not allowed extra fee. Service contract with city.

Legislature
Opinion 75-1 - Subpoena power of Finance-Appropriations Committee.

Opinion 75-4 - Power of Legislative Committee.

Opinion 75-10 - Procedures required and allowable in verification of amendments.

Opinion 75-40 - Taxable income of Legislator. Deferred Compensation Plan.

Opinion 75-68 - Legality of “Head to Head” statute. Election of state representatives.

Liquor
Opinion 75-19 - Liquor Fund share to Auditorium Board.

Opinion 75-44 - Distribution of surplus in state liquor funds.

Opinion 75-49 - Latest census report used to allocate liquor funds.

Opinion 75-55 - Sale of liquor with broken seals – Discounts to military installations – Computation of surcharges and rebates.

Medicine, State Board of
Opinion 75-47 - Malpractice insurance.

Open Meeting Law
Opinion 75-7 - Hospital Board meetings and records.

Planning and Zoning
Opinion 75-5 - Lack of services justifies denial of rezoning request.

Opinion 75-18 - County required to have zoning commission.

Opinion 75-43 - Public hearing on zoning changes – Qualifications of commission members.

Public Employees
Opinion 75-11 - Collective bargaining right of state employees.

Opinion 75-40 - Deferred Compensation.

Opinion 75-41 - “Moonlighting” by state employees. Executive and administrative officers defined.

Opinion 75-57 - Comprehensive liability coverage for volunteers assisting state.

Opinion 75-58 - Legality of incentive awards.

Opinion 75-62 - Compensation for holidays.

Public Funds
Opinion 75-48 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Public Lands
Opinion 75-53 - Governor voting member of Land Board.

Public Utilities Commission
Opinion 75-30 - Effective date of law which suspends public utility rate increases prospectively only.

Public Works
Opinion 75-51 - Legality of lease-purchase contracts by state.

Opinion 75-60 - Subcontractor must hold license to be eligible to bid.

Revenue and Taxation
Opinion 75-12 - Legality of local option taxation.

Opinion 75-14 - Sales tax fund – City share.

Opinion 75-17 - Depreciation schedule – Licensing of pleasure boats.

Opinion 75-29 - Taxation of leased sprinkler pipe.

Opinion 75-33 - Assessed valuation – Calculation of “circuit breaker” tax relief.

Opinion 75-34 - Exemption of religious body.

Opinion 75-35 - Tax Commission may obtain records from Bureau of Vital Statistics.

Opinion 75-50 - Weather modification district.

Opinion 75-63 - Double assessment for property tax evasion.

Opinion 75-64 - Sales and use tax exemptions.

Opinion 75-66 - Property purchased by city not subject to delinquent property taxes.

Opinion 75-67 - County must collect school district levy.

Self-Regulating Agencies
Opinion 75-36 - Legality of interim billing.

Opinion 75-47 - Malpractice insurance.

Transportation
Opinion 75-32 - Road easements on state lands may not be acquired by adverse possession.

Opinion 75-69 - Powers of Highway Department commissioners.

Treasurer
Opinion 75-3 - Treatment of group insurance and deficit.

Opinion 75-48 - Disposition of Capitol Building Fund limited by Idaho Admission Bill.

Water Resources
Opinion 75-20 - Bureau of Reclamation water rights for Ririe Dam subject to rights of prior appropriators.

Opinion 75-22 - Interstate water use.

Opinion 75-31 - Hayden Lake Irrigation District subject to State Board of Health.

Opinion 75-45 - Liability for Barber Dam.

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