1978 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.

Administrative Procedure Act
Opinion 78-12 - Revocation or amendment of administrative rules and regulations previously approved by legislature.

Agriculture
Opinion 78-3 - Interest from Rural Rehabilitation Loan Fund.

Cities
Opinion 78-25 - Authorization of mayor to break tie vote of council.

Commissions and Boards
Opinion 78-11 - Relation of Human Rights Rules and Regulations to concept governing Human Rights Commission. Status of the Commission as a 706 deferral agency.

Corporations
Opinion 78-29 - Architects and engineers cannot incorporate to provide professional services of both professions.

Opinion 78-33 - Corporation can create common stock with restricted voting privileges.

Corrections
Opinion 78-2 - Bid process in awarding contract to Board of Correction.

Opinion 78-17 - Probation conditional upon performance of non-compensated public service. Coverage/liability of probationer.

Districts
Opinion 78-14 - Requirements relative to collective bargaining and compulsory arbitration.

Education
Opinion 78-34 - Educational institutions not exempt from requirements of Idaho Outfitters and Guide Act.

Elected Officials
Opinion 78-3 - Interest from the Rural Rehabilitation Loan Fund.

Opinion 78-18 - Presentation issue re H.B. 480. Bill as passed by Legislature controls.

Opinion 78-21 - Creation, appointment and term of new district judgeship.

Opinion 78-32 - Executive Order #77-11 re comprehensive plan for data processing is applicable to elective offices.

Opinion 78-43 - State Treasurer lacks authority to sell or incur loss from sale of investments of “idle monies” prior to maturity.

Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Elections
Opinion 78-24 - Resignation and subsequent eligibility for re-appointment of magistrate.

Employment
Opinion 78-27 - Legislation required to change Public Employee Retirement System Act.

Opinion 78-30 - Clarification of employment of directors and staff of regional LEPC.

Environment
Opinion 78-42 - Authority of Health and Welfare or local government to implement mandatory motor vehicle emissions program.

Examiners, State Board of
Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Fire Districts
Opinion 78-14 - Requirements relative to collective bargaining and compulsory arbitration.

Governor
Opinion 78-18 - Presentation issue re H.B. 480. Bill as passed by Legislature controls.

Opinion 78-21 - Creation, appointment and term of new district judgeship.

Health and Welfare
Opinion 78-42 - Authority of Health and Welfare or local government to implement mandatory motor vehicle emissions program.

Hospitals
Opinion 78-20 - Constitutionality of participation of church-related hospitals in Hospital Liability Insurance Trust.

Human Rights
Opinion 78-2 - Relation of Human Rights Rules and Regulations to concept governing Human Rights Commission. Status of the Commission as a 706 deferral agency.

Insurance
Opinion 78-10 - Lending institution transacts business as insurer by entering into consumer service contracts.

Opinion 78-13 - Payment of health benefits through “self-funded” medical plan.

Opinion 78-20 - Constitutionality of three-year participation requirement proposed by Idaho Hospital Liability Insurance Trust.

Opinion 78-35 - Obligation of Idaho Life and Health Insurance Guaranty Association to certificate holders of insolvent “member insurer.”

Judicial
Opinion 78-21 - Creation, appointment and term of new district judgeship.

Opinion 78-24 - Resignation and subsequent eligibility for appointment of magistrate.

Opinion 78-36 - Limitations to accumulated balances of district court funds.

Opinion 78-45 - Exemption of state judiciary and staff from statutory travel and per diem allowances.

Law Enforcement
Opinion 78-23 - Review by commissioners of confidential personnel files of police officers.

Opinion 78-30 - Clarification of employment of directors and staff of regional LEPC.

Legislature
Opinion 78-4 - Loaning of state credit.

Opinion 78-12 - Revocation or amendment of administrative rules or regulations previously approved by legislature.

Opinion 78-15 - Time within which bills presented to governor prior to legislature adjournment must be acted upon.

Opinion 78-18 - Clerical error causing erroneous presentment of bills.

Motor Vehicles
Opinion 78-5 - Allocation of types of motorcycle registration fees.

Opinion 78-9 - Collection of use fees on motor vehicles leased by construction companies.

Opinion 78-42 - Authority of Department of Motor Vehicles or local government to implement mandatory motor vehicle emissions.

Planning and Zoning
Opinion 78-7 - Repeal of Local Planning Act.

Private Lands
Opinion 78-41 - Tie-in of exclusive right to sell lots in sale of real property for subdivision is restraint of trade.

Public Employees
Opinion 78-1 - Funding of state compensation plan.

Opinion 78-8 - Participation of state employees in state-held public auctions.

Opinion 78-14 - Requirements relative to collective bargaining and compulsory arbitration.

Opinion 78-16 - Change of pay grade by IPC.

Opinion 78-22 - Exemption of city/county employees or volunteers from workers’ compensation.

Opinion 78-23 - Review by commissioners of confidential personnel files of police officers.

Opinion 78-27 - Legislation required to change Public Employee Retirement System Act.

Opinion 78-30 - Clarification of employment of directors and staff at regional LEPC.

Opinion 78-31 - Effects of cost-of-living adjustments in retirement benefits.

Opinion 78-39 - No conflict between statute adopting monthly basis for in-grade increases and longevity increments, and statute adopting hourly basis for payroll, vacation or annual leave, sick leave, etc.

Public Funds
Opinion 78-44 - Appropriation of public funds for celebrations, entertainment.

Public Lands
Opinion 78-6 - State Land Board may promulgate rules authorizing competitive bidding.

Opinion 78-28 - “Ten-percent fund” re state timber lands not for fire suppression.

Opinion 78-38 - Reinstated land sale contracts reserve mineral rights.

Public Works
Opinion 78-2 - Bid process in awarding contract to Idaho Board of Corrections.

Opinion 78-19 - Use of design method in construction of public facilities.

Revenue and Taxation
Opinion 78-13 - Payment of health benefits through “self-funded” medical plan.

Opinion 78-26 - Tax Commission not authorized to collect hotel/motel occupancy or liquor by the drink taxes.

Opinion 78-37 - One-percent property tax initiative.

Opinion 78-40 - County certification of tax levies and repayment of tax anticipation notes. Definition of cash bonds.

Treasurer
Opinion 78-3 - Interest from the Rural Rehabilitation Loan Fund.

Opinion 78-43 - State Treasurer lacks authority to sell or incur loss from sale of investments of “idle monies” prior to maturity.

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