Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

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

Opinion 76-9 - Powers of Department of Labor and Industrial Services to enforce building codes for schools and state buildings.

Opinion 76-43 - Legality of reciprocal interstate agreements under U.S. Constitution, Idaho Constitution and statutory law.

Opinion 77-2 - Certification of personnel to supervise installation of plumbing, heating and electrical systems in mobile homes. Preemption by federal regulations.

Opinion 77-3 - Requirement of safety inspection insignia on recreational vehicles. Reciprocal agreements between states.

Opinion 77-8 - Platoon commanders of municipal fire departments may be excluded from union membership.

Opinion 77-28 - Termination of Rehabilitation Division. Industrial accidents.

Guideline 4/14/1981 - Idaho Industrial Commission has no legal authority to waive, reduce or negotiate statutory penalties.

Guideline 4/21/1981 - Applicability of prevailing wage laws to construction of health facilities.

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

Opinion 85-7 - Dedicated fund divisions of Department of Labor and Industrial Services must go through statutory budgeting and appropriation procedures before expending dedicated funds.

Opinion 86-8 - Plumbing Division of State Department of Labor and Industrial Services has authority to issue permits to non-licensed individuals.

Guideline 6/30/1995 - Idaho Code takes precedence over the National Electrical Code for installation of manufactured home electrical service equipment.

Certificate 7/14/1995 - Teachers Right to Work Act.

Certificate 7/28/1995 - Minimum Wage Law.

Certificate 7/16/1997 - Initiative Regarding Teachers Freedom to Negotiate".

Certificate 2/25/1998 - Initiative Regarding Minimum Wage Law.

Certificate 2/25/1999 - Initiative Regarding Amendment to title 44, chapter 10, Idaho Code.

Land Board
Opinion 01-4 - Land Board may deposit into land bank fund proceeds from sale of lands belonging to the following endowments: penitentiary, public school, university, scientific school, agricultural college, normal school, mental hospital, and charitable institutions; but not from capitol permanent endowment.

Opinion 01-4 - Land Board retains discretion in deciding whether to deposit proceeds from sale of parcels of endowment lands into land bank fund; if not placed in land bank fund, must be placed in appropriate permanent endowment fund.

Opinion 01-4 - Proceeds from sale of endowment property may be used to pay for reasonable and necessary costs incidental to sale or acquisition of property prior to deposit into land bank fund.

Opinion 02-1 - Land Board may deposit into land bank fund proceeds from sale of lands belonging to the following endowments: penitentiary, public school, university, scientific school, agricultural college, normal school, mental hospital, and charitable institutions; but not from capitol permanent endowment.

Opinion 02-1 - Land Board retains discretion in deciding whether to deposit proceeds from sale of parcels of endowment lands into land bank fund; if not placed in land bank fund, must be placed in appropriate permanent endowment fund.

Opinion 02-1 - Proceeds deposited into land bank fund may be used to pay reasonable and necessary costs incidental to acquisition or purchase of new endowment property, and Department of Lands precluded from deducting any costs from purchase moneys received in exchange for endowment lands.

Lands
Guideline 2/22/1990 - When state receives grants from federal government, it is bound by terms of grants.

Guideline 3/23/1990 - Legislature may lease public lands by methods other than public auction if revenues are still. maximized

Guideline 9/24/1990 - INEL is owned by federal government but must comply with state environmental laws under waiver of sovereign immunity.

Guideline 2/16/1995 - Art. 9, sec. 8, Idaho Constitution prohibits purchase of more than 320 acres of state land by any one individual, company or corporation.

Guideline 3/31/1995 - No conflict of interest exists for State Land Board member who owns land adjacent to state land, reviews state land leases and votes on appeals by Department of Lands.

Opinion 01-2 - Idaho Constitution, art. 9, § 8, applies to endowment lands and to lands acquired by State after 1982, but does not apply to other lands acquired or owned by State.

Opinion 07-1 - Board of Land Commissioners is trustee of submerged lands within Idaho.

Opinion 07-1 - Legal principles of accretion, reliction and avulsion govern ownership of submerged and formerly submerged lands below and adjacent to navigable waterways.

Opinion 07-1 - Legal basis for Board’s practice of requiring exchange of 25-foot public use easement for grant of disclaimer of State’s interest in formerly submerged lands is in nature of settlement of private boundary dispute based upon competing proprietary claims; exchange does not constitute taking of private property for public purpose without just compensation because easement represents valuable consideration for State’s relinquishment of its claim to ownership of the parcel of land in dispute.

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.

Opinion 76-17 - Sheriff entitled to charge for return of service on Notice of Claim for Small Claims Court.

Opinion 76-21 - Right of criminal defendant in misdemeanor to be represented by non-lawyer.

Opinion 76-32 - Consent of juvenile to be searched on school property for criminal misconduct.

Opinion 76-42 - Responsibility of prosecuting attorney to provide legal services for county and county boards. Right to hire outside counsel.

Opinion 76-56 - Discretion of law enforcement officer to take intoxicated person to home or treatment center.

Opinion 77-9 - Necessity for presence of defendant during trial and sentence hearing for misdemeanor offense.

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.

Opinion 79-4 - Impact of new Right to Keep and Bear Arms Amendment on state laws dealing with concealed weapons and confiscation.

Opinion 79-21 - Contracting county prosecutors or other lawyers for city misdemeanor cases.

Guideline 2/15/1979 - Collection of fees against defendants by sheriff.

Guideline 7/17/1979 - Liability for receiving property believed stolen after recovery by police.

Guideline 11/7/1979 - Department of Law Enforcement has authority to transfer and issue new titles on lien-sold vehicles.

Opinion 80-2 - Authority of city policeman in hot pursuit of suspect.

Opinion 80-23 - Juvenile adjudicated on cause that would be felony or misdemeanor involving moral turpitude if committed by adult not entitled to expungement of record.

Opinion 80-29 - Idaho Courts have no authority to hold preliminary hearings on allegations of parole violations of persons under the Uniform Act for Out-of-State Parole Supervision or Idaho State Correctional Institution.

Guideline 1/17/1980 - Commencement of juvenile proceedings in county of unlawful conduct.

Guideline 2/15/1980 - Validity of curfew ordinances.

Opinion 81-2 - Authority and function of grand jury.

Opinion 81-7 - In absence of arrest or citation, city attorney has duty to investigate applicable law and evidence of citizen’s complaints.

Opinion 81-9 - Deadly force may be used to suppress a riot if reasonable and necessary.

Opinion 81-10 - “Officials of the State of Idaho” are exempt from misdemeanor provisions of concealed weapons statute.

Guideline 4/3/1981 - Naturopathic physician is precluded by Idaho law from practicing naturopathy.

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.

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.

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.

Guideline 2/26/1985 - Possession of slot machines.

Guideline 3/4/1985 - Constitutional for police officers to issue summons by ticketing illegally parked vehicles.

Guideline 3/4/1985 - Duty of police officers to enforce handicap parking privileges applies to private as well as public parking areas.

Guideline 6/3/1985 - Implied consent law is applicable to all drivers of motor vehicles.

Guideline 8/29/1985 - The state fire marshal is a lawful enforcement official having arrest powers in arson cases.

Opinion 86-7 - Certain law enforcement investigation records are exempt from disclosure under Freedom of Information Act.

Opinion 86-16 For purposes of federal Gun Control Act, person remains convicted of felony after release from imprisonment, probation, or parole; however, person who satisfies conditions of a withheld judgment and has judgment expunged by court order is not a convicted felon.

Guideline 10/16/1986 - Juveniles charged with D.U.I. may be prosecuted either as minors or as adults.

Guideline 12/30/1986 - State cannot charge criminally for both outfitting and guiding without a license, as they constitute one act.

Opinion 87-3 - Duty of sheriff to attend courts; court authority to appoint court attendants other than sheriff.

Guideline 2/10/1987 - Alcoholism and intoxication treatment act impliedly repealed prior “drunk in public” statute.

Guideline 8/19/1987 - Involuntary mental commitment proceedings; costs. 87-1 Opinion - Peace officers must obtain P.O.S.T. certification and training within one year of employment.

Guideline 12/2/1987 - State brand inspectors must obtain P.O.S.T. training and certification.

Guideline 11/2/1988 - Sheriff may not keep drug forfeiture funds in separate account; such funds are public moneys and must be treated and accounted for as such.

Guideline 12/13/1988 - Counties are responsible for costs of detention of juveniles under purview of youth rehabilitation act.

Guideline 5/16/1989 - Duties of sheriff in cities that have not contracted for law enforcement services as compared to cities that have so contracted.

Opinion 90-4 - Director of Dept. of Law Enforcement is appointing authority of Idaho Racing Commission.

Opinion 90-5 - Director of Dept. of Law Enforcement is appointing authority of POST Academy.

Guideline 1/18/1990 - Officers under no duty to seize registration cards and license plates of vehicles operated. without insurance

Guideline 9/24/1990 - Idaho Department of Law Enforcement does not regulate activities of INEL.

Guideline 12/14/1990 - Police may release person arrested in case of mistaken identity.

Guideline 12/14/1990 - Supervisory officer may cancel citation issued by subordinate.

Guideline 12/14/1990 - Supervisory officer may not release person validly arrested.

Guideline 4/5/1991 - Sheriff is responsible for guarding prisoner and paying costs of medical care of injured or sick prisoner.

Guideline 5/20/1991 - City police officer called upon to assist county prosecutor outside city limits need not be deputized by sheriff.

Guideline 5/20/1991 - County prosecutor has authority to request assistance in performing investigations without approval of county sheriff.

Guideline 7/15/1991 - Person who pleads guilty and is granted withheld judgment and placed on probation is "de facto felon" under Idaho law.

Guideline 8/7/1991 - Statutory prohibitions excluding resident alien from obtaining license to sell liquor by the drink or beer at retail are unconstitutional.

Guideline 10/16/1991 - Statute suspending driving privileges for minors guilty of alcohol offenses unrelated to operation of motor vehicle is not clearly unconstitutional.

Guideline 4/27/1992 - Authority of local credit union to request prosecution of insufficient funds checks.

Guideline 6/17/1992 - "Indigency" determined by court at prisoner's first appearance.

Guideline 6/17/1992 - When a public defender is legally entitled to visit a newly incarcerated individual.

Guideline 11/6/1992 - Payment of witness fees and mileage to law enforcement officers.

Opinion 92-1 - The fixed term of each sentence must be served consecutively before an incarcerated person is eligible for parole.

Opinion 95-04 - State statutory authority and deputization of tribal law enforcement officials is required for tribal officers to arrest tribal members on tribal warrants outside of reservation boundaries.

Opinion 95-04 - State statutory authority and an agreement with tribe is required for state law enforcement officers to effect arrest based on tribal warrant.

Guideline 2/16/1995 - Article 9, sec. 8, Idaho Constitution prohibits purchase of more than 320 acres of state land by any one individual, company or corporation.

Guideline 8/28/1997 - Although unclear, proper charge against person driving while license suspended pursuant to Family Law Suspension Statute appears to be driving without a license, and not driving without privileges.

Guideline 9/4/1997 - County sheriff has legal obligation to accept lawfully arrested prisoner, and prisoner's intoxication or threat to hurt self may not provided basis for refusal.

Opinion 08-2 - Idaho municipal corporations cannot enter into joint powers agreement to exercise municipality’s police power with any entity other than State of Idaho or its political subdivisions.

Opinion 08-2 - Employees of BYU-Idaho that were previously certified by POST Council as members of the University Division of the Rexburg Police Department qualify as de facto officers.

Opinion 08-2 - POST Council can only certify peace officers who are employees of police or law enforcement agencies which are part of or administered by the State of Idaho or its political subdivisions.

Opinion 10-2 - The Legislature could expand the qualification requirements for sheriffs to include Police Officer Standards and Training (POST) certification.

Legal Tender
Certificate 10/24/2008 - Initiative Regarding Legal Tender in Payment of Debts.

Legalization of Medical Use Marijuana
Certificate 2/13/2010 - Initiative Petition Regarding Legalization of Medical Use of Marijuana

Legislation
Guideline 1/21/1986 - Constitutionality of proposed legislation requiring Board of Education to revoke teaching certificate of any teacher who instructs for or against sectarian or denominational doctrine.

Guideline 2/6/1986 - “Balanced Treatment for Creation Science and Evolution Science in Public School Instruction Act” would most probably be unconstitutional.

Guideline 2/13/1986 - Proposed amendment to Idaho’s Relative Responsibility Act would probably not withstand court scrutiny.

Guideline 2/27/1986 - The Senate may amend House revenue bills to add additional taxes.

Guideline 2/28/1986 - Proposed legislation prohibiting teaching that homosexuality is normal or acceptable form of behavior is constitutionally uncertain.

Guideline 3/20/1986 - Constitutionality of proposed telecommunication deregulation bill.

Opinion 12-1 - Article III, section 14 of the Idaho Constitution requires all revenue raising bills to originate in the Idaho House of Representatives.

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.

Opinion 76-66 - Conflict of interest by state legislator.

Opinion 77-13 - Secret ballot in violation of Idaho Open Meeting Law.

Opinion 77-33 - Legislature empowered to limit options of Land Board in disposal of state “acquired lands.”

Opinion 77-64 - Concurrent Resolutions do not supersede or replace laws.

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.

Guideline 1/22/1979 - Power of legislature to modify citizens’ compensation committee’s recommended legislative pay raise.

Guideline 1/25/1979 - Effective date of concurrent resolutions.

Guideline 3/5/1979 - Constitutionality of exacting real property lien from indigency aid recipients.

Opinion 80-11 - Legislature must reconsider vetoed bills.

Opinion 80-12 - Senate may not adjourn without House concurrence.

Guideline 2/1/1980 - Authority of legislature to repeal charter and impact of one-percent initiative on specially-chartered school districts.

Guideline 2/20/1980 - Legislature may overturn rate schedule handed down by I.P.U.C.

Guideline 5/13/1980 - Legislative authority to act on items not specified in Governor’s proclamation for extra session.

Guideline 5/13/1980 - Legislature may not reconsider, amend or modify appropriation measures of Second Regular Session.

Guideline 12/4/1980 - Procedures to be followed by Senate in judging contest of elections.

Guideline 12/5/1980 - Legislative authority during its organizational session.

Opinion 81-3 - Legislative confirmation of Pacific Northwest Electric Power and Conservation Planning Council member.

Guideline 2/5/1981 - One-percent initiative and budget freeze statute do not repeal or supersede health district sixty-seven percent matching fund levy requirement.

Guideline 3/13/1981 - Discipline of students in Idaho’s public schools.

Guideline 7/8/1981 - Legislative authority to enact qualifications for state legislative elections in addition to those in Idaho Constitution.

Guideline 7/10/1981 - Age qualifications to serve as a legislator and the scope of the Governor’s call.

Guideline 7/17/1981 - Amendment to provide for special election for referenda falls within scope of Governor’s call.

Guideline 7/21/1981 - Selective release on holdback funds.

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.

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.

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.

Guideline 2/21/1985 - Proposed bill barring cause of action for wrongful birth is not unconstitutionally broad or void for vagueness.

Opinion 86-9 - Provision that legislature defer actions on ratification of amendments to U.S. Constitution until after popular referendum conflicts with art. V. of U.S. Constitution and therefore is a nullity.

Opinion 87-6 - Provision purporting to allow legislature to reject approved minimum stream flow application by concurrent resolution is unconstitutional.

Guideline 3/26/1987 - Tort reform bill S1223 does not violate art. 3, §16, Id. Const., regarding unity of subject and title.

Guideline 12/31/1987 - Legislation establishing state reward program may not be administered by private entity such as Citizens Against Poaching (CAP); Department of Fish and Game may administer program and enter into agreements with private entities to provide services to the Department.

Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

Guideline 11/2/1988 - Public school district employee may serve in legislature.

Guideline 3/28/1989 - Differences between legislative intent as expressed in a letter from legislature, a concurrent resolution, a concurrent resolution amending an agency regulation, and statutory legislative intent whether codified or not.

Guideline 8/3/1989 - Validity of local government ordinances is face of statewide nutrient management plan to protect lakes.

Guideline 12/19/1989 - State senator or representative may see and hold office of precinct committeeman.

Opinion 90-7 - Lieutenant Governor is authorized to cast tie-breaking vote in the Senate.

Guideline 6/20/1990 - Staff members of legislature not restricted from participating in political activities.

Guideline 2/5/1991 - Annual appropriation to underground storage tank program would have the effect of suspending operation of continuous appropriation during period of annual appropriation.

Guideline 3/5/1991 - Participation by legislators in biennial legislative tour of northern Idaho does not violate Bribery and Corrupt Influence Act.

Guideline 4/30/1991 - Individual may hold offices of mayor and state legislator at same time.

Guideline 5/22/1991 - Effective date of Idaho Code § 39-6504(1) regarding waste tire disposal is January 1, 1993.

Guideline 8/15/1991 - Acceptance of complimentary "Buy Idaho" gift pack did not violate either Bribery and Corrupt Influence Act or Ethics in Government Act.

Guideline 11/4/1991 - Legislature has constitutional duty to balance appropriations with projected revenues adopted by concurrent resolution.

Guideline 1/30/1992 - Constitutionality of the appropriation of money to the Department of Commerce for the administration of grants to BIDCO.

Guideline 2/7/1992 - Constitutional prohibitions against tax credit systems for parents whose children attend private schools.

Guideline 2/28/1992 - Constitutional limits on a statutorily created cause of action for agricultural food product disparagement.

Guideline 2/28/1992 - Legal status of non-cognizable funds.

Guideline 2/28/1992 - Statutory authority of inter-departmental transfers of money.

Guideline 3/8/1994 - Legislation creating and appropriating funds for Governor's Residence Account is constitutional and does not violate gubernatorial line item veto provisions.

Certificate 4/1/1996 - Term Limit Initiative.

Opinion 99-2 - Bills potentially affecting general revenues should be introduced in house of representatives.

Certificate 5/28/1999 - Idaho State Term Limits Act of 2000.

Certificate 5/28/1999 - Idaho Term Limits Act of 2000.

Guideline 7/6/2001 - Federal Voting Rights Act does not per se prohibit multi-member districts in instances where protected class could constitute majority of a single-member sub-district; however, extensive fact-finding and legal analysis required to determine violation of Voting Rights Act is not function of Commission for Reapportionment.

Guideline 7/6/2001 - Idaho Constitution addresses only legislative "districts" and Commission for Reapportionment may not apportion House of Representatives by use of "sub-districts".

Guideline 7/6/2001 - Idaho Constitution does not preclude formation of a House of Representatives smaller than 70 members by Commission for Reapportionment, but single-member districts or mix of two-seat multi-member districts with one-seat single-member districts conflict with Idaho Code.

Certificate 8/23/2001 - Initiative Concerning State Term Limits.

Certificate 2/28/2002 - Initiative Concerning State Term Limits.

Opinion 10-2 - The Legislature could expand the qualification requirements for sheriffs to include Police Officer Standards and Training (POST) certification.

Libraries
Opinion 76-19 - City libraries allowed to set aside one-half of income for building.

Opinion 76-58 - Petitions for library districts.

Opinion 77-32 - Application of public bidding laws to city libraries.

Guideline 5/7/1979 - Establishment of new library districts under one-percent initiative and budget freeze.

Guideline 8/17/1979 - Power of Library Board.

Opinion 92-4 - Formation of school-community library districts.

Opinion 92-4 - Taxing authority of school-community library districts.

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.

Guideline 2/26/1988 - Lieutenant Governor, as presiding officer of Senate, performs ministerial function of signing expense vouchers and claims.

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.

Opinion 77-51 - Entitlement to interest earned on idle funds held by State Treasurer’s office for State Liquor Dispensary.

Guideline 3/12/1979 - Proper I.D. for purchase of alcoholic beverage and liability of licensee.

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.

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

Guideline 1/16/1985 - Whether exceptions to alcohol laws are broad enough to cover chaperoned graduation parties.

Guideline 2/2/1985 - State Liquor Dispensary may remain liable for any remaining financial obligation of broken lease.

Opinion 86-4 - 1985 amendment to title 23, Idaho Code, did not allow beer and wine sales after one o’clock a.m.

Opinion 86-14 - Higher tax on wines produced outside state of Idaho is unconstitutional.

Guideline 2/3/1986 - Non-partisan political activities of state liquor dispensary superintendent not prohibited.

Guideline 2/10/1987 - Alcoholism and Intoxication Treatment Act impliedly repealed prior “drunk in public” statute.

Guideline 3/5/1987 - Given unconstitutionality of 1984 amendment to wine tax statute, Tax Commission should enforce law as written prior to amendment.

Guideline 7/9/1987 - City regulation of bar closing hours.

Opinion 88-8 - Small breweries holding brew pub license can sell to retailers without obtaining wholesaler’s license.

Guideline 3/31/1988 - City cannot require prospective tavern owner to obtain consent of adjacent residents before issuing liquor license.

Guideline 10/9/1990 - Two distinct establishments may not operate under one liquor license.

Guideline 8/7/1991 - Statutory prohibitions excluding resident alien from obtaining license to sell liquor by the drink or beer at retail are unconstitutional.

Local Improvement District
Opinion 79-7 - Impact of one-percent initiative and budget freeze limitations on local improvement districts.

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