Idaho Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Idaho, with full citations and the original source on every page.
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Can an Idaho school district run a second plant facilities levy on the ballot before its current 10-year levy expires?
No. Idaho Code § 33-804 lets a district either amend its existing plant facilities levy or wait until that levy expires. There is no third path. A levy passed concurrently with an existing one is unau…
If I bought a house in Idaho in July, do I get the full homestead property-tax exemption for that year, or only a prorated half?
Based on this opinion, a homeowner can apply for the homestead exemption at any time during the year and receive the full exemption, there is no statutory basis for prorating it. Verify current law an…
Can Idaho Correctional Industries sell its prison-made goods to a private retailer or wholesaler that just wants to use the goods itself, instead of reselling them to the public?
No. Idaho Correctional Industries can sell to retail or wholesale establishments only if those buyers intend to resell the goods to the general public. The 1978 amendments to Idaho Code 20-413 dropped…
Was the 1996 Idaho One Percent Initiative capable of being implemented as written, and how would it have affected school funding, voter-approved bonds, urban renewal districts, and charter school districts?
No. The AG concluded the initiative could not be implemented because it imposed a 1% cap without giving any official the authority to enforce it, and warned of cascading conflicts with the property ta…
When Idaho's 1992 legislation moved school-community libraries into the new library-district statutes, did the four existing libraries automatically become independent library districts, or did they have to hold a new election to start over?
They automatically became school-community library districts on July 1, 1992, with their own boards and continuous taxing authority. The legislative history makes clear that the Idaho Legislature neve…
When an Idaho inmate has multiple consecutive sentences, each with both a fixed and an indeterminate portion, how do the fixed and indeterminate parts get stacked for parole eligibility?
All the fixed (minimum) terms must be served consecutively first, before any indeterminate period starts to run. After the fixed terms are completed, the indeterminate terms are added together to dete…
Can Idaho's parole commission schedule a parole hearing before an inmate's fixed minimum term has expired so the inmate can actually be paroled the day eligibility kicks in?
Yes. The AG concluded that the Commission for Pardons and Parole can hold an initial parole hearing before an inmate's determinate sentence runs out, so that release can happen on the eligibility date…
Was Idaho's 1990 concealed-weapons licensing statute constitutional?
No. The AG concluded that Idaho Code § 18-3302 was void for vagueness in nearly every operative provision: who qualifies, what 'sport' or 'travel' means, who decides on revocation, when the outdoors-e…
Could Idaho's Plumbing Division issue plumbing permits to people who were not licensed plumbers?
Yes, in limited circumstances. The AG concluded the Plumbing Division had authority under chapter 26 of title 54 to issue permits to non-licensed individuals or firms when needed to protect public hea…
After H 708 extended Idaho liquor-by-the-drink hours to 2 a.m., could counties also extend beer and wine sales to 2 a.m. by ordinance?
No. The AG concluded that H 708 extended only liquor-by-the-drink sales (and added a 30-minute consumption grace period for that category). Beer and wine sales still had to end at 1 a.m., and the grac…
Were Idaho cities, counties, school districts, and other political subdivisions required to carry mandatory automobile liability insurance under Idaho Code § 49-233?
No. The AG concluded that political subdivisions were exempt from the mandatory auto liability insurance laws because § 49-1533 expressly exempts state and local government vehicles from the financial…
Could the Idaho Water Resource Board issue revenue bonds to finance a stand-alone hydroelectric project that did not provide irrigation or other water-development benefits?
Yes. The AG concluded that Idaho Code § 42-1734(x) authorized the Water Resource Board to issue revenue bonds and loan the proceeds to a local water-project sponsor for a hydroelectric project, and th…
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Attorney general opinions in Idaho are written by the Idaho Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.