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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How should an Idaho governing body interpret the Open Meetings Act's hiring exception, and what should it do if an executive session 'drifts' from its stated purpose?
Narrowly, and immediately. The AG concluded that all of the Open Meetings Act's executive-session exceptions, including the Idaho Code § 67-2345(1)(a) hiring exception, must be read narrowly so that t…
Did Idaho's 1994 voter-passed term limits law (Idaho Code 34-907) reach state judges, or only executive-branch officials?
No. The 1994 voter-passed term limits law restricting 'state elected officials' to eight of fifteen years was likely meant to cover only executive-branch officers, not the judiciary. The ballot title …
Does Idaho's penny-per-gallon fee on petroleum delivery, used to fund underground-tank cleanup insurance, illegally divert money that the state Constitution earmarks for highways?
No. The AG concluded the one-cent transfer fee is a regulatory fee tied to the cost of cleanup insurance, not a tax on motor-vehicle fuel. Even if a court called it a tax, it would tax the act of deli…
Did the State of Idaho itself have to pay the new monthly 911 telephone-line charge that counties used to fund emergency communications systems?
The 1989 AG opinion concluded the State did not have to pay. The Emergency Communications Act 'line user fee' was actually a tax, not a fee, and likely a tax in lieu of property tax that Idaho Const. …
Can an Idaho craft brewery with a brew-pub license sell its beer directly to other restaurants and stores without also getting a wholesaler's license?
Yes. The 1988 AG opinion concluded that Idaho Code § 23-1003 allowed Idaho-licensed brewers producing under 30,000 barrels a year to sell directly to retailers without a wholesaler's license. The conf…
If an Idaho water right holder files to change the point of diversion or place of use, does that filing pause the five-year forfeiture clock for nonuse?
No. The 1988 AG opinion concluded that filing a transfer application did not toll the five-year forfeiture clock under Idaho Code § 42-222(2). For water placed into the state water supply bank, the AG…
Does the long earth embankment around the southern end of Mud Lake count as a 'dam' under Idaho's Dam Safety Act, and could the state be sued if the Water Resource Board failed to regulate it?
The 1988 AG opinion concluded that the Mud Lake embankment qualified as a dam under Idaho Code § 42-1711(b) because it stored more than 50 acre-feet of water. Idaho Code § 42-1710 mandated regulation …
Did Idaho's Medicare supplement insurance law cover policies sold to disabled people on Medicare, or only people on Medicare 'by reason of age'?
The 1987 AG opinion concluded that Medicare supplement policies could be sold to persons eligible for Medicare by reason of disability (not just by age), and the Director of the Department of Insuranc…
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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.