Idaho Attorney General Opinions

The Idaho Judicial Accountability. Act of 2004

Court would likely find I.C. 41-2819, which requires insurance holding companies to obtain solicitation permit from director of Dept. of Insurance prior to soliciting Idaho investors for exempt private offering of federally covered securities pursuant to Rule 506 of Regulation D promulgated under Securities Act of 1933, to be preempted by National Securities Markets Improvement Act of 1996.

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.

Initiative Concerning State Term Limits.

Initiative to Amend Title 36-102 That Governs the Idaho Fish and Game Commission.

Initiative Regarding Judicial Accountability Initiative Law.

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.

Initiative Concerning State Term Limits.

Determination by director that there are no viable agricultural alternatives to crop burning must be based on documentary evidence to create a record that can be reviewed by a court under the Administrative Procedures Act.

Initiative Regarding Tribal Video Machine Gaming.

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.

Initiative Regarding Testing of Candidates for Public Office.

Correctional Industries products may not be sold to retail or wholesale establishments that (1) are not in business of selling such products or (2) do not intend to sell Correctional Industries products.

Analysis of Idaho's tiered premium tax statutes under the U.S. and Idaho Constitutions.

Annexation of adjacent unincorporated property.

Proposed Initiative Regarding Small Stakes Video Machine Gaming.

Proposed Initiative Regarding Amendment to Idaho Code § 67-6525.

Bills potentially affecting general revenues should be introduced in house of representatives.

Initiative Regarding Election of Fish and Game Commissioners.

Ballot access restrictions do not apply to members of judiciary.

Initiative Regarding Amendment to title 44, chapter 10, Idaho Code.

Initiative Regarding Minimum Wage Law.

Legal analysis of abortion issues based upon existing Statute, draft legislation, and recent court decisions.

Legislature may grant income tax credit to parent or legal guardian who complies with state's compulsory education law by means other than public school system.

Initiative Regarding Regulation of Black Bear Hunting.

Initiative Regarding Process Governing Initiatives.

Initiative Regarding Congressional Term Limits Pledges.

Property Tax Relief Initiative.

Radioactive Material Initiative.

Taxation on Real Property to One Percent of Assessed Value.

Lava Hot Springs Foundation has statutory authority to (1) manage use of springs and waters located on lands under its control, subject to regulation by Dept. of Water Resources; and (2) enter into agreement involving easement with private party to discharge waste water so long as agreement is consistent with Foundation's state water right.

Legislature's transfer of moneys from recreational vehicle fund to park and recreation fund to support gateway visitor centers is binding on Parks and Recreation Board.

One Percent Initiative conflicts with property tax statutes and possibly other statutes.

Indian-owned lands within boundaries of Indian reservation are subject to ad valorem taxation by county governments unless lands are held in trust by federal government or otherwise subject to restrictions on alienation.

Term Limit Initiative.

Radioactive Waste Initiative.

Current law does not allow a political subdivision to voluntarily withdraw from PERSI.

State of Idaho employees or facilities may not be shared with or loaned to private charitable foundations unless such act serves a public purpose and is directly related to a function of government.

Department of Health and Welfare's statutory subpoena power is not limited by Public Records Act.

Sales Tax Initiative-Sales Tax Rate.

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.

Idaho Code § 63-923, the one percent property tax limitation, is incapable of implementation.

Minimum Wage Law.

Non-Public Education Enhancement Act.

Family and Child Protection Act.