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.)

F

Federal Laws, Enforcement of
Certificate 2/10/2010 - Initiative Petition Regarding Enforcement of Federal Laws.

Fetal Health
Opinion 91-1 - State's compelling interest in protecting potential human life from fetal drug abuse will override woman's interest in personal privacy and permit some degree of state intervention.

Certificate 7/19/1995 - Protection from Late Term Abortion Act".

Certificate 7/21/1995 - Family and Child Protection Act.

Certificate 10/13/1995 - Definition of Life.

Finance
Opinion 75-13 - I.S.A. may apply to cooperative marketing associations.

Opinion 76-2 - Adjustment on consumer loan limits.

Opinion 82-4 - Investment of surplus or idle money under Public Depository Law permissible subject to limitations.

Opinion 85-6 - The Department of Finance may destroy useless bank records.

Opinion 85-6 - Unclaimed Property Act – Bank Act – Central Records Management.

Opinion 86-17 - To perfect security interest in farm products, designation of county alone is sufficient legal description of real estate.

Opinion 87-11 - Imposition of late charges upon open-end credit accounts and interest-bearing consumer credit transactions; disclosure as “finance charges.”

Opinion 89-4 - Emergency Communications Act charges for funding 911 county emergency communication systems not intended to apply to state.

Opinion 89-8 - Interest earnings upon funds dedicated to highway purposes by Idaho Const. Art. 7, § 17, must be credited to highway distribution account.

Opinion 89-11 - Moneys in county vessel funds to be spent only on water-related recreational boating improvements.

Opinion 89-11 - Moneys in the Waterways Improvement Fund may be expended for land-based projects, if primarily for benefit of those engaged in boating activities.

Opinion 90-1 - A legislative appropriation is required in order to credit account with interest earned in prior fiscal year.

Opinion 90-1 - Interest earnings on license revenues in fish and game account must be credited to that account.

Opinion 90-8 - School district may sell refunding bonds at a premium without violating art 8, § 3.

Guideline 1/11/1990 - County finance measures may originate in senate.

Guideline 1/24/1990 - Bill reducing sales tax must originate in house of representatives.

Guideline 2/6/1990 - Interest on fish and game account must be credited to that account.

Guideline 2/7/1990 - Statute authorizing state to loan money to private business may be unconstitutional.

Guideline 3/19/1990 - State may create a reserve account.

Guideline 11/28/1990 - Registered warrant procedure recommended to handle racing commission cash flow problems.

Opinion 05-1 - Creditor evaluating individual loan application from married Idaho applicant incurs significant risk collecting on defaulted loan if creditor failed to consider possibility of divorce; if non-applicant spouse did not sign promissory note or loan contract, non-applicant spouse’s income or share of community property may be beyond creditor’s reach if borrower divorces.

Opinion 05-1 - Creditor may be unable to collect on defaulted loan to married Idaho applicant after death of signing spouse if creditor relied on personal property to satisfy unsecured loan and surviving spouse did not sign promissory note or loan obligation.

Firearms
Opinion 90-3 - Regulation of concealed weapons is constitutional.

Opinion 90-3 - Concealed weapon statute violates due process if overly vague.

Certificate 10/13/1995 - Volunteer Militia Organizations.

Certificate 2/10/2010 - Initiative Petition Regarding Idaho Firearms Freedom Act.

Fire Districts
Opinion 77-48 - Discretion to levy tax upon lands, improvements or personal property in a uniform matter.

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

Guideline 8/8/1979 - Fire Protection Districts not authorized to maintain ambulance services.

Guideline 6/2/1982 - Collection of fire protection fees from fire protective association and districts.

Guideline 4/4/1990 - A district can contract for fire protection with an individual or public agency outside the district.

Guideline 4/4/1990 - An exempt public utility may consent to taxation to gain fire protection.

Guideline 4/4/1990 - City council must approve inclusion of city in fire district.

Guideline 4/4/1990 - Fire districts must be formed with contiguous boundaries.

Guideline 4/4/1990 - Fire protection need not be provided to tax-exempt public utilities and unimproved real property.

Fire Marshal
Guideline 8/29/1985 - Fire Marshal has authority to carry concealed weapon during arson investigation.

Fire Protection Commission
Guideline 9/1/1989 - Requirement that a fire protection commissioner be free-holder resident violates art. 1, § 20, of Idaho Constitution.

Fish and Game
Opinion 76-46 - Legality of the procedure for proxy voting by commission members.

Opinion 77-58 - Policies regulating Fish and Game enforcement personnel.

Opinion 80-27 - Commission has authority to require submission of full fees for controlled hunt permits and tags with each application.

Opinion 81-16 - Department has no authority to concede jurisdiction over non-Indian fee lands or to require non-Indian landowners and hunters to purchase tribal hunting permits.

Opinion 82-3 - Exchange of lands by Fish and Game.

Guideline 2/22/1984 - Authority of Department of Fish and Game to enter into cooperative road closure agreements.

Guideline 8/7/1984 - Distribution of brochure by Department to promote primarily private activities is improper under public purpose doctrines of Idaho Constitution.

Guideline 8/15/1984 - Hunting permit lottery unconstitutional.

Guideline 9/18/1985 - Conditions under which Idaho residents lose their resident hunting and fishing privileges while absent from state.

Opinion 86-5 - Prohibition against possession of uncased firearm by person in forest and fields intending to hunt without a license does not violate art. 1, § 11, of Idaho Constitution.

Guideline 2/14/1986 - Requirement that Fish & Game commissioner must declare name of political party to which he belongs at time he takes oath of office is constitutional.

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 6/25/1993 - Dept. of Fish and Game may not charge application fee in excess of statutory rate and state may not issue refunds to third parties without waivers or statutory authority.

Certificate 7/22/1997 - Initiative Regarding Regulation of Black Bear Hunting.

Certificate 3/31/1999 - Initiative Regarding Election of Fish and Game Commissioners.

Certificate 2/21/2002 - Initiative to Amend Title 36-102 That Governs the Idaho Fish and Game Commission.

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