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.)

S

Sales Tax
Certificate 9/24/2013 - Initiative Related to Proposed Amendments to the Idaho Sales Tax Statutes.

Certificate 12/12/2011 - Proposed Initiative to Broaden the Sales Tax Base and Lower the Sales Tax Rate.

Certificate 1/25/2011 - Initiative Petition Regarding Broadening the Sales Tax Base and Lowering the Sales Tax Rate.

Opinion 14-2 - The Idaho Unfair Sales Act makes illegal the advertising, offer to sell, or retail sale of any merchandise below a statutory definition of cist in the State of Idaho. Additionally, Idaho's Competition Act addresses below cost sales to the extent that such sales are deemed predatory.

Opinion 14-2 - The Idaho Unfair Sales Act prohibits deceptive advertising. Additionally, the Idaho Consumer Protection Act was enacted with the purpose of deterring deceptive or unfair trade practices. Thus, if the Unfair Sales Act were repealed, remaining Idaho law would still be in place that prohibits deceptive advertising.

Schools
Opinion 76-5 - “School Ring Extended Service Agreement” constitutes insurance subject to regulation by the Department of Insurance.

Guideline 7/1/1999 - School district must follow provisions in § 33-601(4) to convey or transfer real property; when purchasing land, district is exempt from public notice provisions of § 33-601(2).

Secretary of State
Opinion 76-30 - Secretary of State prohibited from selling Idaho Code Books.

Opinion 76-51 - Legality of stop payment on cashier’s check.

Guideline 1/12/1994 - Non-residents doing business in Idaho may qualify to be commissioned as notaries public.

Self-Regulating Agencies
Opinion 75-36 - Legality of interim billing.

Opinion 75-47 - Malpractice insurance.

Opinion 77-5 - Certification of hearing aid dealers and fitters – Audiologists.

Opinion 77-19 - Podiatrists are “health care providers” within meaning of Idaho Code.

Opinion 77-20 - Subdivisions of state may not become members of corporations nor perform license examinations outside state.

Opinion 77-25 - Distinguishing between Certified Public Accountants and Licensed Public Accountants.

Opinion 77-60 - Nurse practitioners may be regulated and licensed.

Opinion 82-5 - Recording of survey statutes is supplementary to existing laws.

Guideline 2/26/1982 - National Conference examinations as applied by Board of Morticians.

Opinion 86-1 - Legislature may restrict use of word “accountant” to licensed and certified individuals.

Opinion 87-12 - Rules governing conduct of certified nurse anesthetists need only be promulgated by Board of Nursing.

Service Fees
Opinion 79-14 - Service fees charged in lieu of ad valorem taxes.

Sewer Districts
Opinion 77-12 - Definition of taxing power – Mortgage of property prohibited – Bonding requirements.

Opinion 80-9 - Assessment of additional monies in sewer use fee to maintain sewage treatment plant.

Opinion 80-22 - Uniform Plumbing Code does not apply directly to Central Orchards Sewer District.

Guideline 1/30/1981 - Expending public funds to connect private residences to public sewer system constitutional.

Social Security
Opinion 80-28 - Payments made to employees due to illness or disability are separate from wages.

Solid Waste Facilities Act
Guideline 5/10/1996 - 1996 amendments to Solid Waste Facilities Act apply to commercial solid waste facilities that have obtained local and state approvals but are not constructed and in operation on date of enactment.

State Boundary
Guideline 3/7/1980 - Main responsibility of Permanent Building Fund Advisory Council.

Opinion 88-7 - State’s full civil and criminal jurisdiction extends to all activities on Idaho side of main navigable channel of river forming state boundary.

State Buildings
Opinion 76-35 - Legality of certain titles and leases. Sufficiency of Senate Concurrent Resolution to authorize construction.

Opinion 77-6 - Legality of using permanent building funds for building programming and space planning studies.

Opinion 77-49 - Ownership of buildings erected by Building Authority does not transfer to state.

Opinion 80-1 - Appropriation of Permanent Building Fund to state agencies.

Opinion 83-2 - Power and procedure for State Building Authority to acquire and dispose of state buildings.

State Contracts
Guideline 4/11/1990 - Previously bid state contract may be accepted without competitive bidding.

State Insurance Fund
Guideline 3/10/1998 - Analysis of House Bill 774, which would restructure the State Insurance Fund as an "independent body corporate politic".

State Sovereignty Act
Certificate 2/17/2010 - Initiative Petition Regarding State Sovereignty Act.

Statutes
Guideline 1/24/1990 - If later statute invalid, prior statute remains in force.

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