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.)

I

Idaho State Police
Guideline 7/2/2008 - Positions of POST Academy Training Coordinator II and III and Executive Director are not equivalent to positions of Idaho State Police Sergeant, Lieutenant and Major.

Guideline 7/2/2008 - POST Academy Training Coordinator II and III and Executive Director are not required to be commissioned; incumbents may, but are not required to, maintain current POST certification as condition of employment.

Guideline 7/2/2008 - Decision to commission or decommission positions of POST Academy Training Coordinators II and III and Executive Director is within discretion of Idaho State Police Director

Indian Reservation
Guideline 10/14/1994 - Industrial Commission may require Indian employers doing business within reservation to comply with workers' compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally owned business.

Guideline 10/14/1994 - State district court judgment may be enforced on reservation in an action brought in tribal court.

Opinion 95-04 - State statutory authority and an agreement with tribe is required for state law enforcement officers to effect an arrest based on tribal warrant.

Opinion 95-04 - 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.

Opinion 96-02 - 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.

Guideline 2/10/1999 - Counties possess general authority to require non-Indians residing on non-Indian fee lands within Indian reservation to obtain county building permits and comply with county land use requirements.

Guideline 5/5/1999 - Nez Perce Tribe revoked consent to state jurisdiction over certain crimes; state, however, retains jurisdiction over offenses listed in § 67-5101.

Certificate 12/13/1999 - Proposed Initiative Regarding Small Stakes Video Machine Gaming.

Certificate 7/12/2001 - Initiative Regarding Tribal Video Machine Gaming.

Indians
Opinion 76-23 - Indians not eligible to participate in programs under U.S. Land and Water Conservation Act.

Opinion 76-57 - Taxation of cigarettes sold to non-Indians on reservation land.

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

Guideline 12/10/1981 - Dog control ordinances of cities located on Indian reservations.

Guideline 3/1/1982 - Authority of Department of Law Enforcement to enter into cooperative agreements with Indian tribes.

Guideline 11/6/1984 - State of Idaho owns beds of Snake and Blackfoot Rivers if rivers were navigable at time of statehood and if Fort Bridger Treaty extinguished prior to statehood any aboriginal title claimed by Shoshone-Bannock Tribes.

Opinion 88-5 - Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Guideline 7/1/1988 - Indian-owned firms are subject to public works licensing requirements of state board.  A license is not required for public works projects performed on federal trust lands within the reservation.

Guideline 4/10/2006 - City of Plummer’s annexation authority not compromised by assumed reservation status of adjacent lands.

Industrial Commission
Opinion 88-5 - Commission may require Indian employers doing business within reservation to comply with workers’ compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally-owned business.

Guideline 1/30/1991 - Except to extent that database contains records of hospital care, medical records, records of psychiatric care, or counseling records, Industrial Commission does not have legal basis to refuse to furnish copy of workers’ compensation claim database pursuant to request made under Public Records Law, and release of such information does not create potential for civil liability under 42 U.S.C. § 1983.

Guideline 2/10/1993 - Industrial Commission may, upon reorganization, qualify as "sole state agency" to merge with Vocational Rehabilitation.

Guideline 10/14/1994 - Commission may require Indian employers doing business within reservation to comply with workers' compensation laws; however, Commission may not bring action to enforce laws against tribal government or tribally owned business.

Informed Jury Act
Certificate 2/17/2010 - Initiative Petition Regarding Informed Jury Act.

Initiatives
Opinion 76-12 - Legality of amending state constitution by initiative.

Opinion 07-2 - Initiative passed by city voters concerning law enforcement priorities is administrative rather than legislative in nature and likely not an allowable subject for an initiative and, therefore, is invalid.

Opinion 07-2 - Initiatives passed by city voters concerning possession and use of marijuana conflict with state law and are invalid.

Insurance
Opinion 75-3 - Treatment of group insurance surplus and deficit.

Opinion 75-27 - Insurers writing automobile liability insurance are members of joint underwriting association for medical malpractice insurance.

Opinion 75-47 - Medical Malpractice Insurance.

Opinion 75-71 - Idaho Broker – Counter signature provisions.

Opinion 76-1 - Adjustment of $25,000 limit for Group Life Insurance debtors is subject to Consumer Price Index.

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

Opinion 76-26 - Brokers bond requirement does not apply to licensed brokers registered to firm.

Opinion 77-54 - Insurer transacting “credit disability insurance” may not include provisions to cover debtor’s obligation to creditor other than for disabilities resulting from accident or accidental means or from sickness or appertaining thereto.

Opinion 78-10 - Lending institution transacts business as insurer by entering into consumer service contracts.

Opinion 78-13 - Payment of health benefits through “self-funded” medical plan.

Opinion 78-20 - Constitutionality of three-year participation requirement proposed by Idaho Hospital Liability Insurance Trust.

Opinion 78-35 - Obligation of Idaho Life and Health Insurance Guaranty Association to certificate holders of insolvent “member insurer.”

Guideline 2/28/1983 - Constitutionality of legislation limiting insurance coverage for elective abortions.

85-8 Opinion - Cities, counties and other political subdivisions of the state are not subject to automobile insurance liability laws.

Guideline 8/21/1986 - “Price Guaranteed Funeral Service Contract” funded by insurance contract held to be unlawful.

Opinion 87-8 - Director of Department of Insurance has authority to regulate Medicare supplement insurance policies covering persons eligible for Medicare “by reason of disability.”

Guideline 3/23/1987 - State employees should not sustain loss arising from authorized use of their own vehicles on state business.

Guideline 1/19/1994 - Requirement for promulgation of rules by Department of Insurance in context of Small Employer Health Insurance Availability Act.

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

Opinion 02-2 - 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.

Internal Revenue Service
Certificate 2/17/2010 - Initiative Petition Regarding Protection of Idahoans from Unlawful Internal Revenue Service Prosecution and Seizures.

Irrigation
Guideline 10/30/1987 - If city disbands municipal irrigation system, irrigation district and lateral ditch water users’ association or irrigation lateral districts become obligated to deliver water within city to entitled users.

Guideline 2/4/1988 - County obligation to comply with requirements for water delivery in subdivision located within irrigation district during process of approving subdivision plat.

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