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.)

M

Marriage
Certificate 4/1/2004 - Initiative for Defense of Marriage Amendment.

Opinion 06-1 - Legal analysis of proposed amendment to Idaho Constitution concerning marriage.

Media
Guideline 8/21/1987 - Qualification requirements for newspapers to publish legal notices.

Medical Use Marijuana
Certificate 2-20-2013 - Proposed Initiative Related to Legalization of Medical Use of Marijuana

Certificate 9-28-2012 - Initiative Petition to Legalize Medical Use of Marijuana.

Certificate 2/13/2010 - Initiative Petition Regarding Legalization of Medical Use of Marijuana

Medicine, Board of
Opinion 75-47 - Malpractice insurance.

Opinion 76-31 - Applicability of H.B. 489 to medical malpractice lawsuits.

Membership in Organizations
Certificate 2/16/2010 - Initiative Petition Regarding Membership in Organizations Undermining U.S. Sovereignty.

Midwife
Certificate 2/16/2010 - Initiative Petition Regarding Licensure Penalty of Midwifery.

Military
Opinion 76-62 - Appointment of counsel and compensation in servicemen’s absence.

Guideline 1/25/1982 - Residency requirements for tuition purposes when one is separated from armed services.

Guideline 3/25/1982 - Veterans' preferences to disabled war veterans.

Guideline 1/16/1986 - Idaho Communications Security Act does not apply to military intelligence training.

Guideline 8/23/1988 - Volunteers performing morale, welfare and recreation activities for national guard are state employees for tort claims act purposes.

Certificate 10/13/1995 - Volunteer Militia Organizations.

Certificate 2/16/2010 - Initiative Petition Regarding the National Guard.

Minimum Wage
Certificate 5/1/2013 7/18/1996 - Initiative Related to a Proposal to Increase the Minmum Wage Rate.

Motor Carrier Act
Guideline 7/18/1996 - Federal law does not preempt collection of state regulatory fees from motor carriers.

Guideline 7/18/1996 Provisions of Federal Motor Carrier Act may preempt state law, but states may exercise regulatory authority over motor carriers in areas not preempted by federal law.

Guideline 7/18/1996 - PUC is not required to enforce motor carrier laws that have been preempted by state law.

Motor Vehicles
Opinion 77-15 - Use and placement of Motor Vehicle Caravan Permit fees.

Opinion 77-35 - Transportation on highways of special vehicles not meant for highway use.

Opinion 77-36 - Motor vehicle service contracts not insurance.

Opinion 78-5 - Allocation of types of motorcycle registration fees.

Opinion 78-9 - Collection of use fees on motor vehicles leased by construction companies.

Opinion 78-42 - Authority of Department of Motor Vehicles or local government to implement mandatory motor vehicle emissions.

Opinion 79-5 - Written examinations for operator and chauffeur license applicants.

Opinion 79-19 - Constitutionality of requiring proof of automobile liability insurance.

Guideline 5/31/1979 - Requirements and definition of Motor Vehicle Dealer.

Guideline 11/7/1979 - Department of Law Enforcement has authority to transfer and issue new titles on lien-sold vehicles.

Guideline 12/11/1980 - Use of motor vehicle registration fees to support Idaho Statewide Emergency Medical Services System.

Guideline 2/13/1981 - Power of local governments to regulate motor vehicle emissions.

Guideline 2/22/1982 - Definition of non-resident for purpose of issuing driver’s license.

Guideline 8/31/1982 - Computation of maximum gross weight on which user fees are imposed.

Opinion 83-3 - Liens on motor vehicles and disposition of abandoned motor vehicles to be administered by Department of Transportation.

Opinion 84-5 - Driver’s license, once granted, is valuable property right and may be suspended or revoked only pursuant to notice and opportunity to be heard.

Guideline 2/3/1984 - State police operations may be funded by motor vehicle registration fees and fuel taxes only to extent such operations relate directly to enforcement of highway safety and traffic laws.

Guideline 3/5/1984 - Vehicle operating over its registered maximum gross weight.

Opinion 85-8 - Cities, counties and other political subdivisions of the State of Idaho are not subject to the automobile Insurance Liability Law.

Guideline 10/3/1985 - Chauffeur status of commercial haulers.

Guideline 6/5/1991 - Misdemeanor offense of driving with a light out applies only to motor carriers and is not in conflict with infraction of driving with a light out which applies to standard traffic.

Guideline 10/16/1991 - Statute suspending driving privileges for minors guilty of alcohol offenses unrelated to operation of motor vehicle is not clearly unconstitutional.

Certificate 5/16/2005 - Initiative to Amend Motor Vehicle Registration Law.

Municipal Leagues Or Associations
Opinion 89-7 - Association of Idaho Cities and Idaho Association of Counties are private entities whose records are not public records.

Opinion 89-7 - Dues paid to associations by cities and counties may be used for lobbying for appropriate public purpose.

Opinion 89-7 - Elected officials may discuss and determine public policy issues at association meetings, but local public policy must be determined and adopted only after compliance with Idaho law.

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