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Certificates of Review Idaho Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagid0038 and id is 1 raw text is: STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
January 25, 2011
The Honorable Ben Ysursa
Idaho Secretary of State
HAND DELIVERED
RE:    Certificate of Review
Proposed Initiative to Broaden the Sales Tax Base and Lower the Sales Tax Rate
Dear Secretary of State Ysursa:
An initiative petition was filed with your office on December 28, 2010. Pursuant to
Idaho Code § 34-1809, this office has reviewed the petition and prepared the following advisory
comments. Given the strict statutory timeframe in which this office must review the petition, our
review can only isolate areas of concern and cannot provide in-depth analysis of each issue that
may   present problems.    Further, under the review    statute, the Attorney   General's
recommendations are advisory only. The petitioners are free to accept them in whole or in
part. The opinions expressed in this review are only those which may affect the legality of the
initiative. This office offers no opinion with regard to the policy issues raised by the proposed
initiative nor the potential revenue impact to the state budget.
BALLOT TITLE
Following the filing of the proposed initiative, this office will prepare short and long
ballot titles. The ballot titles should impartially and succinctly state the purpose of the measure
without being argumentative and without creating prejudice for or against the measure. While
our office prepares titles for the initiative, petitioners may submit proposed titles for
consideration. Any proposed titles should be consistent with the standard set forth above.
MATTERS OF SUBSTANTIVE IMPORT
The purpose of the proposed initiative is to broaden the sales tax base to include services
and lower the rate from six percent (6%) to five percent (5%). Included within the definition of
sales are contracts for applying, installing, cleaning, altering, improving, decorating, treating,
storing, or repairing real property. See proposed Idaho Code § 63-3612(k). This provision has
the effect of making many contracts for the improvement of real property retail sales subject to
P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 210

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