Title 48 — MONOPOLIES AND TRADE PRACTICES

48-1901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Charitable Assets Protection Act."

48-1902. LEGISLATIVE FINDINGS AND INTENT. (1) The state of Idaho is home to thousands of charitable organizations that, collectively, hold billions of dollars in charitable assets. Charitable organizations have a legal duty to use their charitable assets according to the charitab…

48-1903. DEFINITIONS. As used in this chapter: (1) "Accountable person" means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization. (2) "Attorney general" means the attorney general of the state of Idaho or the attorney general’s desig…

48-1904. COURTS NOT IMPAIRED — CONFLICT OF LAWS. Nothing in this chapter shall impair the rights and powers of the courts of this state with respect to any charitable organization.

48-1905. persons excluded. The provisions of this chapter shall not apply to: (1) A state or federally chartered bank, savings bank, savings and loan association, thrift institution, trust company, or credit union; or (2) An individual who is acting within the scope of his positi…

48-1906. unlawful acts. (1) It is unlawful for an accountable person or charitable organization to knowingly use, or allow to be used, the charitable organization’s charitable assets in a manner that is inconsistent with: (a) Law applicable to the charitable asset; (b) The restri…

48-1907. SALE OR TRANSFER OF CHARITABLE ASSETS. (1) A charitable organization that holds, or within the preceding twelve (12) months received or at any time held, charitable assets with a fair market value in the aggregate exceeding ten thousand dollars ($10,000) shall provide wr…

48-1908. INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL. Whenever the attorney general has reason to believe that an accountable person or charitable organization has violated or is violating the provisions of section 48-1906, 48-1907, or 48-1909, Idaho Code, the attorney general ma…

48-1909. VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL. (1) In lieu of initiating or continuing an investigation or action or proceeding under this chapter, the attorney general may accept an assurance of voluntary compliance or consent judgment from a person …

48-1910. PROCEEDINGS BY ATTORNEY GENERAL. (1) Whenever the attorney general has reason to believe that a person violated or is violating the provisions of section 48-1906, Idaho Code, the attorney general, acting in the public interest, may bring an action in the name of the stat…

48-1911. service of notice. Service of any notice, demand, or subpoena under this chapter shall be made pursuant to section 48-613, Idaho Code.

48-1912. VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY. Any person who violates the terms of a consent judgment entered pursuant to section 48-1909, Idaho Code, or an injunction issued or an order or judgment entered pursuant to section 48-1910, Idaho Code, …

48-1913. PENALTIES AND FEES RECOVERED — DISPOSITION. Any civil penalties, costs, or attorney’s fees sued for and recovered by the attorney general under this chapter shall be remitted to the consumer protection fund created in section 48-606, Idaho Code, and shall be used for the…

48-1914. CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED. (1) Any charitable assets sued for and recovered by the attorney general under this chapter shall be conveyed: (a) To the injured charitable organization to restore its misappropriated, lost, or diverted char…