Title 48, MONOPOLIES AND TRADE PRACTICES

48-1505. Public meetings — Notice of time and place. (1) Prior to issuing any written opinion pursuant to section 48-1504, Idaho Code, the attorney general may conduct one (1) or more public meetings, one (1) of which, if held, shall be held in the county where the nonprofit hosp…

48-1506. Nonprofit hospital conversion transaction review elements. In reviewing a proposed nonprofit hospital conversion transaction, the attorney general (and the district court as necessary and applicable), shall consider: (1) Whether the nonprofit hospital will receive fair m…

48-1507. Rules — Authority to adopt — Information requests — Consequences of refusal to provide information. (1) The attorney general may adopt such rules, pursuant to chapter 52, title 67, Idaho Code, as the attorney general deems appropriate or necessary to implement this chapt…

48-1508. Contracts with agencies and consultants — Reimbursement for costs and expenses of review — Failure to pay. (1) Within the time periods designated in section 48-1504, Idaho Code, the attorney general may do any of the following to assist in the review of the proposed nonp…

48-1509. Public records. All documents submitted to the attorney general by any person, including nonprofit hospital entities giving notice under section 48-1503, Idaho Code, in connection with the attorney general’s review of the proposed nonprofit hospital conversion transactio…

48-1510. Penalties — Remedies. (1) In his discretion, the attorney general may apply to the district court for an order voiding any nonprofit hospital conversion transaction entered into in violation of the notice and disclosure requirements of section 48-1503(1), Idaho Code. Eac…

48-1511. Private benefit. No person who is an officer, director, board member or other fiduciary of a nonprofit hospital shall receive anything of value, beyond ordinary compensation, that relates to a nonprofit hospital conversion transaction described in this act and is of such…

48-1512. Application of act. This act applies to all acquisitions, the consummation of which occurs after the effective date of this act.

48-1601. Unlawful practices — Exceptions. It shall be unlawful and a violation of this chapter for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or …

48-1602. Court actions upon violation. (1) The attorney general of the state of Idaho, any person, firm, private corporation, municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this chapte…

48-1603. Designation of agent. Any person who sells, markets, promotes, advertises or otherwise distributes any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts from health care providers in health-related purchases in Idaho, …

48-1701. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds that: (a) Idaho is striving to build an entrepreneurial and knowledge-based economy. Attracting and nurturing information technology (IT) and other knowledge-based companies are important pa…

48-1702. definitions. As used in this chapter: (1) "Demand letter" means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or…

48-1703. bad faith assertions of patent infringement. (1) It is unlawful for a person to make a bad faith assertion of patent infringement in a demand letter, a complaint or any other communication. (2) A court may consider the following factors as evidence that a person has made…

48-1704. personal jurisdiction. Any person outside this state sending a demand letter to an Idaho person shall be deemed to be transacting business within this state within the meaning of section 5-514(a), Idaho Code, and shall thereby be subject to the jurisdiction of the courts…

48-1705. authority of the attorney general and district courts. The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consumer p…

48-1706. private cause of action, remedies and damages — limitation of action. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, m…

48-1707. bond. Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount…

48-1708. EXEMPTIONS. A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) shall not be subject to the provisions of this chapter.

48-1801. short title. This chapter shall be known and may be cited as the "Residential Solar Energy System Disclosure Act."

48-1802. definitions. As used in this chapter: (1) "Consumer" means a person who, for primarily personal, family, or household purposes: (a) Purchases a residential solar energy system under a solar agreement; or (b) Leases a residential solar energy system under a system lease a…

48-1803. applicability. (1) The provisions of this chapter shall apply to any solar agreement entered into on or after October 1, 2019, between a solar retailer and a consumer including, but not limited to, a solar agreement that accompanies the transfer of ownership or lease of …

48-1804. disclosure statement required. (1) Before entering a solar agreement, a solar retailer shall provide to a potential consumer a separate, written disclosure statement as provided in this section and, as applicable, the information required in sections 48-1805, 48-1806, an…

48-1805. Contents of disclosure statement for any solar agreement. If a solar retailer is proposing to enter any solar agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include: (1) If operations or maintenance servi…

48-1806. Contents of disclosure statement for system purchase agreement. If a solar retailer is proposing to enter a system purchase agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include: (1) A statement with sub…

48-1807. Contents of disclosure statement for system lease agreement. If a solar retailer is proposing to enter a system lease agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include: (1) A statement with substanti…

48-1808. Good faith estimate allowed. A solar retailer that does not, at the time of providing a disclosure statement required in section 48-1804(1), Idaho Code, have information required under sections 48-1805(2)(a) and (b) and 48-1806(2),(3), and (4), Idaho Code, may make a goo…

48-1809. Authority of the Attorney General and District Court. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district court under the Idaho consumer…

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…

48-2001. Short Title. This chapter shall be known and may be cited as the "Prohibition of Unfair Service Agreements Act."

48-2002. Definitions. As used in this chapter: (1) "County recorder" means a county’s clerk of the district court, elected or appointed pursuant to article V of the constitution of the state of Idaho, who serves as ex officio recorder under article XVIII of the constitution of th…

48-2003. Characteristics of Unfair Service Agreements. (1) A service agreement is unfair pursuant to this chapter if any part of the agreement provides an exclusive right to a service provider for a term in excess of one (1) year after the time it is entered into and has any of t…

48-2004. Recording Prohibited — County Recorder Immunity. (1) No person shall present or send to any county recorder for recording or cause to be recorded by said recorder an unfair service agreement or notice or memorandum thereof. (2) In the event that a county recorder does re…