Title 26, BANKS AND BANKING

26-3509. Loans to directors, officers or employees prohibited — Loans to affiliates or subsidiaries prohibited. (1) A state trust company or bank having a trust department shall not make any loan to any director, officer or employee of the trust institution or to any affiliate or…

26-3510. Closing of trust unduly delayed. If, as a result of an examination, the director finds that the closing of any trust by a state trust company has been unreasonably delayed, the director may initiate proceedings in a court of competent jurisdiction to require the state tr…

26-3601. Administration and rules. Every authorized trust institution shall be under the supervision of the director. The director may issue, promulgate, amend and rescind rules or orders necessary or proper to carry out the provisions of this act. All authorized trust institutio…

26-3602. Examinations — Periodic reports — Cooperative agreements — Assessment of fees. (1) The director may make such examinations, with or without notice, of any office or branch established or maintained in this state pursuant to this act as the director may deem necessary to …

26-3604. Notice and opportunity for hearing. Consistent with chapter 52, title 67, Idaho Code, notice and opportunity for hearing shall be provided in connection with any of the foregoing actions. Provided however, in cases involving extraordinary circumstances requiring immediat…

26-3605. Subpoena power — Examination under oath. The director shall have the power to subpoena witnesses, compel their attendance, require the production of evidence, administer oaths, and examine any person under oath in connection with any subject related to a duty imposed or …

26-3607. Impairment of capital — Unsafe condition — Receivership. If it appears to the director that the capital of a state trust company is either reduced or impaired below one million five hundred thousand dollars ($1,500,000) or the affairs of the company are in an unsound con…

26-3608. Limit of legal action. This chapter does not limit any statutory or common law right of a person to bring an action in a court for any act involved in the transaction of trust business or the right of the state to bring an action against any person for a violation of law…

26-3609. Continued operation. Any bank chartered to operate a trust department on July 1, 2000, is hereby authorized to continue to operate a trust department after July 1, 2000; provided that such bank must conform its trust department operations with the provisions of this act.

26-3701. Short title. This chapter shall be known and may be cited as the "Idaho Continuing-Care Disclosure Act."

26-3702. Statement of purpose. The legislature recognizes that continuing care communities have become an important and necessary alternative for the long-term residential, social and health maintenance needs for many of the state’s elderly citizens. The legislature finds and dec…

26-3703. Definitions. As used in this chapter: (1) "Continuing care" means the furnishing to an individual, other than an individual related by blood, marriage, or adoption to the person furnishing the care, of lodging together with nursing services, medical services, or other he…

26-3704. Registration — Annual fee. Each provider who provides continuing care services in this state shall register with the director on forms provided by the department and shall pay an annual registration fee. Such registration fee shall be fixed by the director but shall not …

26-3705. Disclosure statement of financial responsibility. As a condition to registration with the department, each provider must file evidence of financial responsibility. Said evidence shall be on registration forms provided by the director. The registration forms shall request…

26-3706. Specification for residence contracts. (1) In addition to such other provisions as may be considered proper to effectuate the purpose of any continuing care agreement, each agreement executed on and after the date of the adoption of this chapter shall be written in nonte…

26-3707. Escrow — Trust — Surety bond — Collection of deposits. (1) A provider shall establish an escrow account with a bank or a trust company, that is located in Idaho, agreed upon by the provider and the resident. The terms of this escrow account shall provide that the total a…

26-3708. Cross-collateralization prohibited. No part of the entrance fee placed in escrow may be pledged by the provider as collateral for the purpose of securing loans for any purpose other than providing for the care of the resident.

26-3709. Audits. Each provider upon annual renewal of registration shall provide to the director certified audited reports of the financial condition of the facility and shall amend the disclosure required by section 26-3704, Idaho Code, as necessary. The annual audited reports s…

26-3710. Civil liability. (1) Any person who, as a provider, or on behalf of a provider: (a) Enters into a contract for continuing care at a facility which has not registered under this chapter; (b) Enters into a contract for continuing care at a facility without having first del…

26-3711. Injunctions. Whenever it appears to the director that any person has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the director may: (1) Issue an order directed at any s…

26-3712. Denial, suspension, revocation of registration — Grounds. The director may by order deny, suspend or revoke registration of any provider: (1) If he finds the order is in the public interest; or (2) Any of the conditions described in section 26-3705(2)(c), Idaho Code, app…

26-3713. Oaths — Subpoenas — Punishment — Exemption from criminal prosecution for testimony. For the purpose of any investigation or proceeding under this chapter the director or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their…

26-3714. Criminal penalties. (1) Any person who willfully and knowingly violates any provision of this chapter, or any rule or order under the chapter, shall be guilty of a misdemeanor and be sentenced to pay a fine of not more than one thousand dollars ($1,000) or imprisonment f…

26-3715. Regulatory authority. The director shall have the authority to adopt, amend or repeal such rules as are reasonably necessary for the enforcement of the provisions of this chapter.

26-3801. SHORT TITLE. This chapter shall be known and may be cited as the "Transparency in Financial Services Act."

26-3802. construction of terminology. The definitions provided in section 26-3803, Idaho Code, shall be construed in favor of the broadest protection of the conduct, opinions, and beliefs protected by the first amendment to the United States constitution, the constitution of the …

26-3803. DEFINITIONS. For purposes of this chapter: (1) "Discriminate in the provision of financial services" means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services. "Discriminate in the p…

26-3804. EXPLANATION REQUIRED UPON REQUEST — DISCRIMINATION PROHIBITED. (1) If a financial institution refuses to provide, restricts, or terminates service to a customer, that customer may request a statement of specific reasons within ninety (90) days after receiving notice of t…

26-3805. enforcement. (1) A violation of this chapter is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code. (2) The attorney general may undertake any and all actions authorized by the Idaho consumer protection act to investigate and enforce a viol…

26-3806. Severability. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this chapter, and every application of the provisions in this chapter, shall be severable from each other. If any application of any provisio…