Title 48 — MONOPOLIES AND TRADE PRACTICES

48-101. Short title. This act shall be known and may be cited as the "Idaho Competition Act."

48-102. Legislative findings, purpose, interpretation and scope of chapter. (1) The Idaho legislature finds that fair competition is fundamental to the free market system. The unrestrained interaction of competitive forces will yield the best allocation of Idaho’s economic resour…

48-103. Definitions. As used in this act: (1) "Idaho commerce" means any economic activity occurring wholly or partly within the state of Idaho, or which affects economic activity within the state of Idaho. (2) "Person" means any natural person, corporation, partnership, trust, a…

48-104. Unreasonable restraint of trade or commerce. A contract, combination, or conspiracy between two (2) or more persons in unreasonable restraint of Idaho commerce is unlawful.

48-105. Monopolies. It is unlawful to monopolize, attempt to monopolize, or combine or conspire to monopolize any line of Idaho commerce.

48-106. Acquisitions that substantially lessen competition. (1) It is unlawful for a person to acquire, directly or indirectly, the whole or any part of the stock, share capital, or other equity interest or the whole or any part of the assets of, another person engaged in Idaho c…

48-107. Exempt activities. (1) No provision of this chapter shall be construed to prohibit: (a) Activities that are exempt from the operation of the federal antitrust laws. (b) Activities required or affirmatively approved by any statute of this state or of the United States or b…

48-108. Civil actions and settlements by the attorney general. (1) Whenever the attorney general has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this chapter, the attorney general may bring an actio…

48-109. Civil investigations. (1) Whenever the attorney general has reason to believe that a person is engaging or has engaged in any act or practice declared unlawful by this chapter, he may, prior to the institution of a civil proceeding thereon, execute in writing and cause to…

48-110. Failure to obey civil investigative demand or subpoena. (1) If any person fails or refuses to obey any subpoena or civil investigative demand issued by the attorney general, the attorney general may, after notice, apply to the district court and, after a hearing, request …

48-111. Violation of court orders and consent decrees — Penalties. Any person who violates the terms of a consent order entered into pursuant to section 48-108, Idaho Code, or any other judgment or final order entered into under the provisions of this chapter, shall forfeit and p…

48-112. Additional relief of district court authorized. When the state prevails in any action brought under section 48-108, Idaho Code, the court shall award reasonable costs and attorney’s fees to the attorney general. In addition, the court may: (1) Make orders or judgments as …

48-113. Private causes of action. (1) Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney’s fees. The cour…

48-114. Awards to the attorney general — Use of moneys. All costs and fees recovered by the attorney general under the terms of this chapter shall be remitted to the consumer protection account. Such costs and fees deposited into the consumer protection account under this chapter…

48-115. Statute of limitations. (1) Any action brought by the attorney general pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues. (2) Any other action brought pursuant to this chapter is barred if it is not commenced…

48-116. Action not barred because it affects interstate or foreign commerce. No action under this chapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.

48-117. Service of notice. Service of any notice, civil investigative demand, or subpoena under this chapter shall be made personally within this state, but if personal service cannot be obtained, substituted service may be made by mailing service by registered or certified mail …

48-118. Venue. Any action, application, or motion brought by the attorney general against a person under this chapter may be filed in the district court of the county in which the person resides or has his principal place of business, or with consent of the parties, may be brough…

48-201. Definitions. The following terms for the purposes of this act are hereby defined as follows: (a) "Person" means the plural as well as the singular and shall include an individual, partnership, association, a joint stock company, business trust and an incorporated as well …

48-202. Discrimination unlawful — Differentials — Customer selection — Price changes — Rebutting prima facie case — Commissions or brokerages prohibited — Customer discrimination or receipt of discrimination prohibited. (a) It shall be unlawful for any person engaged in commerce,…

48-203. Cooperative associations exempt. Nothing in this act shall prevent a cooperative association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchas…

48-204. Rights of persons injured by violations of act. (a) Any person injured by any violation, or who will suffer injury from any threatened violation, of this act, may maintain an action, in any court of competent jurisdiction of this state, to prevent, restrain or enjoin such…

48-205. Title of act. This act shall be known and designated as the "Anti-Price Discrimination Act" and its inhibitions against discrimination shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby di…

48-206. Separability. If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

48-301. short title. This act shall be known and may be cited as the "Idaho Patient Act."

48-302. LEGISLATIVE INTENT. The Idaho legislature finds that medical billing practices have little visibility to Idaho citizens. As a result, consumers often find themselves in collection actions for debts they were unaware of, from health care providers whom they do not recogniz…

48-303. DEFINITIONS. For the purposes of this chapter: (1)(a) "Consolidated summary of services" means a written notice that contains, at a minimum, the following: (i) The name and contact information, including telephone number, of the patient; (ii) The name and contact informat…

48-304. requirements for extraordinary collection action. (1) No person shall engage, directly or indirectly, in any extraordinary collection action against a patient unless: (a) A health care provider submits its charges related to the provision of goods or delivery of services …

48-305. fees and costs for extraordinary collection action. (1) Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to any party taking extraordinary collection action for costs, expenses, and fees, including attorney’s fees, unles…

48-306. extraordinary collection after untimely notice — limitation. If a party is unable to engage in an extraordinary collection action because the health care provider or health care facility failed to meet the timing requirements of section 48-304(1)(a) or (b), Idaho Code, bu…

48-307. burden of proof. Any person seeking to engage in an extraordinary collection action bears the burden of establishing that the requirements of sections 48-304 and 48-306, Idaho Code, if applicable, have been satisfied prior to engaging in any extraordinary collection actio…

48-308. REBUTTABLE PRESUMPTION OF RECEIPT. A patient shall be presumed to have received a consolidated summary of services or a final notice before extraordinary collection action three (3) days after the document has been sent by first class mail to the patient’s address confirm…

48-309. delivery of CONSOLIDATED SUMMARY of services. Notwithstanding any provision of law to the contrary in this chapter, a health care facility is not required to send a consolidated summary of services to a patient prior to engaging in extraordinary collection action if: (1) …

48-310. contracted service. Nothing in this chapter prohibits a health care facility from authorizing a health care provider by contract to provide the consolidated summary of services required by section 48-304(1)(b), Idaho Code, on its behalf.

48-311. enforcement and civil penalties. If any party takes any extraordinary collection action other than in accordance with section 48-304 or 48-306, Idaho Code, then: (1) Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to an…

48-312. Non-Extraordinary collection actions. Nothing in this chapter shall be interpreted to restrict the ability of any person to demand and collect payment for the principal amount of any medical goods or services by means other than extraordinary collection action, as defined…

48-313. time extension for services provided prior to a certain date. For goods or services provided to a patient prior to July 1, 2021, a party may take extraordinary collection action pursuant to section 48-306, Idaho Code, even if such party fails to satisfy the additional for…

48-314. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …

48-315. LEGISLATIVE INTENT regarding APPLICABILITY. The legislature finds and affirms that the legislative intent of including the effective date of January 1, 2021, in the original enactment of this chapter by chapter 139, laws of 2020, was and is to apply the requirements of th…

48-501. Definitions. Whenever used in this chapter: (1) "Abandoned" shall mean when either of the following occurs: (a) When the use of the mark has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) c…

48-502. Registrability. (1) In order to be registered, a mark must have some element of distinctiveness, arbitrariness or uniqueness, which may be inherent to the mark or acquired through extended usage and establishment of a reputation. (2) A mark by which the goods or services …

48-503. Application for registration. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary of state, in a form prescribed by the secretary of state, an application for registration of that mark setting forth, but not…

48-504. Filing of applications. (1) Upon the receipt of an application for registration and payment of the application fee, the secretary of state shall cause the application to be examined for conformity with this chapter. (2) The applicant shall provide any additional pertinent…

48-505. Certificate of registration. Upon compliance by the applicant with the requirements of this act, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signatu…

48-506. Duration and renewal. (1) A registration of mark hereunder shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term in a manner complying with the rules of the secr…

48-507. Assignments, amendments, changes of name and other instruments. (1) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and s…

48-508. Records. The secretary of state shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents filed pursuant to section 48-507, Idaho Code, until disposed of in accordance with chapter 57, title 67, Idah…

48-509. Cancellation. The secretary of state shall cancel from the register, in whole or in part: (1) Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations grante…

48-510. Classification. The secretary of state shall use the international classification of goods and services for convenience of administration of this act, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark ma…

48-511. Fraudulent registration. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions of this chapter, by knowingly making any false or fraudulent representa…