Section 48-1901 – SHORT TITLE.
48-1901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Charitable Assets Protection Act." History: [48-1901, added 2020, ch. 321, sec. 1, p. 921.]
Section 48-1902 – LEGISLATIVE FINDINGS AND INTENT.
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 charitable purposes designated in their governing documents. The legislature is aware, however, that misuse or […]
Section 48-1903 – DEFINITIONS.
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 designee. (3) "Charitable asset" means any interest in real or personal property and any other […]
Section 48-1904 – COURTS NOT IMPAIRED — CONFLICT OF LAWS.
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. History: [48-1904, added 2020, ch. 321, sec. 1, p. 922.]
Section 48-1905 – PERSONS EXCLUDED.
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 position and duties as a director, officer, executive, manager, or employee […]
Section 48-1906 – UNLAWFUL ACTS.
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 restrictions contained in a gift instrument regarding the charitable assets; provided, however, […]
Section 48-1907 – SALE OR TRANSFER OF CHARITABLE ASSETS.
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 written notice to the attorney general of the charitable organization’s intent to […]
Section 48-1908 – INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL.
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 may: (1) Serve investigative demands using the same procedures and in the same manner as described […]
Section 48-1909 – VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL.
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 who the attorney general has reason to believe violated or is violating the […]
Section 48-1910 – PROCEEDINGS BY ATTORNEY GENERAL.
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 state against such person: (a) To enjoin any action that […]
Section 48-1911 – SERVICE OF NOTICE.
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. History: [48-1911, added 2020, ch. 321, sec. 1, p. 926.]
Section 48-1912 – VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY.
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, shall forfeit and pay to the state a civil penalty of […]
Section 48-1913 – PENALTIES AND FEES RECOVERED — DISPOSITION.
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 furtherance of the attorney general’s duties and activities under the […]
Section 48-1914 – CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED.
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 charitable assets; or (b) To any charitable organization with a similar charitable purpose as […]