reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-407 - TRUST FUND REQUIRED BEFORE SALE OF LOTS.

27-407. TRUST FUND REQUIRED BEFORE SALE OF LOTS. After the effective date of this act, no corporation hereafter organized for the operation of a perpetual or endowed care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed care cemetery shall advertise or sell lots in said cemetery under the representation that said cemetery or individual space therein is entitled to perpetual or endowed care until there shall have been established a trust fund to provide for such care in accordance with the following requirements:
(a) That the cemetery authority deposit in an irrevocable trust fund with a trustee, as hereinafter qualified, the sum of fifty thousand dollars ($50,000) in cash.
(b) That from the final proceeds of any sale made by the cemetery authority of an adult ground burial space there be deposited in said trust fund a sum equal to ten percent (10%) of the selling price of each space, or the sum of ten dollars ($10.00), whichever is greater; the deposit for an infant burial space shall be ten percent (10%) of the selling price received therefor.
(c) That there be deposited in said trust fund, from the final proceeds of any sale, the sum of five dollars ($5.00) for each niche sold.
(d) That there be deposited in said trust fund, from the final proceeds of any sale, the sum of twenty-five dollars ($25.00) for each crypt sold.
(e) All moneys herein required to be paid said trust fund shall be deposited therein not later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.
(f) That the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
History:
[(27-407) 1963, ch. 179, sec. 7, p. 527; I.C., sec. 28-407 (1963 Supp.); am. 1973, ch. 199, sec. 1, p. 450.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-408 - INSTRUMENT IN WRITING.

27-408. INSTRUMENT IN WRITING. The trust fund so created shall be evidenced by an instrument in writing, and shall contain in addition to the requirements of section 27-407, Idaho Code, the following provisions:
(a) That there shall be designated a trustee under this act, which shall be any federally insured financial institution located within the state of Idaho, duly authorized to transact a trust business, or the board of directors of the cemetery authority. When the trust fund is in the care of such board of directors as a board of trustees, the secretary of the cemetery authority shall act as its secretary and keep a true record of all of its proceedings.
(b) Where the trust is vested in such board of directors as a board of trustees, each of said trustees shall file with the administrator a surety bond in the amount of five thousand dollars ($5,000), conditioned upon his full and faithful performance of his trust obligations.
(c) As compensation, the trustee, whether it be a financial institution acting in such capacity or the board of directors of a cemetery authority acting as the trustee, shall be entitled to compensation in an amount not exceeding twenty-five dollars ($25.00) quarterly, or a sum equal to one and one-half percent (1 1/2%) per annum of the principal of the trust fund, whichever is the greater.
(d) In connection with its investment of the trust fund, the trustee shall be governed by the terms of the uniform prudent investor act, chapter 5, title 68, Idaho Code, as presently enacted or as may be from time to time amended.
(e) The principal of the trust fund shall remain permanently intact and only the income therefrom shall be expended. The income shall be used exclusively for the care of those portions of the cemetery in which lots have been sold with the provision for perpetual or endowed care. It is the intent of this section that the income of said fund shall be used solely for the care of lots or other burial spaces sold to third persons with the provision for perpetual or endowed care, and the care and embellishment of such other portions of the cemetery as may be desirable to preserve the beauty and dignity of the lots sold.
(f) The initial endowment care fund established for any cemetery shall remain in an irrevocable trust fund until such time as this fund has reached the sum of one hundred thousand dollars ($100,000), when it may be withdrawn at the rate of two thousand dollars ($2,000) from the original fifty thousand dollars ($50,000) for each additional six thousand dollars ($6,000) added to the fund, this to continue until the entire original fifty thousand dollars ($50,000) has been withdrawn by the cemetery authority.
History:
[(27-408) 1963, ch. 179, sec. 8, p. 527; I.C., sec. 28-408 (1963 Supp.); am. 1972, ch. 84, sec. 2, p. 168; am. 1973, ch. 199, sec. 2, p. 450; am. 1978, ch. 163, sec. 2, p. 353; am. 1997, ch. 14, sec. 3, p. 17; am. 2004, ch. 298, sec. 1, p. 832.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-409 - EXISTING CEMETERIES — APPLICATION OF LAW.

27-409. EXISTING CEMETERIES — APPLICATION OF LAW. Any cemetery authority in existence prior to the effective date of this act, which has in fact sold burial spaces under the representation that perpetual care shall be afforded to such lot, shall not be required to make the initial deposit of fifty thousand dollars ($50,000) in said irrevocable trust fund, but said cemetery authority, in order to comply with the provisions hereof, must meet each and every other requirement henceforth as are prescribed and set forth and required by the provisions of this statute.
History:
[(27-409) 1963, ch. 179, sec. 9, p. 527; I.C., sec. 28-409 (1963 Supp.); am. 1973, ch. 199, sec. 3, p. 450.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-410 - FUNDS DEEMED FOR CHARITABLE PURPOSE — TAX EXEMPT — FUTURE INTERESTS.

27-410. FUNDS DEEMED FOR CHARITABLE PURPOSE — TAX EXEMPT — FUTURE INTERESTS. The endowed care funds authorized herein and all sums paid therein or contributed thereto are, and each thereof are, hereby expressly permitted and shall be deemed to be for charitable purposes. Such endowed care shall be deemed to be provisioned for the discharge of the duty due from the person or persons contributing thereto to the persons interred and to be interred in the cemetery, and likewise a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming places of disrepair, reproach and desolation in the communities in which they are situated. The trust funds authorized herein, the income therefrom, and the moneys received under any contract providing for care of a burial space, and deposited in the trust fund shall be exempt from taxation. No payment, gift, grant, bequest or other contribution for such general endowed care shall be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating such trust, nor shall said fund or any contribution thereto be deemed to be invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.
History:
[(27-410) 1963, ch. 179, sec. 10, p. 527; I.C., sec. 28-410 (1963 Supp.).]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-411 - ANNUAL REGISTRATION STATEMENT WITH ADMINISTRATOR.

27-411. ANNUAL REGISTRATION STATEMENT WITH ADMINISTRATOR. Every cemetery authority owning, operating, controlling or managing an endowed care cemetery shall register with the administrator, by filing an annual registration statement on forms furnished by said administrator, which shall show, as of the end of the preceding calendar year or fiscal year, whichever is more convenient to the cemetery authority, the following:
(a) The amount of the principal of the care funds held by the trustee of said funds of such cemetery authority, at the beginning of such year, and in addition thereto all moneys or property received during such year, from the following sources:
(1) Under and by virtue of the sale of a lot, grave, crypt or niche.
(2) Under and by virtue of any gift, grant, devise, bequest, payment or other contribution made subsequent to the effective date of the endowed care cemetery act of 1963.
(b) The income received from such care funds during the preceding calendar or fiscal year as the case may be. Where any of the care funds of a cemetery authority are held by a trustee, other than the board of directors of the cemetery authority, the annual registration statement filed by any cemetery authority shall also contain a certificate signed by the trustee of the care funds of such cemetery authority certifying to the truthfulness of the statements in the report as to:
(1) The total amount of principal of the care funds held by the trustee.
(2) The securities in which such care funds are invested and the cash on hand as of the day of the report; and
(3) The income received from such care funds during the preceding calendar year or fiscal year as the case may be.
Such statement shall be filed by the cemetery authority on or before December 31 of each calendar year with the administrator. If the fiscal year of such cemetery authority is other than on a calendar year basis, then such statement shall be filed within thirty (30) days of the end of its fiscal year. A filing fee in the amount of one hundred fifty dollars ($150) shall be payable at the time of the filing of the annual statement. All reports shall be prepared by an independent certified public accountant or by a member of the Canadian institute of chartered accountants.
History:
[(27-411) 1963, ch. 179, sec. 11, p. 527; I.C., sec. 28-411 (1963 Supp.); am. 1974, ch. 24, sec. 30, p. 744; am. 1978, ch. 163, sec. 3, p. 354; am. 2004, ch. 298, sec. 2, p. 832; am. 2020, ch. 102, sec. 1, p. 273.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-412 - SUITS TO ENFORCE STATUTE.

27-412. SUITS TO ENFORCE STATUTE. (1) Should the cemetery authority fail to remit to the trustee or trustees, in accordance with the law, the funds herein provided for endowment care, or fail to expend all such funds and reasonably care for and maintain any portion of a cemetery entitled to endowment care, or should the trustee or trustees fail to perform the trust obligations in accordance with the law, any three (3) separate lot owners whose lots or other burial spaces are entitled to endowment care, or the next of kin, heirs at law or personal representatives of such lot owners, shall have the right, or the prosecuting attorney of any county where such lots are situated, shall have the power, by suit for injunction or for appointment of a receiver, to sue for, to take charge of, and to expend such net income for the purposes set out in sections 27-407 and 27-408, Idaho Code. Such suit may be filed in the district court of the county in which said cemetery is located.
(2) Whenever it appears to the administrator that any cemetery authority or trustee has engaged or is about to engage in any act or practice constituting a violation of any provisions of this act or any rule or order hereunder or when an endowment care cemetery fails after thirty (30) days’ notice of delinquency to make any report to the administrator required by section 27-411, Idaho Code, the administrator shall give notice of the foregoing to the trustee or trustees of the cemetery endowment care fund, the cemetery authority and the attorney general of Idaho. It shall be the duty of the attorney general within ninety (90) days after the receipt of such notice to institute suit in the district court of any county of this state in which such cemetery is located, for an injunction against further sales of graves, plots, crypts, niches, burial vaults, markers or other cemetery merchandise by such cemetery or for the appointment of a receiver to take charge of the cemetery or trust fund, unless he shall prior to that time be notified by the administrator that such failure to conform to the requirements of the law or to report has been corrected.
(3) In addition to the administrator’s notice to the trustee or trustees of the cemetery endowment care fund, the cemetery authority and the attorney general of the state of Idaho, the administrator may order the trustee or the cemetery authority, or both, to freeze the endowment care funds and to not expend or transfer them for any purpose other than directly for the reasonable care and maintenance of the cemetery. This order must be issued within thirty (30) days of the notice and will expire ninety (90) days after the order is issued or when the attorney general files suit, whichever is earlier. Failure to comply with the order shall be a violation of this act.
History:
[27-412, added 1978, ch. 163, sec. 4, p. 355; am. 2017, ch. 257, sec. 1, p. 633.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-413 - RECORDS SUBJECT TO EXAMINATION.

27-413. RECORDS SUBJECT TO EXAMINATION. All records of a cemetery authority are subject at any time or from time to time to such reasonable periodic, special or other examinations, within or without this state, by representatives of the administrator, as the administrator deems necessary or appropriate in the public interest.
History:
[27-413, added 2004, ch. 298, sec. 3, p. 833.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-416 - RULES AND REGULATIONS.

27-416. RULES AND REGULATIONS. The administrator may establish, adopt and promulgate necessary rules and regulations for the administration and enforcement of this chapter, and the laws subject to his jurisdiction, and prescribe the form of statements and reports provided for in this chapter.
History:
[(27-416) 1963, ch. 179, sec. 16, p. 527; I.C., sec. 28-416 (1963 Supp.); am. 1974, ch. 24, sec. 34, p. 744; am. 1978, ch. 163, sec. 5, p. 356.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-420 - CEMETERY EXAMINATION FEES.

27-420. CEMETERY EXAMINATION FEES. All regulatory fees or other moneys to be paid under this chapter, unless provision be made otherwise, shall be paid at least once a month to the state treasurer to be credited to the finance administrative account in the state dedicated fund.
History:
[(27-420) 1963, ch. 179, sec. 20, p. 527; I.C., sec. 28-420 (1963 Supp.); am. 1971, ch. 263, sec. 2, p. 1061; am. 1978, ch. 163, sec. 6, p. 356; am. 1984, ch. 47, sec. 12, p. 84.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-421 - CONTRIBUTIONS.

27-421. CONTRIBUTIONS. A cemetery authority which has established an endowment care fund may take and hold, as part of or incident to the fund, any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund.
History:
[(27-421) 1963, ch. 179, sec. 21, p. 527; I.C., sec. 28-421 (1963 Supp.).]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-422 - EXEMPTION FROM TAXATION.

27-422. EXEMPTION FROM TAXATION. A perpetual or endowed care cemetery shall be exempt from any and all property taxes on any burial space or spaces, as herein defined, sold by it for the purpose of interment. The cemetery authority shall report annually in writing to the assessor of the county in which the cemetery is located, such burial spaces sold during said year, and the same shall be removed from the tax rolls, effective from and after the year in which the space was sold.
History:
[(27-422) 1963, ch. 179, sec. 22, p. 527; I.C., sec. 28-422 (1963 Supp.).]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-423 - VIOLATIONS — MISDEMEANORS.

27-423. VIOLATIONS — MISDEMEANORS. Violations of this act shall constitute a misdemeanor and each violation shall constitute a separate offense. Any cemetery authority, person, firm or corporation violating any of the provisions of this act shall, upon conviction, be punishable by a fine of not less than $100 nor more than $300, or if a person, by a fine or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
History:
[(27-423) 1963, ch. 179, sec. 23, p. 527; I.C., sec. 28-423 (1963 Supp.).]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-423A - INJUNCTIVE POWER.

27-423A. INJUNCTIVE POWER. The attorney general of the state of Idaho is authorized to institute appropriate legal proceedings to enjoin violations of this act.
History:
[I.C., sec. 27-423A, as added by 1971, ch. 263, sec. 3, p. 1061.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 4 - ENDOWMENT CARE CEMETERY ACT › Section 27-424 - ACT INAPPLICABLE TO CERTAIN CEMETERIES.

27-424. ACT INAPPLICABLE TO CERTAIN CEMETERIES. The provisions of this act shall not apply to any municipal cemetery district, state or federal cemetery.
History:
[(27-424) 1963, ch. 179, sec. 24, p. 527; I.C., sec. 28-424 (1963 Supp.); am. 1972, ch. 84, sec. 4, p. 168.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 5 - PROTECTION OF GRAVES › Section 27-501 - DEFINITIONS.

27-501. DEFINITIONS. For the purposes of sections 27-501 through 27-504, Idaho Code:
(1) "Cairn" means a heap of stones or other material piled up as a memorial or monument to the dead.
(2) "Grave" means an excavation for burial of a human body.
(3) "Indian tribe" means any Idaho Indian tribe recognized by the Secretary of the Interior.
(4) "Professional archaeologist" means a person who has extensive formal training and experience in systematic, scientific archaeology.
History:
[27-501, added 1984, ch. 73, sec. 4, p. 137.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 5 - PROTECTION OF GRAVES › Section 27-502 - PROHIBITED ACTS.

27-502. PROHIBITED ACTS. (1) Except as provided in section 27-503, Idaho Code, no person shall wilfully remove, mutilate, deface, injure or destroy any cairn or grave. Persons disturbing graves through inadvertence, including by construction, mining, or logging, shall cause the human remains to be reinterred. The expense for such reinterment shall be at least partially borne by the state historical society.
(2) No person shall:
(a) Possess any artifacts or human remains taken from a cairn or grave on or after January 1, 1984, in a manner other than that authorized under section 27-503, Idaho Code.
(b) Publicly display or exhibit any human remains.
(c) Sell any human artifacts or human remains taken from a cairn or grave.
(3) The provisions of this section do not apply to:
(a) The possession or sale of artifacts discovered in or taken from locations other than cairns or graves or artifacts that were removed from cairns or graves by other than human action; or
(b) Actions taken in the performance of official law enforcement duties.
History:
[27-502, added 1984, ch. 73, sec. 4, p. 137.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 5 - PROTECTION OF GRAVES › Section 27-503 - PERMITTED ACTS — NOTICE.

27-503. PERMITTED ACTS — NOTICE. (1) If action is necessary to protect the burial site from foreseeable destruction and upon prior notification to the director of the state historical society and to the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian, a professional archaeologist may excavate a cairn or grave and remove material objects and human remains for subsequent reinterment following scientific study. Reinterment shall be under the supervision of the appropriate Indian tribe if the cairn or grave contained remains of an Indian.
(2) Except as provided in subsection (1) of this section, any proposed excavation by a professional archaeologist of a native Indian cairn or grave shall be initiated only after prior written notification to the director of the state historical society and with prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within sixty (60) days of its mailing by certified mail, return receipt requested, shall be deemed consent. All material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archaeologist’s expense under the supervision of the Indian tribe.
(3) In order to determine the appropriate Indian tribe under this section and section 27-502, Idaho Code, a professional archaeologist or other person shall consult with the director of the state historical society who shall designate the appropriate tribe.
History:
[27-503, added 1984, ch. 73, sec. 4, p. 137; am. 2015, ch. 244, sec. 13, p. 1015.]
2023 Idaho Code › Title 27 - CEMETERIES AND CREMATORIUMS › Chapter 5 - PROTECTION OF GRAVES › Section 27-504 - CIVIL ACTION — TIME FOR COMMENCING ACTIONS — VENUE — DAMAGES — ATTORNEY FEES.

27-504. CIVIL ACTION — TIME FOR COMMENCING ACTIONS — VENUE — DAMAGES — ATTORNEY FEES. (1) Apart from any criminal prosecution, any person shall have a cause of action to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated the provisions of section 27-502, Idaho Code. The action shall be brought within two (2) years of the discovery of the violation by the plaintiff. The action may be filed in the district court of the county in which the subject grave or cairn, remains or artifacts are located, or within which the defendant resides.
(2) If the plaintiff prevails in an action brought pursuant to this section:
(a) The court may award reasonable attorney fees to the plaintiff;
(b) The court may grant injunctive or such other relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation. The court shall order the disposition of any items forfeited as it sees fit, including the reinterment of any human remains in accordance with subsection (1) of section 27-502, Idaho Code;
(c) The plaintiff may recover actual damages. Actual damages include special and general damages, which include damages for emotional distress;
(d) The plaintiff may recover punitive damages upon proof that the violation was wilful. Punitive damages may be recovered without proof of actual damages.
(e) An award of punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations.
(3) If the defendant prevails, the court may award reasonable attorney fees to the defendant.
History:
[27-504, added 1984, ch. 73, sec. 4, p. 138.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-101 - SHORT TITLES.

28-1-101. SHORT TITLES. (a) This title shall be known and may be cited as the Uniform Commercial Code.
(b) This chapter may be cited as "Uniform Commercial Code — General Provisions."
History:
[28-1-101, added 1967, ch. 161, sec. 1-101, p. 351; am. 2004, ch. 43, sec. 2, p. 137.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-102 - SCOPE OF CHAPTER.

28-1-102. SCOPE OF CHAPTER. This chapter applies to a transaction to the extent that it is governed by another chapter of the uniform commercial code.
History:
[28-1-102, added 2004, ch. 43, sec. 3, p. 138.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-103 - CONSTRUCTION OF UNIFORM COMMERCIAL CODE TO PROMOTE ITS PURPOSES AND POLICIES — APPLICABILITY OF SUPPLEMENTAL PRINCIPLES OF LAW.

28-1-103. CONSTRUCTION OF UNIFORM COMMERCIAL CODE TO PROMOTE ITS PURPOSES AND POLICIES — APPLICABILITY OF SUPPLEMENTAL PRINCIPLES OF LAW. (a) The uniform commercial code shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To simplify, clarify, and modernize the law governing commercial transactions;
(2) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) To make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of the uniform commercial code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.
History:
[(28-1-103) 28-1-102, added 1967, ch. 161, sec. 1-102, p. 351; am. and redesig. 2004, ch. 43, sec. 5, p. 138.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-104 - CONSTRUCTION AGAINST IMPLIED REPEAL.

28-1-104. CONSTRUCTION AGAINST IMPLIED REPEAL. The uniform commercial code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History:
[28-1-104, added 1967, ch. 161, sec. 1-104, p. 351; am. 2004, ch. 43, sec. 6, p. 139.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-105 - SEVERABILITY.

28-1-105. SEVERABILITY. If any provision or clause of the uniform commercial code or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the uniform commercial code which can be given effect without the invalid provision or application, and to this end the provisions of the uniform commercial code are severable.
History:
[(28-1-105) 28-1-108, added 1967, ch. 161, sec. 1-108, p. 351; am. and redesig. 2004, ch. 43, sec. 7, p. 139.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-106 - USE OF SINGULAR AND PLURAL — GENDER.

28-1-106. USE OF SINGULAR AND PLURAL — GENDER. In the uniform commercial code, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) Words of any gender also refer to any other gender.
History:
[28-1-106, added 2004, ch. 43, sec. 8, p. 139.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-107 - SECTION CAPTIONS.

28-1-107. SECTION CAPTIONS. Section captions are part of the uniform commercial code.
History:
[28-1-107, added 2004, ch. 43, sec. 9, p. 139.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 1 - GENERAL PROVISIONS › Section 28-1-108 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

28-1-108. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes section 7001(c) of that act or authorizes electronic delivery of any of the notices described in section 7003(b) of that act.
History:
[28-1-108, added 2004, ch. 43, sec. 10, p. 139.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION › Section 28-1-202 - NOTICE — KNOWLEDGE.

28-1-202. NOTICE — KNOWLEDGE. (a) Subject to subsection (f) of this section, a person has "notice" of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f) of this section, a person "receives" a notice or notification when:
(1) It comes to that person’s attention; or
(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
History:
[28-1-202, added 2004, ch. 43, sec. 12, p. 146.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION › Section 28-1-204 - VALUE.

28-1-204. VALUE. Except as otherwise provided in chapters 3, 4, 5 and 6, title 28, Idaho Code, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2) As security for, or in total or partial satisfaction of, a preexisting claim;
(3) By accepting delivery under a preexisting contract for purchase; or
(4) In return for any consideration sufficient to support a simple contract.
History:
[28-1-204, added 2004, ch. 43, sec. 14, p. 148.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION › Section 28-1-205 - REASONABLE TIME — SEASONABLENESS.

28-1-205. REASONABLE TIME — SEASONABLENESS. (a) Whether a time for taking an action required by the uniform commercial code is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
History:
[(28-1-205) 28-1-204, added 1967, ch. 161, sec. 1-204, p. 351; am. and redesig. 2004, ch. 43, sec. 15, p. 148.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION › Section 28-1-206 - PRESUMPTIONS.

28-1-206. PRESUMPTIONS. Whenever the uniform commercial code creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
History:
[28-1-206, added 2004, ch. 43, sec. 17, p. 148.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-301 - TERRITORIAL APPLICATION OF THE UNIFORM COMMERCIAL CODE — PARTIES’ POWER TO CHOOSE APPLICABLE LAW.

28-1-301. TERRITORIAL APPLICATION OF THE UNIFORM COMMERCIAL CODE — PARTIES’ POWER TO CHOOSE APPLICABLE LAW. (a) Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement the uniform commercial code applies to transactions bearing an appropriate relation to this state.
(b) Where one (1) of the following provisions of the uniform commercial code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law, including the conflict of laws rules, so specified:
Rights of creditors against sold goods. Section 28-2-402, Idaho Code.
Applicability of the chapter on leases. Sections 28-12-105 and 28-12-106, Idaho Code.
Applicability of the chapter on bank deposits and collections. Section 28-4-102, Idaho Code.
Governing law in the part on funds transfers. Section 28-4-638, Idaho Code.
Letters of credit. Section 28-5-116, Idaho Code.
Applicability of the chapter on investment securities. Section 28-8-110, Idaho Code.
Law governing perfection, the effect of perfection or nonperfection, the priority of security interests and agricultural liens. Sections 28-9-301 through 28-9-307, Idaho Code.
History:
[(28-1-301) 28-1-105, added 1967, ch. 161, sec. 1-105, p. 351; am. 1991, ch. 135, sec. 2, p. 318; am. 1993, ch. 287, sec. 2, p. 1013; am. 1993, ch. 288, sec. 47, p. 1074; am. 1995, ch. 272, sec. 16, p. 916; am. 1996, ch. 7, sec. 3, p. 19; am. 2001, ch. 208, sec. 3, p. 800; am. and redesig. 2004, ch. 43, sec. 19, p. 149.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-302 - VARIATION BY AGREEMENT.

28-1-302. VARIATION BY AGREEMENT. (a) Except as otherwise provided in subsection (b) of this section or elsewhere in the uniform commercial code, the effect of provisions of the uniform commercial code may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by the uniform commercial code may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever the uniform commercial code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of the uniform commercial code of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
History:
[28-1-302, added 2004, ch. 43, sec. 20, p. 149.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-303 - COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.

28-1-303. COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE. (a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e) Except as otherwise provided in subsection (f) of this section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed wherever reasonable as consistent with each other. If such a construction is unreasonable:
(1) Express terms prevail over course of performance, course of dealing, and usage of trade;
(2) Course of performance prevails over course of dealing and usage of trade; and
(3) Course of dealing prevails over usage of trade.
(f) Subject to section 28-2-209, Idaho Code, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g) Evidence of a relevant usage of trade offered by one (1) party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
History:
[(28-1-303) 28-1-205, added 1967, ch. 161, sec. 1-205, p. 351; am. and redesig. 2004, ch. 43, sec. 21, p. 150.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-304 - OBLIGATION OF GOOD FAITH.

28-1-304. OBLIGATION OF GOOD FAITH. Every contract or duty within the uniform commercial code imposes an obligation of good faith in its performance and enforcement.
History:
[(28-1-304) 28-1-203, added 1967, ch. 161, sec. 1-203, p. 351; am. and redesig. 2004, ch. 43, sec. 22, p. 151.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-305 - REMEDIES TO BE LIBERALLY ADMINISTERED.

28-1-305. REMEDIES TO BE LIBERALLY ADMINISTERED. (a) The remedies provided by the uniform commercial code shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in the uniform commercial code or by other rule of law.
(b) Any right or obligation declared by the uniform commercial code is enforceable by action unless the provision declaring it specifies a different and limited effect.
History:
[(28-1-305) 28-1-106, added 1967, ch. 161, sec. 1-106, p. 351; am. and redesig. 2004, ch. 43, sec. 23, p. 151.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-306 - WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH.

28-1-306. WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
History:
[(28-1-306) 28-1-107, added 1967, ch. 161, sec. 1-107, p. 351; am. and redesig. 2004, ch. 43, sec. 24, p. 151.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-307 - PRIMA FACIE EVIDENCE BY THIRD PARTY DOCUMENTS.

28-1-307. PRIMA FACIE EVIDENCE BY THIRD PARTY DOCUMENTS. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
History:
[(28-1-307) 28-1-202, added 1967, ch. 161, sec. 1-202, p. 351; am. and redesig. 2004, ch. 43, sec. 25, p. 151.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-308 - PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.

28-1-308. PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
(b) Subsection (a) of this section does not apply to an accord and satisfaction.
History:
[(28-1-308) 28-1-207, added 1967, ch. 161, sec. 1-207, p. 351; am. 1993, ch. 288, sec. 49, p. 1079; am. and redesig. 2004, ch. 43, sec. 26, p. 151.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-309 - OPTION TO ACCELERATE AT WILL.

28-1-309. OPTION TO ACCELERATE AT WILL. A term providing that one (1) party or that party’s successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
History:
[(28-1-309) 28-1-208, added 1967, ch. 161, sec. 1-208, p. 351; am. and redesig. 2004, ch. 43, sec. 27, p. 152.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES › Section 28-1-310 - SUBORDINATED OBLIGATIONS.

28-1-310. SUBORDINATED OBLIGATIONS. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.
History:
[28-1-310, added 2004, ch. 43, sec. 28, p. 152.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 2 - UNIFORM COMMERCIAL CODE — SALES › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER › Section 28-2-101 - SHORT TITLE.

28-2-101. SHORT TITLE. This chapter shall be known and may be cited as Uniform Commercial Code–Sales.
History:
[28-2-101, added 1967, ch. 161, sec. 2-101, p. 351.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 2 - UNIFORM COMMERCIAL CODE — SALES › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER › Section 28-2-102 - SCOPE — CERTAIN SECURITY AND OTHER TRANSACTIONS EXCLUDED FROM THIS CHAPTER.

28-2-102. SCOPE — CERTAIN SECURITY AND OTHER TRANSACTIONS EXCLUDED FROM THIS CHAPTER. Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
History:
[28-2-102, added 1967, ch. 161, sec. 2-102, p. 351.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 2 - UNIFORM COMMERCIAL CODE — SALES › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER › Section 28-2-103 - DEFINITIONS AND INDEX OF DEFINITIONS.

28-2-103. DEFINITIONS AND INDEX OF DEFINITIONS. (1) In this chapter unless the context otherwise requires:
(a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) "Receipt" of goods means taking physical possession of them.
(d) "Seller" means a person who sells or contracts to sell goods.
(2) Other definitions applying to this chapter or to specified parts thereof, and the sections in which they appear are:
"Acceptance." Section 28-2-606.
"Banker’s credit." Section 28-2-325.
"Between merchants." Section 28-2-104.
"Cancellation." Section 28-2-106.
"Commercial unit." Section 28-2-105.
"Confirmed credit." Section 28-2-325.
"Conforming to contract." Section 28-2-106.
"Contract for sale." Section 28-2-106.
"Cover." Section 28-2-712.
"Entrusting." Section 28-2-403.
"Financing agency." Section 28-2-104.
"Future goods." Section 28-2-105.
"Goods." Section 28-2-105.
"Identification." Section 28-2-501.
"Installment contract." Section 28-2-612.
"Letter of credit." Section 28-2-325.
"Lot." Section 28-2-105.
"Merchant." Section 28-2-104.
"Overseas." Section 28-2-323.
"Person in position of seller." Section 28-2-707.
"Present sale." Section 28-2-106.
"Sale." Section 28-2-106.
"Sale on approval." Section 28-2-326.
"Sale or return." Section 28-2-326.
"Termination." Section 28-2-106.
(3) "Control" as provided in section 28-7-106 and the following definitions in other chapters apply to this chapter:
"Check." Section 28-3-104.
"Consignee." Section 28-7-102.
"Consignor." Section 28-7-102.
"Consumer goods." Section 28-9-102.
"Dishonor." Section 28-3-502.
"Draft." Section 28-3-104.
(4) In addition, chapter 1, title 28, Idaho Code, contains general definitions and principles of construction and interpretation applicable throughout this chapter.
History:
[28-2-103, added 1967, ch. 161, sec. 2-103, p. 351; am. 2001, ch. 208, sec. 5, p. 806; am. 2004, ch. 42, sec. 4, p. 103.]