reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9413 - EXPUNGEMENT OF DISCIPLINARY ACTION.

67-9413. EXPUNGEMENT OF DISCIPLINARY ACTION. (1) A licensing authority has the authority to grant a request for the expungement of disciplinary action previously imposed on a person’s licensure, whether formal, informal, corrective action, or action in lieu of discipline, as authorized by this section and in compliance with any rules adopted by a licensing authority.
(2) Any request for expungement pursuant to this section shall be made in writing and shall comply with applicable rules adopted by the licensing authority, if any.
(3) With respect to disciplinary action arising from a failure to timely renew licensure or failure to complete required continuing education, a licensing authority shall expunge the disciplinary record if:
(a) The disciplinary action at issue is at least three (3) years old;
(b) The terms of the disciplinary action have been met; and
(c) There have been no subsequent violations of any other provisions of the licensing authority’s relevant practice act or rules.
(4) For any disciplinary action that is not identified in subsection (3) of this section, a licensing authority may expunge a disciplinary action if:
(a) The disciplinary action at issue is at least seven (7) years old;
(b) The terms of the disciplinary action have been met; and
(c) The requestor has had no subsequent violations of any other provisions of the licensing authority’s relevant practice act or rules.
(5) A licensing authority shall not grant a request for expungement if the disciplinary action was based on a conviction of a criminal offense enumerated in section 18-310(2), Idaho Code.
(6) If a prior disciplinary action is expunged:
(a) The licensing authority shall report the expungement to any national database where it previously reported the disciplinary action;
(b) The licensee shall not be required to report expunged disciplinary action on any future licensing or renewal applications to a licensing authority in Idaho; and
(c) The licensing authority shall not consider any expunged disciplinary action in future disciplinary matters unless the expunged disciplinary action involved the same or substantially similar conduct.
(7) This section applies only to disciplinary actions by licensing authorities and shall not apply to civil or criminal matters or to criminal convictions.
History:
[67-9413, added 2022, ch. 209, sec. 1, p. 674.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9414 - UNIVERSAL WORK RECOGNITION.

67-9414. UNIVERSAL WORK RECOGNITION. (1) A licensing authority shall establish a procedure for the issuance of licensure to a person who:
(a) Has at least four (4) years of work experience in a profession or occupation in another state, district, or territory of the United States, or in the military, where a license to practice such profession or occupation was not required; and
(b) Is required to obtain a license in Idaho to be able to practice the same profession or occupation with a similar scope of practice.
(2) If a licensing authority requires an examination, it shall require the same passing score for applicants under this section as for standard licensing applicants. If a relevant licensing authority does not require an examination, no examination shall be required for applicants seeking to obtain licensure through universal work recognition.
(3) A licensing authority shall require the same licensing fee for applicants under this section as for applicants under the standard licensing process.
(4) Each applicant for universal work recognition under this section must apply to the applicable licensing authority for relevant licensure. An applicant under this section shall be subject to the laws regulating the person’s practice in Idaho and the applicable licensing authority’s jurisdiction.
(5) To determine whether an applicant for universal work recognition who possesses the work experience requirements established in subsection (1) of this section is otherwise qualified for licensure under Idaho law, a licensing authority shall require an applicant to complete an application, submit supporting materials, and undergo the same background checks as required of other applicants for licensure.
History:
[67-9414, added 2023, ch. 124, sec. 4, p. 359.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 95 - COMPENSATORY MITIGATION FOR IMPACTS TO WETLANDS › Section 67-9501 - LEGISLATIVE FINDINGS AND PURPOSE.

67-9501. LEGISLATIVE FINDINGS AND PURPOSE. (1) The purpose of this chapter is to promote the availability of all types of compensatory mitigation projects in the state of Idaho, consistent with the provisions of section 404 of the federal clean water act and the regulations promulgated pursuant to it, for the development of projects with unavoidable impacts to wetlands.
(2) In 2008, the United States army corps of engineers and the environmental protection agency issued revised regulations governing compensatory mitigation for impacts to wetlands under section 404 of the federal clean water act, which are contained at 33 CFR parts 325 and 332 and 40 CFR part 230 and referred to as the 2008 compensatory mitigation for losses of aquatic resources rule. These regulations establish equivalent and effective standards for all three (3) types of compensatory mitigation projects: mitigation banks, in-lieu fee mitigation, and permittee-responsible mitigation.
(3) State agencies may review or permit activities associated with applications for United States army corps of engineers section 404 permits and the corps’ determinations regarding compensatory mitigation under the mitigation rule.
History:
[(67-9501) 67-9301, added 2019, ch. 206, sec. 1, p. 633; am. and redesig. 2020, ch. 82, sec. 39, p. 213.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 95 - COMPENSATORY MITIGATION FOR IMPACTS TO WETLANDS › Section 67-9502 - DEFINITIONS.

67-9502. DEFINITIONS. As used in this chapter:
(1) "Compensatory mitigation" means the restoration, re-establishment or rehabilitation, establishment or creation, enhancement, and in certain circumstances preservation of aquatic resources for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
(2) "Compensatory mitigation project" means compensatory mitigation implemented by the permittee as a requirement of a corps of engineers section 404 wetland permit, i.e., permittee-responsible mitigation, or by a mitigation bank, or an in-lieu fee program.
(3) "Impact" or "impacts" means adverse effects.
(4) "Mitigation rule" or "2008 mitigation rule" means the federal regulations promulgated by the United States army corps of engineers and the environmental protection agency, on April 28, 2008, pursuant to the federal clean water act, contained at 33 CFR parts 325 and 332 and 40 CFR part 230, and known as the 2008 compensatory mitigation for losses of aquatic resources rule.
(5) "Permittee" means any person making application for a federal clean water act section 404 permit from the United States army corps of engineers.
(6) "Person" means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character.
(7) "State agency" means each state board, commission, department or officer, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV, of the constitution of the state of Idaho, in the exercise of powers derived directly and exclusively from the constitution, the state militia, or the state board of correction.
History:
[(67-9502) 67-9302, added 2019, ch. 206, sec. 1, p. 633; am. and redesig. 2020, ch. 82, sec. 39, p. 213.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 95 - COMPENSATORY MITIGATION FOR IMPACTS TO WETLANDS › Section 67-9503 - LIMITATIONS.

67-9503. LIMITATIONS. (1) No state agency, officer, or employee shall, as part of any action related to issuance of a federal clean water act section 404 permit, require mitigation for impacts to wetlands that is more stringent than federal compensatory mitigation requirements for impacts to wetlands under section 404 and the 2008 mitigation rule.
(2) The appropriate state agencies may assist the permittee as needed to meet the requirements of the 2008 mitigation rule, including identification of any compensatory mitigation project, when such mitigation is required by the United States army corps of engineers under the mitigation rule. No state agency shall mandate the type of compensatory mitigation project to be proposed to the United States army corps of engineers by a permittee, nor shall any state approval be unreasonably withheld from a permittee because of the type of compensatory mitigation project proposed.
(3) Individual federal clean water act section 404 permit applications and the associated draft section 401 certifications shall be timely posted on the department of environmental quality website.
(4) The provisions of this chapter shall not apply to or modify the provisions of chapter 38, title 42, Idaho Code, regarding the alteration of channels of streams.
History:
[(67-9503) 67-9303, added 2019, ch. 206, sec. 1, p. 634; am. and redesig. 2020, ch. 82, sec. 39, p. 214.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 96 - DAYLIGHT SAVING TIME › Section 67-9601 - DAYLIGHT SAVING TIME.

67-9601. DAYLIGHT SAVING TIME. At such time as the state of Washington makes daylight saving time the permanent time of the state and all of its political subdivisions, those areas of the state of Idaho that are in the Pacific time zone shall also make daylight saving time the permanent time of those areas of the state of Idaho and all of those political subdivisions located within those areas.
History:
[67-9601, added 2020, ch. 145, sec. 1, p. 447.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-101 - TRUSTEES — POWER OF DISTRICT COURT TO APPOINT.

68-101. TRUSTEES — POWER OF DISTRICT COURT TO APPOINT. When a trust exists without any appointed trustees or where any or all of the trustees renounce, die, or are discharged, the district court of the county where the trust property or some portion thereof is situated, must appoint another trustee to direct the execution of the trust. The court may, in its discretion, appoint the original number or any less number of trustees.
History:
[(68-101), 1919, ch. 19, sec. 1, p. 82; C.S., sec. 6417; I.C.A., sec. 66-101.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-102 - DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST.

68-102. DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST. On the death, renunciation, or discharge of one (1) of the several number of trustees, the trust survives to the others.
History:
[(68-102) 1919, ch. 19, sec. 2, p. 82; C.S., sec. 6418; I.C.A., sec. 66-102.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-103 - COMPENSATION OF TRUSTEES.

68-103. COMPENSATION OF TRUSTEES. When a declaration of trust is silent upon the subject of compensation, the trustee is entitled to the same compensation as an executor. If it specifies the amount of his compensation, he is entitled to the amount thus specified and no more.
History:
[(68-103) 1919, ch. 19, sec. 3, p. 82; C.S., sec. 6419; I.C.A., sec. 66-103.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-104 - UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS.

68-104. UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS. As used in this act:
(1) "Trust" means an express trust created by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both; "trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment or decree of a court, a liquidation trust, or a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions or profits, or employee benefits of any kind, an instrument wherein a person is nominee or escrowee for another, a trust created in deposits in any financial institution, or other trust the nature of which does not admit of general trust administration;
(2) "Trustee" means an original, added, or successor trustee;
(3) "Prudent man" means a trustee whose exercise of trust powers is reasonable and equitable in view of the interests of income or principal beneficiaries, or both, and in view of the manner in which men of ordinary prudence, diligence, discretion, and judgment would act in the management of their own affairs.
History:
[68-104, added 1965, ch. 95, sec. 1, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-105 - POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW.

68-105. POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW. (a) The trustee has all powers conferred upon him by the provisions of this act unless limited in the trust instrument.
(b) An instrument which is not a trust under section 68-104 (1)[, Idaho Code,] may incorporate any part of this act by reference.
History:
[68-105, added 1965, ch. 95, sec. 2, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-106A - FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY.

68-106A. FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY. Notwithstanding the terms of a trust instrument, if a grantor has the power to substitute property of equivalent value, a trustee has a fiduciary duty to determine that the substitute property is of equivalent value, prior to allowing the substitution.
History:
[68-106A, added 2011, ch. 35, sec. 1, p. 78.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-107 - TRUSTEE’S OFFICE NOT TRANSFERABLE — TRANSACTIONS UNDER CHAPTER 14, TITLE 26, IDAHO CODE, EXCEPTED.

68-107. TRUSTEE’S OFFICE NOT TRANSFERABLE — TRANSACTIONS UNDER CHAPTER 14, TITLE 26, IDAHO CODE, EXCEPTED. (1) The trustee shall not transfer his office to another or delegate the entire administration of the trust to a co-trustee or another.
(2) Subsection (1) of this section does not apply to any transfer permitted under chapter 14, title 26, Idaho Code.
History:
[68-107, added 1965, ch. 95, sec. 4, p. 173; am. 1991, ch. 215, sec. 1, p. 515.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-108 - POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST.

68-108. POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST. (a) This act does not effect [affect] the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on his power that would otherwise be placed upon him by the trust or by this act.
(b) If the duty of the trustee and his individual interest or his interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization, except as provided in sections 68-106(c)(1), (4), (6), (18), and (24) upon petition of the trustee. Under this section, personal profit or advantage to an affiliated or subsidiary company or association is personal profit to any corporate trustee.
History:
[68-108, added 1965, ch. 95, sec. 5, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-109 - POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY.

68-109. POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY. (a) Any power vested in 3 or more trustees may be exercised by a majority, but a trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise; and a dissenting trustee is not liable for the consequences of an act in which he joins at the direction of the majority of the trustees, if he expressed his dissent in writing to any of his co-trustees at or before the time of the joinder.
(b) If 2 or more trustees are appointed to perform a trust, and if any of them is unable or refuses to accept the appointment, or, having accepted, ceases to be a trustee, the surviving or remaining trustees shall perform the trust and succeed to all the powers, duties, and discretionary authority given to the trustees jointly.
(c) This section does not excuse a co-trustee from liability for failure either to participate in the administration of the trust or to attempt to prevent a breach of trust.
History:
[68-109, added 1965, ch. 95, sec. 6, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-110 - THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE.

68-110. THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE. With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust powers and their proper exercise by the trustee may be assumed without inquiry. The third person is not bound to inquire whether the trustee has power to act or is properly exercising the power; and a third person, without actual knowledge that the trustee is exceeding his powers or improperly exercising them, is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers he purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the trustee.
History:
[68-110, added 1965, ch. 95, sec. 7, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-111 - APPLICATION OF ACT.

68-111. APPLICATION OF ACT. Except as specifically provided in the trust, the provisions of this act apply to any trust established after the effective date [May 17, 1965] of this act.
History:
[68-111, added 1965, ch. 95, sec. 8, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-112 - UNIFORMITY OF INTERPRETATION.

68-112. UNIFORMITY OF INTERPRETATION. This act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[68-112, added 1965, ch. 95, sec. 9, p. 173.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-114 - PRESENTATION OF A CERTIFICATION OF TRUST IN LIEU OF THE TRUST INSTRUMENT — EFFECT — FORM.

68-114. PRESENTATION OF A CERTIFICATION OF TRUST IN LIEU OF THE TRUST INSTRUMENT — EFFECT — FORM. (1) A trustee may present a certification of trust to any person in lieu of a copy of any trust instrument to establish the existence or terms of the trust. The trustee may present the certification voluntarily or at the request of the person with whom he is dealing. Notwithstanding any provision of this chapter to the contrary, no person is required to accept and rely solely on a certification of trust in lieu of a copy of, or excerpts from, the trust instrument itself.
(2) Such a certification must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust.
History:
[68-114, added 1998, ch. 302, sec. 1, p. 995.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-115 - CONTENTS OF CERTIFICATION OF TRUST.

68-115. CONTENTS OF CERTIFICATION OF TRUST. (1) A certification of trust may confirm the following facts or contain the following information:
(a) The existence of the trust and date of execution of any trust instrument;
(b) The identity of the settlor and each currently acting trustee;
(c) The powers of the trustee and any restrictions imposed upon him in dealing with assets of the trust;
(d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it;
(e) If there is more than one (1) trustee, whether all of the currently acting trustees must, or less than all may, act to exercise identified powers of the trustee;
(f) The identifying number of the trust and whether it is a social security number or an employer identification number;
(g) The state or other jurisdiction under the laws of which the trust was established; and
(h) The form in which title to assets of the trust is to be taken.
(2) The certification must contain a statement that the trust has not been revoked or amended to make any representations contained in the certification incorrect, and that the signatures are those of all the currently acting trustees.
History:
[68-115, added 1998, ch. 302, sec. 2, p. 996.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-116 - DISPOSITIVE PROVISIONS NOT REQUIRED — PERSON PRESENTED WITH CERTIFICATION MAY REQUEST EXCERPTS FROM TRUST INSTRUMENT DESIGNATING TRUSTEE.

68-116. DISPOSITIVE PROVISIONS NOT REQUIRED — PERSON PRESENTED WITH CERTIFICATION MAY REQUEST EXCERPTS FROM TRUST INSTRUMENT DESIGNATING TRUSTEE. A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is presented may require copies of excerpts from any trust instrument which designate the trustee or confer upon him the power to act in the pending transaction.
History:
[68-116, added 1998, ch. 302, sec. 3, p. 996.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-117 - RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY.

68-117. RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY. (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know that the facts contained in the certification are incorrect may assume without inquiry the existence of the facts contained in the certification. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification.
(2) A transaction, and any lien created thereby, entered into by a trustee and a person acting in reliance upon a certification of trust is fully enforceable against the assets of the trust unless the person knows that the trustee is acting outside the scope of the trust.
History:
[68-117, added 1998, ch. 302, sec. 4, p. 997.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-118 - FAILURE TO DEMAND CERTIFICATION OR REFUSAL TO ACCEPT AND RELY ON CERTIFICATION NOT IMPROPER ACT — LIABILITY.

68-118. FAILURE TO DEMAND CERTIFICATION OR REFUSAL TO ACCEPT AND RELY ON CERTIFICATION NOT IMPROPER ACT — LIABILITY. A person’s failure to demand a certification of trust, or his refusal to accept and rely solely on a certification of trust, may not be considered to be an improper act by him and no inference as to whether he has acted in good faith may be drawn from the failure to demand, or the refusal to accept and rely upon, a certification of trust. This section creates no implication that a person is liable for acting in reliance upon a certification of trust under circumstances where the requirements of sections 68-114 through 68-119, Idaho Code, are not satisfied.
History:
[68-118, added 1998, ch. 302, sec. 5, p. 997.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-119 - APPLICABILITY.

68-119. APPLICABILITY. The provisions of sections 68-114 through 68-120, Idaho Code, shall apply to all trusts, whether established pursuant to Idaho law or established pursuant to the law of another state or jurisdiction.
History:
[68-119, added 1998, ch. 302, sec. 6, p. 997; am. 2006, ch. 250, sec. 1, p. 759.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 1 - TRUSTS › Section 68-120 - DOCTRINE OF WORTHIER TITLE INAPPLICABLE.

68-120. DOCTRINE OF WORTHIER TITLE INAPPLICABLE. The doctrine of worthier title shall not be applied as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s heirs, heirs at law, next of kin, distributees, relatives or family, or language of similar import, shall not create or presumptively create a reversionary interest in the transferor.
History:
[68-120, added 2006, ch. 250, sec. 2, p. 759.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 2 - ASSIGNMENTS FOR BENEFIT OF CREDITORS › Section 68-201 - RESIDENCE QUALIFICATION OF ASSIGNEE.

68-201. RESIDENCE QUALIFICATION OF ASSIGNEE. No assignment for the benefit of creditors shall be valid unless made to a bona fide resident of this state or to a corporation duly authorized to do business in this state.
History:
[(68-201) 1927, ch. 209, sec. 1, p. 293; I.C.A., sec. 66-201.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-301 - DEFINITION OF TERMS.

68-301. DEFINITION OF TERMS. In this chapter unless the context or subject-matter otherwise requires:
1. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking.
"Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.
"Person" includes a corporation, partnership, or other association, or two (2) or more persons having a joint or common interest.
"Principal" includes any person to whom a fiduciary as such owes an obligation.
2. A thing is done "in good faith" within the meaning of this chapter when it is in fact done honestly, whether it be done negligently or not.
History:
[(68-301) 1925, ch. 217, sec. 1, p. 393; I.C.A., sec. 66-301.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-302 - APPLICATION OF PAYMENTS MADE TO FIDUCIARIES.

68-302. APPLICATION OF PAYMENTS MADE TO FIDUCIARIES. A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.
History:
[(68-302) 1925, ch. 217, sec. 2, p. 393; I.C.A., sec. 66-302.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-304 - TRANSFER OF NEGOTIABLE INSTRUMENT BY FIDUCIARY.

68-304. TRANSFER OF NEGOTIABLE INSTRUMENT BY FIDUCIARY. If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.
History:
[(68-304) 1925, ch. 217, sec. 4, p. 393; I.C.A., sec. 66-304.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-305 - CHECK DRAWN BY FIDUCIARY PAYABLE TO THIRD PERSON.

68-305. CHECK DRAWN BY FIDUCIARY PAYABLE TO THIRD PERSON. If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.
History:
[(68-305) 1925, ch. 217, sec. 5, p. 393; I.C.A., sec. 66-305.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-306 - CHECK DRAWN BY AND PAYABLE TO FIDUCIARY.

68-306. CHECK DRAWN BY AND PAYABLE TO FIDUCIARY. If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such facts that his action in taking the instrument amounts to bad faith.
History:
[(68-306) 1925, ch. 217, sec. 6, p. 393; I.C.A., sec. 66-303.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-307 - DEPOSIT IN NAME OF FIDUCIARY AS SUCH.

68-307. DEPOSIT IN NAME OF FIDUCIARY AS SUCH. If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
History:
[(68-307) 1925, ch. 217, sec. 7, p. 393; I.C.A., sec. 66-307.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-308 - DEPOSIT IN NAME OF PRINCIPAL.

68-308. DEPOSIT IN NAME OF PRINCIPAL. If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
History:
[(68-308) 1925, ch. 217, sec. 8, p. 393; I.C.A., sec. 66-308.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-309 - DEPOSIT IN FIDUCIARY’S PERSONAL ACCOUNT.

68-309. DEPOSIT IN FIDUCIARY’S PERSONAL ACCOUNT. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary or of the checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligations as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.
History:
[(68-309) 1925, ch. 217, sec. 9, p. 393; I.C.A., sec. 66-309.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-310 - DEPOSIT IN NAMES OF TWO OR MORE TRUSTEES.

68-310. DEPOSIT IN NAMES OF TWO OR MORE TRUSTEES. When a deposit is made in a bank in the name of two (2) or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
History:
[(68-310) 1925, ch. 217, sec. 10, p. 393; I.C.A., sec. 66-310.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-311 - CHAPTER NOT RETROACTIVE.

68-311. CHAPTER NOT RETROACTIVE. The provisions of this chapter shall not apply to transactions taking place prior to the time when it takes effect.
History:
[(68-311) 1925, ch. 217, sec. 11, p. 393; I.C.A., sec. 66-311.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-312 - CASES NOT PROVIDED FOR IN CHAPTER.

68-312. CASES NOT PROVIDED FOR IN CHAPTER. In any case not provided for in this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.
History:
[(68-312) 1925, ch. 217, sec. 12, p. 393; I.C.A., sec. 66-312.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-313 - UNIFORMITY OF INTERPRETATION.

68-313. UNIFORMITY OF INTERPRETATION. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[(68-313) 1925, ch. 217, sec. 13, p. 393; I.C.A., sec. 66-313.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-314 - SHORT TITLE.

68-314. SHORT TITLE. This chapter may be cited as the Uniform Fiduciaries Law.
History:
[(68-314) 1925, ch. 217, sec. 14, p. 393; I.C.A., sec. 66-314.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 3 - UNIFORM FIDUCIARIES LAW › Section 68-315 - INCONSISTENT LAWS REPEALED.

68-315. INCONSISTENT LAWS REPEALED. All acts or parts of acts inconsistent with this chapter are hereby repealed.
History:
[(68-315) 1925, ch. 217, sec. 15, p. 393; I.C.A., sec. 66-315.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-401 - MORTGAGE LOANS INSURABLE BY FEDERAL HOUSING ADMINISTRATOR — AUTHORITY TO MAKE.

68-401. MORTGAGE LOANS INSURABLE BY FEDERAL HOUSING ADMINISTRATOR — AUTHORITY TO MAKE. The following persons, corporations, institutions and officers are hereby authorized to make such loans, secured by real property or leasehold as the federal housing administrator insures or makes a commitment to insure, and may obtain such insurance, to-wit: banks, trust companies, insurance companies, loan and building corporations, building and loan associations, savings and loan associations, and other savings and/or investment institutions, guardians, executors, administrators, trustees and other fiduciaries, and all other persons, associations and corporations subject to the laws of this state and qualified and licensed to make such loans.
History:
[48-401, added 1935, ch. 3, sec. 1, p. 14; am. 1935, ch. 127, sec. 1, p. 299; am. 1937, ch. 26, sec. 1, p. 36.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-402 - SECURITIES OF FEDERAL HOUSING ADMINISTRATOR AND NATIONAL MORTGAGE ASSOCIATIONS LEGAL INVESTMENTS.

68-402. SECURITIES OF FEDERAL HOUSING ADMINISTRATOR AND NATIONAL MORTGAGE ASSOCIATIONS LEGAL INVESTMENTS. It shall be lawful for banks, trust companies, insurance companies, loan and building corporations, building and loan associations, savings and loan associations, and other savings and/or investment institutions, guardians, executors, administrators, trustees and other fiduciaries, and all other persons, associations and corporations subject to the laws of this state, qualified thereto, to invest their funds and the moneys in their custody or possession eligible for investment in notes or bonds secured by mortgage or deed of trust insured or debentures issued, by the federal housing administrator, and in securities and stocks of national mortgage associations.
History:
[68-402, added 1935, ch. 3, sec. 2, p. 14; am. 1935, ch. 127, sec. 2, p. 299; am. 1937, ch. 26, sec. 2, p. 36; am. 1957, ch. 108, sec. 1, p. 186.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-403 - OTHER LAWS DECLARED INAPPLICABLE.

68-403. OTHER LAWS DECLARED INAPPLICABLE. No law of this state, requiring securities upon which loans or investments may be made or prescribing the nature, amount or form of such security, or prescribing or limiting the period for which loans or investments may be made, shall be deemed to apply to loans or investments made pursuant to the authority granted in this act.
History:
[68-403, added 1935, ch. 3, sec. 3, p. 14; reen. 1935, ch. 127, sec. 3, p. 299.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-404 - FEDERAL HOME LOAN BANK SECURITIES MADE LEGAL INVESTMENTS.

68-404. FEDERAL HOME LOAN BANK SECURITIES MADE LEGAL INVESTMENTS. Executors, administrators, guardians, trustees and other fiduciaries of every kind and nature, land and building corporations, building and loan associations, savings and loan associations and other savings or investment institutions, trust companies, banks and insurance companies, incorporated under the laws of this state, are authorized, in addition to investments now authorized by laws of this state, to invest in bonds and other obligations of, or guaranteed as to interest and principal by, the United States, either directly or through securities of or other interests in any unincorporated investment company or investment trust registered under the federal investment company act of 1940, as from time to time amended, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States government and its agencies and instrumentalities, the payment of which is fully guaranteed as to principal and interest by the United States government, and to repurchase agreements fully collateralized by any such obligations, provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; bonds or debentures issued by any federal home loan bank in accordance with the provisions of the Federal Home Loan Bank Act, and amendments thereto; consolidated federal home loan bank bonds or debentures issued by the federal home loan bank board in accordance with the provisions of the Federal Home Loan Bank Act, and amendments thereto; bonds or debentures issued by the Federal Savings and Loan Insurance Corporation in accordance with the provisions of title IV of the National Housing Act, and amendments thereto; shares or accounts of land and building corporations, savings and loan associations, building and loan associations, and other savings or investment institutions, incorporated under the laws of this state, which have been insured by the Federal Savings and Loan Insurance Corporation; and shares or accounts of federal savings and loan associations incorporated under the provisions of Home Owners’ Loan Act of 1933, and amendments thereto, doing business in this state, which have been insured by the Federal Savings and Loan Insurance Corporation.
History:
[68-404, added 1937, ch. 62, sec. 1, p. 83; am. 1992, ch. 239, sec. 1, p. 711.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-404A - BANKS AND TRUST COMPANIES — INVESTMENT IN MUTUAL FUNDS.

68-404A. BANKS AND TRUST COMPANIES — INVESTMENT IN MUTUAL FUNDS. (1) In addition to other investments authorized by law for the investment of funds held by a fiduciary, or by the instrument governing the fiduciary relationship, and notwithstanding any other provision of law, a bank or trust company acting as a fiduciary, agent or otherwise may, in the exercise of its investment discretion or at the direction of another person authorized to direct the investment of funds held by the bank or trust company as a fiduciary, invest and reinvest in the securities of an open-end or closed-end management investment company or investment trust registered under the federal investment company act of 1940.
(2) The fact that the bank or trust company or an affiliate of the bank or trust company provides services to the investment company or investment trust as an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or otherwise and is receiving reasonable remuneration for those services, shall not preclude such bank or trust company from investing or reinvesting in the securities of such investment company or investment trust.
History:
[68-404A, added 1992, ch. 54, sec. 1, p. 160.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-405 - HOUSING BONDS LEGAL INVESTMENTS.

68-405. HOUSING BONDS LEGAL INVESTMENTS. Notwithstanding any restrictions on investments contained in any laws of this state all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to the Housing Authorities Law of this state, or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof; it being the purpose of this act to authorize any private persons or corporations to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this act shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.
History:
[68-405, added 1939, ch. 232, sec. 1, p. 528.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-406 - LIFE, ENDOWMENT AND ANNUITY CONTRACTS — INVESTMENT OF FUNDS.

68-406. LIFE, ENDOWMENT AND ANNUITY CONTRACTS — INVESTMENT OF FUNDS. All guardians, trustees and other fiduciaries may legally invest any funds administered by them in any life, endowment or annuity contracts issued by any legal reserve life insurance company authorized to do business in the state of Idaho, it being the purpose of this act to authorize any private person, bank, trust company or other institution acting as guardian, trustee or fiduciary to invest funds coming into their possession or under their control as such guardian, trustee or fiduciary in any life, endowment, or annuity contracts issued by any legal reserve insurance company authorized to do business in the state of Idaho, when, in their opinion, it will be for the best interests of their wards or trust estate, provided, however, that whenever an order of the probate court or other court has been heretofore required by law for the investment of any funds being administered by such guardian, trustee or other fiduciary, then such order shall be required in cases of investment of funds under this act.
History:
[68-406, added 1947, ch. 206, sec. 1, p. 482.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 4 - LEGAL INVESTMENTS › Section 68-407 - PUBLIC AND TRUST FUNDS — INVESTMENT IN PORT DISTRICT OBLIGATIONS.

68-407. PUBLIC AND TRUST FUNDS — INVESTMENT IN PORT DISTRICT OBLIGATIONS. Notwithstanding the provisions of the Public Depository Law, or of any other statute of the state of Idaho to the contrary, it shall be lawful for the state of Idaho and any of its departments, institutions and agencies, municipalities, districts and political subdivisions, and for any political or public corporation of the state, and for any insurance company, savings and loan association, and for any bank, trust company or other financial institution operating under the laws of the state of Idaho, and for any executor, administrator, guardian or conservator, trustee or other fiduciary, to invest its funds or the moneys in its custody or possession eligible for investment, in any revenue bonds or warrants or general obligation bonds or general obligation refunding bonds issued by any port district of the state of Idaho.
History:
[68-407, added I.C., sec. 68-407, as added by S.L. 1967, ch. 325, sec. 1, p. 954.]
2023 Idaho Code › Title 68 - TRUSTS AND FIDUCIARIES › Chapter 5 - UNIFORM PRUDENT INVESTOR ACT › Section 68-501 - PRUDENT INVESTOR RULE.

68-501. PRUDENT INVESTOR RULE. (1) Except as otherwise provided in subsection (2) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this act.
(2) The prudent investor rule, a default rule, may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
History:
[68-501, added 1997, ch. 14, sec. 2, p. 15.]