reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1104 - ADVERTISEMENTS.

48-1104. ADVERTISEMENTS. (1) If the total charge for the pay-per-telephone call service is more than two dollars ($2.00), advertisements by information providers for pay-per-telephone call services must clearly and conspicuously disclose, as that term is defined by the Idaho consumer protection act and regulations promulgated thereunder, the price or cost of the service being advertised, and contain the information required to be set forth in subsection (2) of section 48-1103, Idaho Code, except as provided in subsection (2) of this section.
(2) For purposes of this chapter, a listing in any section of a directory in which businesses or professions are listed alphabetically and which directory is not published more often than twice in a consecutive twelve (12) month period of time, does not constitute an advertisement. Information providers that advertise pay-per-telephone call services in the section of a directory which lists businesses by subject category, and which directory is not published more often than twice in a consecutive twelve (12) month period of time, shall conspicuously disclose in the advertisement that the service is a pay-per-telephone call service but need not disclose the price or cost of the service.
History:
[48-1104, added 1992, ch. 29, sec. 1, p. 92; am. 1992, ch. 100, sec. 1, p. 318.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1105 - REMEDIES.

48-1105. REMEDIES. (1) When an information provider has failed to comply with any provision of this chapter, any obligation by a consumer that may have arisen from the dialing of a pay-per-telephone call service is void and unenforceable.
(2) Any failure to comply with any provision of this chapter is an unfair and deceptive act or practice. Any person aggrieved by a violation of this chapter shall be entitled to all available remedies against the information provider, pursuant to the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(3) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other statute.
History:
[48-1105, added 1992, ch. 29, sec. 1, p. 92.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1106 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.

48-1106. AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT. The attorney general and district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district court under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[48-1106, added 1992, ch. 29, sec. 1, p. 92.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1107 - LIMITATIONS OF ACTION.

48-1107. LIMITATIONS OF ACTION. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.
(2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.
History:
[48-1107, added 1992, ch. 29, sec. 1, p. 92.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1108 - ADULT ENTERTAINMENT PAY-PER-TELEPHONE CALLS.

48-1108. ADULT ENTERTAINMENT PAY-PER-TELEPHONE CALLS. (1) Except as provided in subsection (2) of this section, no charge of any nature for any adult entertainment pay-per-telephone call is valid and enforceable unless the consumer has first entered into a presubscription or comparable agreement to purchase the adult entertainment pay-per-telephone call. Any adult entertainment pay-per-telephone call charges incurred absent a presubscription or comparable agreement are void and unenforceable.
(2) The second and successive time a consumer receives a telephone bill that includes charges for an adult entertainment pay-per-telephone call, the charges, if incurred absent a presubscription or comparable agreement, are void and unenforceable if:
(a) The charges were incurred as the result of third-party fraud; or
(b) The bill is sent to the consumer by a telephone corporation as a holder in due course and, upon written notification to the applicable telephone corporation of the disputed charge, the telephone corporation is able to recourse the bill back to the information provider or its agent.
(3) Any information provider which, on its own, or through an agent, assign, or successor who seeks to collect a charge of any nature for an adult entertainment pay-per-telephone call that does not have a presubscription or comparable agreement evidencing the consumer’s agreement to purchase the call, has committed an unfair, unlawful and deceptive act or practice in trade and commerce for purposes of applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[48-1108, added 1997, ch. 75, sec. 3, p. 157.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 12 - IDAHO CHARITABLE SOLICITATION ACT › Section 48-1201 - LEGISLATIVE FINDINGS AND INTENT.

48-1201. LEGISLATIVE FINDINGS AND INTENT. (1) The incidents of deceptive collection of funds in the name of charities are increasing in Idaho. Many generous Idahoans and legitimate charities suffer financial losses because of misrepresentations and failures to disclose material facts by those who falsely claim to represent a charitable organization or purpose.
(2) It is the intent of the legislature to safeguard the public against deceit and financial hardship, to ensure, foster, and encourage truthful solicitation and prohibit representations that have the capacity, tendency, or effect of misleading a contributor or harming the reputation of charitable organizations that do not make such representations. The provisions of this chapter are remedial, and shall be construed and applied liberally to accomplish the above-stated purposes.
(3) This chapter shall be known and may be cited as the "Idaho Charitable Solicitation Act."
History:
[48-1201, added 1993, ch. 246, sec. 1, p. 857.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 12 - IDAHO CHARITABLE SOLICITATION ACT › Section 48-1203 - UNLAWFUL ACTS.

48-1203. UNLAWFUL ACTS. (1) It is unlawful for any person, except a religious corporation, a religious association, a religious educational institution or a religious society, in the planning, conduct or execution of any charitable solicitation, to utilize any unfair, false, deceptive, misleading or unconscionable act or practice. In deciding whether an act or practice is unfair, false, deceptive, misleading or unconscionable within the meaning of this subsection, definitions, standards and interpretations relating thereto under the Idaho consumer protection act and regulations promulgated thereunder shall apply.
(2) It is unlawful for a religious corporation, a religious association, a religious educational institution or a religious society, in the planning, conduct or execution of any charitable solicitation, knowingly and willfully to utilize any false, deceptive or misleading act or practice.
(3) It is unlawful for any person or charitable organization to use a container in a public place to solicit contributions by offering a product for sale knowing the container does not have a disclosure label affixed to it. However, no charitable organization shall be liable under this subsection if the container generates less than a gross amount of one hundred dollars ($100) per year or the charitable organization generates less than a gross amount of five hundred dollars ($500) per year from all sources for any charitable purpose or purposes. It is an absolute defense to prosecution under this subsection if the person or charitable organization soliciting contributions has given one hundred percent (100%) of the receipts generated by the container to the designated charitable organization to further the charitable purpose or purposes for which contributions were solicited.
History:
[48-1203, added 1993, ch. 246, sec. 1, p. 859; am. 1996, ch. 182, sec. 2, p. 578.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 12 - IDAHO CHARITABLE SOLICITATION ACT › Section 48-1204 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.

48-1204. AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) All penalties, costs, and fees received or recovered by the attorney general shall be remitted to the consumer protection account and expended pursuant to subsection (5) of section 48-606, Idaho Code.
History:
[48-1204, added 1993, ch. 246, sec. 1, p. 859.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 12 - IDAHO CHARITABLE SOLICITATION ACT › Section 48-1205 - PRIVATE CAUSES OF ACTION AND REMEDIES.

48-1205. PRIVATE CAUSES OF ACTION AND REMEDIES. (1) Any person who, pursuant to a charitable solicitation, suffers damages as a result of any act, conduct, or practice declared unlawful under the provisions of this chapter, shall have the same rights and remedies in seeking and obtaining redress under the provisions of this chapter as those granted under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in other law.
History:
[48-1205, added 1993, ch. 246, sec. 1, p. 859.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 12 - IDAHO CHARITABLE SOLICITATION ACT › Section 48-1206 - LIMITATION OF ACTION.

48-1206. LIMITATION OF ACTION. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.
(2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.
History:
[48-1206, added 1993, ch. 246, sec. 1, p. 859.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1301 - SHORT TITLE.

48-1301. SHORT TITLE. This act shall be known and may be cited as the "Music Licensing and Copyright Enforcement Act of 1996."
History:
[48-1301, added 1996, ch. 330, sec. 1, p. 1124.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1302 - DEFINITIONS.

48-1302. DEFINITIONS. As used in this chapter:
(1) "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.).
(2) "Nondramatic" means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play.
(3) "Performing rights society" means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. (BMI), and SESAC, Inc.
(4) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast or otherwise transmitted for the enjoyment of members of the public there assembled.
(5) "Royalty" or "royalties" means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works.
History:
[48-1302, added 1996, ch. 330, sec. 1, p. 1124.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1303 - NOTICE AND INFORMATION TO BE PROVIDED.

48-1303. NOTICE AND INFORMATION TO BE PROVIDED. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless it agrees to provide to the proprietor upon request at the proprietor’s place of business, by electronic means or otherwise:
(1) Information as to whether specific copyrighted musical works are in its repertoire; and
(2) The opportunity to review the most current available list of the performing rights society’s members or affiliates.
History:
[48-1303, added 1996, ch. 330, sec. 1, p. 1124.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1304 - ROYALTY CONTRACT REQUIREMENTS.

48-1304. ROYALTY CONTRACT REQUIREMENTS. Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the state on or after July 1, 1996 shall be:
(1) In writing;
(2) Signed by the parties;
(3) Written to include, at a minimum, the following information:
(a) The proprietor’s name and business address and the name and location of each place of business to which the contract applies;
(b) The name of the performing rights society;
(c) The duration of the contract; and
(d) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract.
History:
[48-1304, added 1996, ch. 330, sec. 1, p. 1124.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1305 - PROHIBITED CONDUCT.

48-1305. PROHIBITED CONDUCT. No performing rights society or any agent or employee thereof shall:
(1) Enter onto the premises of a proprietor’s business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or his employees, without first identifying himself to the proprietor or his employees and making known to them the purpose of the discussion or inquiry;
(2) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business;
(3) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or
(4) Fail to comply with or fulfill the obligations imposed by sections 48-1303 and 48-1304, Idaho Code. However, nothing in this chapter shall be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligation under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.).
History:
[48-1305, added 1996, ch. 330, sec. 1, p. 1125.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1306 - REMEDIES — INJUNCTION.

48-1306. REMEDIES — INJUNCTION. Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney’s fees and seek an injunction or any other remedy available at law or in equity.
History:
[48-1306, added 1996, ch. 330, sec. 1, p. 1125.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1307 - REMEDIES CUMULATIVE.

48-1307. REMEDIES CUMULATIVE. The rights, remedies and prohibitions contained in this chapter shall be in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of the state, and nothing contained in this chapter shall be construed to deny, abrogate or impair any common law or statutory right, remedy or prohibition.
History:
[48-1307, added 1996, ch. 330, sec. 1, p. 1125.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 13 - MUSIC LICENSING AND COPYRIGHT ENFORCEMENT ACT › Section 48-1308 - EXCEPTIONS.

48-1308. EXCEPTIONS. This chapter shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission, or to contracts with cable operators, programmers or other transmission services. Nor shall this chapter apply to musical works performed in synchronization with an audio/visual film or tape.
History:
[48-1308, added 1996, ch. 330, sec. 1, p. 1125.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 14 - ASSISTIVE TECHNOLOGY WARRANTY ACT › Section 48-1401 - SHORT TITLE.

48-1401. SHORT TITLE. This chapter governing the sale of assistive technology devices may be cited as the "Assistive Technology Warranty Act."
History:
[48-1401, added 1997, ch. 276, sec. 1, p. 819.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 14 - ASSISTIVE TECHNOLOGY WARRANTY ACT › Section 48-1403 - EXPRESS WARRANTIES.

48-1403. EXPRESS WARRANTIES. (1) A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall furnish the consumer with an express warranty to preserve or maintain the utility or performance of the assistive device. The duration of the express warranty must not be less than one (1) year after first possession of the assistive device by the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.
(2) If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer’s authorized assistive device dealers and makes the assistive device available for repairs before one (1) year after the first possession of the device by the consumer, the nonconformity must be repaired or replaced.
History:
[48-1403, added 1997, ch. 276, sec. 1, p. 821.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 14 - ASSISTIVE TECHNOLOGY WARRANTY ACT › Section 48-1405 - NONCONFORMITY DISCLOSURE REQUIREMENT.

48-1405. NONCONFORMITY DISCLOSURE REQUIREMENT. No assistive device returned by a consumer or assistive device lessor in this state or another state may be sold or leased in this state unless full disclosure of the reason for return is made to the prospective buyer or lessee.
History:
[48-1405, added 1997, ch. 276, sec. 1, p. 822.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 14 - ASSISTIVE TECHNOLOGY WARRANTY ACT › Section 48-1406 - MANUFACTURER’S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES AND PENALTIES.

48-1406. MANUFACTURER’S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES AND PENALTIES. (1) Whenever an assistive device covered by manufacturer’s express warranty is tendered by a consumer to a dealer from whom it was purchased or exchanged for the repair of a defect, malfunction or nonconformity to which the warranty is applicable and at least one (1) of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:
(a) The repair period exceeds ten (10) working days, including the day on which the device is tendered to the dealer for repair; or
(b) The defect, malfunction or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two (2) previous occasions.
(2) This section applies for the period of the manufacturer’s express warranty.
History:
[48-1406, added 1997, ch. 276, sec. 1, p. 822.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 14 - ASSISTIVE TECHNOLOGY WARRANTY ACT › Section 48-1407 - ENFORCEMENT.

48-1407. ENFORCEMENT. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the chapter in the district court of the county where the consumer resides or where the manufacturer resides or has its principal place of business. Damages include all costs to the consumer attributable to the nonconforming device, but does not include punitive damages. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, and costs and reasonable attorney’s fees, and any other equitable relief the court deems appropriate.
(2) These sections shall not be construed to limit rights or remedies available to the consumer under any other law and the remedies provided under this chapter are inclusive and in addition to any other remedies provided by law.
(3) Any waiver by a consumer of rights under this chapter is void.
History:
[48-1407, added 1997, ch. 276, sec. 1, p. 822.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1501 - LEGISLATIVE FINDINGS AND INTENT.

48-1501. LEGISLATIVE FINDINGS AND INTENT. (1) Nonprofit hospitals hold assets in charitable trust, and are dedicated to the specific charitable purposes set forth in the articles of incorporation of the nonprofit corporations or governing papers of the nonprofit entities operating such hospitals. Nonprofit hospitals have a substantial and beneficial effect on the provision of health care to the people of Idaho, providing as part of their charitable mission free or low-cost health care.
(2) The attorney general is entrusted by law to bring actions on behalf of the public in the event of a breach of the charitable trust, pursuant to section 67-1401, Idaho Code.
(3) This act shall be cited as the "Nonprofit Hospital Sale or Conversion Act."
History:
[48-1501, added 2000, ch. 314, sec. 1, p. 1054.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1502 - DEFINITIONS.

48-1502. DEFINITIONS. As used in this act:
(1) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing, for not less than twenty-four (24) hours in any week, of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals.
(2) "Nonprofit hospital" means any hospital, including hospitals owned by corporations, that is organized as a nonprofit concern, however structured or created. The term also includes entities owned, governed or controlled by a nonprofit hospital. The term does not include hospitals which are operated by a governmental unit.
(3) "Nonprofit hospital conversion transaction" means:
(a) The sale, transfer, lease, exchange, optioning, or conveyance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital; or
(b) The transfer of control or governance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital.
(c) "Nonprofit hospital conversion transaction" does not include contracts, in the usual course of business, between the nonprofit hospital and another entity:
(i) For the provision of services to the nonprofit hospital;
(ii) For the sale of equipment; or
(iii) For the leasing of space.
(d) Beginning on July 1, 2001, and each July 1 thereafter, the sums of thirty million dollars ($30,000,000) referenced in subsections (3)(a) and (3)(b) of this section, shall increase or decrease in accordance with the percentage amount change in the hospital services component of the consumer price index as published by the bureau of labor statistics of the United States department of labor.
(4) "Person" means any individual, partnership, trust, estate, corporation, association, joint venture, joint stock company, insurance company or other organization.
(5) "Charitable trust interest" shall mean those factors specifically listed in section 48-1506, Idaho Code.
History:
[48-1502, added 2000, ch. 314, sec. 1, p. 1054.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1503 - NOTICE TO THE ATTORNEY GENERAL.

48-1503. NOTICE TO THE ATTORNEY GENERAL. (1) Any nonprofit hospital shall be required to provide written notice to the attorney general prior to entering into any nonprofit hospital conversion transaction.
(2) In addition to identifying the parties to the nonprofit hospital conversion transaction and the general terms of the transaction, the notice to the attorney general provided for in this section shall include and contain relevant information related to the review factors set forth in section 48-1506, Idaho Code.
(3) This chapter shall not apply to a nonprofit hospital if the attorney general has given the nonprofit hospital a written waiver of this chapter as to the nonprofit hospital conversion transaction.
History:
[48-1503, added 2000, ch. 314, sec. 1, p. 1055.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1504 - ATTORNEY GENERAL REVIEW AND WRITTEN OPINION — TIME PERIODS — EXTENSION — DISTRICT COURT REVIEW.

48-1504. ATTORNEY GENERAL REVIEW AND WRITTEN OPINION — TIME PERIODS — EXTENSION — DISTRICT COURT REVIEW. (1) No nonprofit hospital conversion transaction may close or be consummated until the time periods, as provided in this section, have expired.
(2) Within ninety (90) days of receipt of a written notice as required by section 48-1503, Idaho Code, the attorney general shall review the proposed nonprofit hospital conversion transaction and notify the nonprofit hospital in writing of his opinion. The attorney general shall review the nonprofit hospital conversion transaction to determine if it is in the charitable trust interest. In making his determination, the attorney general shall be guided by the factors set forth in section 48-1506, Idaho Code. Upon application by the attorney general, the district court may extend this period for an additional sixty (60) day period, provided the extension is necessary to obtain necessary and relevant information pursuant to section 48-1507(2) or 48-1508(1), Idaho Code.
(3) If the attorney general, in his written opinion, opposes the proposed nonprofit hospital conversion transaction, the parties to the transaction may not close or consummate the transaction for fourteen (14) days after the attorney general’s opinion has been issued to allow the attorney general, in his discretion, to file suit seeking to block the transaction.
(4) If the attorney general files a lawsuit seeking to block the nonprofit hospital conversion transaction, the district court shall review, de novo, the transaction to determine if it is in the charitable trust interest. In making this determination, the district court shall use the factors set forth in section 48-1506, Idaho Code. Neither a positive nor a negative finding with regard to one (1) or more of the factors listed in section 48-1506, Idaho Code, shall necessarily mean that the nonprofit hospital conversion transaction is or is not in the charitable trust interest.
History:
[48-1504, added 2000, ch. 314, sec. 1, p. 1055.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1505 - PUBLIC MEETINGS — NOTICE OF TIME AND PLACE.

48-1505. PUBLIC MEETINGS — NOTICE OF TIME AND PLACE. (1) Prior to issuing any written opinion pursuant to section 48-1504, Idaho Code, the attorney general may conduct one (1) or more public meetings, one (1) of which, if held, shall be held in the county where the nonprofit hospital’s assets to be transferred are located.
(2) If a party to the intended nonprofit hospital conversion transaction requests the hearing be conducted by a hearing officer outside the attorney general’s office, a hearing officer, mutually agreed upon by the parties to the conversion transaction and the attorney general, shall be selected.
(3) At the public meeting, the attorney general or hearing officer shall hear comments from interested persons desiring to make statements regarding the proposed nonprofit hospital conversion transaction.
(4) The attorney general shall cause timely written notice to be provided regarding the time and place of the meeting through publication in one (1) or more newspapers of general circulation in the affected community, to the county board of supervisors, and if applicable, to the city council of the city where the nonprofit hospital’s assets to be transferred are located.
(5) If a hearing officer is used, the parties to the nonprofit hospital conversion transaction shall pay the costs of the hearing officer.
History:
[48-1505, added 2000, ch. 314, sec. 1, p. 1056.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1506 - NONPROFIT HOSPITAL CONVERSION TRANSACTION REVIEW ELEMENTS.

48-1506. NONPROFIT HOSPITAL CONVERSION TRANSACTION REVIEW ELEMENTS. In reviewing a proposed nonprofit hospital conversion transaction, the attorney general (and the district court as necessary and applicable), shall consider:
(1) Whether the nonprofit hospital will receive fair market value for its charitable trust assets;
(2) Whether the fair market value of the nonprofit hospital’s assets to be transferred has been affected by the actions of the parties in a manner that improperly causes the fair market value of the assets to decrease;
(3) Whether the proceeds of the proposed nonprofit hospital conversion transaction will be used consistent with the trust under which the assets are held by the nonprofit hospital and whether the proceeds will be controlled as funds independently of the acquiring or related entities;
(4) Whether the governing body of the nonprofit hospital exercised due diligence in deciding to dispose of the nonprofit hospital’s assets, selecting the acquiring entity, and negotiating the terms and conditions of the disposition;
(5) Whether the nonprofit hospital conversion transaction will result in improper private inurement to any person as set forth in section 48-1511, Idaho Code; and
(6) Whether the terms of any management or services contract negotiated in conjunction with the proposed nonprofit hospital conversion transaction are reasonable.
History:
[48-1506, added 2000, ch. 314, sec. 1, p. 1056.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1507 - RULES — AUTHORITY TO ADOPT — INFORMATION REQUESTS — CONSEQUENCES OF REFUSAL TO PROVIDE INFORMATION.

48-1507. RULES — AUTHORITY TO ADOPT — INFORMATION REQUESTS — CONSEQUENCES OF REFUSAL TO PROVIDE INFORMATION. (1) The attorney general may adopt such rules, pursuant to chapter 52, title 67, Idaho Code, as the attorney general deems appropriate or necessary to implement this chapter.
(2) The attorney general may request that the nonprofit hospital giving notice under section 48-1503, Idaho Code, in addition to providing information related to the review factors set forth in section 48-1506, Idaho Code, provide other information which the attorney general reasonably deems necessary and relevant to review the nonprofit hospital conversion transaction.
(3) If the nonprofit hospital declines to provide the information requested by the attorney general in subsection (2) of this section, the attorney general may apply to the court for an order requiring the disclosure of the information, which shall be granted if found to be necessary and relevant.
History:
[48-1507, added 2000, ch. 314, sec. 1, p. 1057.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1508 - CONTRACTS WITH AGENCIES AND CONSULTANTS — REIMBURSEMENT FOR COSTS AND EXPENSES OF REVIEW — FAILURE TO PAY.

48-1508. CONTRACTS WITH AGENCIES AND CONSULTANTS — REIMBURSEMENT FOR COSTS AND EXPENSES OF REVIEW — FAILURE TO PAY. (1) Within the time periods designated in section 48-1504, Idaho Code, the attorney general may do any of the following to assist in the review of the proposed nonprofit hospital conversion transaction described in section 48-1503, Idaho Code:
(a) Contract with, consult, and receive advice from any agency of the state or the United States on such terms and conditions the attorney general deems appropriate; or
(b) In the attorney general’s sole discretion, contract with such experts or consultants the attorney general deems appropriate to assist the attorney general in reviewing the proposed nonprofit hospital conversion transaction.
(2) Any costs incurred by the attorney general pursuant to this section shall not exceed an amount that is reasonable and necessary to conduct the review of the proposed nonprofit hospital conversion transaction. The attorney general shall be exempt from the provisions of any applicable state laws regarding public bidding procedures for purposes of entering into contracts pursuant to this section.
(3) The attorney general, after reviewing the nonprofit hospital conversion transaction, may submit a claim to the board of examiners for reimbursement of his reasonable costs and expenses incurred in reviewing the transaction. Upon submission of a claim from the attorney general, the board of examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing the attorney general reasonable and actual costs, but not attorney’s fees, associated with actions taken pursuant to this chapter. Deficiency warrants authorized by the board of examiners under this section shall not exceed one hundred thousand dollars ($100,000) for reimbursement of all claims as a result of the attorney general’s review of a transaction under this chapter. Upon authorization of deficiency warrants by the board of examiners in accordance with the provisions of this section, the state controller shall, after notice to the state treasurer, draw deficiency warrants in the authorized amounts against the general account.
History:
[48-1508, added 2000, ch. 314, sec. 1, p. 1057.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1509 - PUBLIC RECORDS.

48-1509. PUBLIC RECORDS. All documents submitted to the attorney general by any person, including nonprofit hospital entities giving notice under section 48-1503, Idaho Code, in connection with the attorney general’s review of the proposed nonprofit hospital conversion transaction pursuant to this chapter shall be deemed records contained in court files of judicial proceedings, as provided for in section 74-104(1)(b), Idaho Code, and shall only be subject to public disclosure, pursuant to a public document request, in the same manner as set forth in that section.
History:
[48-1509, added 2000, ch. 314, sec. 1, p. 1058; am. 2015, ch. 141, sec. 126, p. 474; am. 2023, ch. 210, sec. 5, p. 588.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1510 - PENALTIES — REMEDIES.

48-1510. PENALTIES — REMEDIES. (1) In his discretion, the attorney general may apply to the district court for an order voiding any nonprofit hospital conversion transaction entered into in violation of the notice and disclosure requirements of section 48-1503(1), Idaho Code. Each member of the governing boards and the chief executive officers of the parties to the nonprofit hospital conversion transaction may be subject to a civil penalty of up to ten thousand dollars ($10,000) for knowingly failing to notify the attorney general of the nonprofit hospital conversion transaction, or for violating the provisions of section 48-1511, Idaho Code, as applicable. The amount of any civil penalty shall be determined by the district court in the county in which the nonprofit hospital’s assets to be transferred are located. No such penalty may be imposed under this section merely because the attorney general files suit under section 48-1504, Idaho Code, or because the district court enters an order that the nonprofit hospital conversion transaction at issue is not in the charitable trust interest. The attorney general shall institute proceedings to impose such a penalty.
(2) Nothing in this chapter shall be construed to limit the common law authority of the attorney general regarding charitable trusts and charitable assets in this state. The provisions of this chapter are in addition to, and not a replacement for, any other actions which the attorney general may take under either the common law or statutory law, including rescinding the nonprofit hospital conversion transaction, granting injunctive relief or any combination of these and other remedies available under common law or statutory law.
History:
[48-1510, added 2000, ch. 314, sec. 1, p. 1058.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1511 - PRIVATE BENEFIT.

48-1511. PRIVATE BENEFIT. No person who is an officer, director, board member or other fiduciary of a nonprofit hospital shall receive anything of value, beyond ordinary compensation, that relates to a nonprofit hospital conversion transaction described in this act and is of such a character as to have the appearance of an improper influence on the person with respect to the person’s duties; provided however, that an officer or employee of the nonprofit hospital may accept a job with, perform duties for, and receive ordinary compensation from, the purchasing or converting entity. Any person who violates the provisions of this section shall, in addition to being subject to the provisions of section 48-1510, Idaho Code, forfeit the items of value received in violation of this section.
History:
[48-1511, added 2000, ch. 314, sec. 1, p. 1059.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 15 - IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT › Section 48-1512 - APPLICATION OF ACT.

48-1512. APPLICATION OF ACT. This act applies to all acquisitions, the consummation of which occurs after the effective date of this act.
History:
[48-1512, added 2000, ch. 314, sec. 1, p. 1059.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 16 - HEALTH-RELATED CASH DISCOUNT CARDS › Section 48-1601 - UNLAWFUL PRACTICES — EXCEPTIONS.

48-1601. UNLAWFUL PRACTICES — EXCEPTIONS. It shall be unlawful and a violation of this chapter for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where:
(1) Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2) Such discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or
(3) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.
(4) Nothing in this chapter shall be construed to apply to:
(a) A customer discount or membership card issued by a store or buying club for use at that store or buying club;
(b) A benefit administered by an insurer, a carrier or a managed care organization as defined in sections 41-103, 41-2212 and 41-3903, Idaho Code, respectively.
History:
[48-1601, added 2000, ch. 185, sec. 1, p. 455.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 16 - HEALTH-RELATED CASH DISCOUNT CARDS › Section 48-1602 - COURT ACTIONS UPON VIOLATION.

48-1602. COURT ACTIONS UPON VIOLATION. (1) The attorney general of the state of Idaho, any person, firm, private corporation, municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this chapter and for the recovery of damages.
(2) Any person subject to liability under this section shall be deemed, as a matter of law, to have purposefully availed himself of the privileges of conducting activities within Idaho, sufficient to subject the person to the personal jurisdiction of the district court hearing an action brought pursuant to this chapter.
(3) An action for violation of this section may be brought:
(a) In the county where the plaintiff resides;
(b) In the county where the plaintiff conducts business; or
(c) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.
(4) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof. It shall not be necessary, except to recover for actual damages under subsection (5) of this section, that actual damages to the plaintiff be alleged or proved.
(5) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant:
(a) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within the state of Idaho, or ten thousand dollars ($10,000), whichever is greater;
(b) Three (3) times the amount of the actual damages, if any sustained;
(c) Reasonable attorney’s fees;
(d) Costs; and
(e) Any other relief which the court deems proper.
(6) All actions under this section shall be commenced within two (2) years after the date on which the violation of this chapter occurred or within two (2) years after the person bringing the action discovered, or in the exercise of reasonable diligence, should have discovered, the occurrence of the violation of this chapter. The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant’s engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone commencement of the action.
(7) Any defendant in an action brought under the provisions of this chapter may be required to testify as provided by law. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.
(8) The remedies prescribed in this section are cumulative and in addition to any other remedies prescribed by law, and in addition to any other applicable criminal, civil or administrative penalties.
History:
[48-1602, added 2000, ch. 185, sec. 1, p. 455.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 16 - HEALTH-RELATED CASH DISCOUNT CARDS › Section 48-1603 - DESIGNATION OF AGENT.

48-1603. DESIGNATION OF AGENT. Any person who sells, markets, promotes, advertises or otherwise distributes any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts from health care providers in health-related purchases in Idaho, shall designate an agent who is a resident of Idaho, for service of process and register such agent with the secretary of state.
History:
[48-1603, added 2000, ch. 185, sec. 1, p. 456.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1701 - LEGISLATIVE FINDINGS AND INTENT.

48-1701. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds that:
(a) Idaho is striving to build an entrepreneurial and knowledge-based economy. Attracting and nurturing information technology (IT) and other knowledge-based companies are important parts of this effort and will be beneficial to Idaho’s future.
(b) Patents are essential to encouraging innovation, especially in the IT and knowledge-based fields. The protections afforded by the federal patent system create an incentive to invest in research and innovation, which spurs economic growth. Patent holders have every right to enforce their patents when they are valid and infringed, to solicit interest from prospective licensees and to initiate patent enforcement litigation as necessary to protect intellectual property.
(c) The legislature does not wish to interfere with the good faith enforcement of patents or good faith patent litigation. The legislature also recognizes that Idaho is preempted from passing any law that conflicts with federal patent law.
(d) Abusive patent litigation, and especially the assertion of bad faith infringement claims, can harm Idaho companies. A business that receives a letter or other communication asserting such claims faces the threat of expensive and protracted litigation and may feel that it has no choice but to settle and to pay a licensing fee, even if the claim is meritless.
(e) Not only do bad faith patent infringement claims impose a significant burden on individual Idaho businesses, they also undermine Idaho’s efforts to attract and nurture IT and other knowledge-based companies. Funds used to avoid the threat of bad faith litigation are no longer available to invest, produce new products, expand or hire new workers, thereby harming Idaho’s economy.
(2) Through this narrowly focused chapter, the legislature seeks to facilitate the efficient and prompt resolution of patent infringement claims, protect Idaho businesses from abusive and bad faith assertions of patent infringement and build Idaho’s economy, while at the same time carefully not interfering with legitimate patent enforcement actions.
History:
[48-1701, added 2014, ch. 277, sec. 1, p. 699.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1702 - DEFINITIONS.

48-1702. DEFINITIONS. As used in this chapter:
(1) "Demand letter" means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or any similar assertion.
(2) "Idaho person" means a person as defined in section 48-602, Idaho Code.
(3) "Target" means an Idaho person:
(a) Who has received a demand letter or against whom an assertion or allegation of patent infringement has been made;
(b) Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or
(c) Whose customers have received a demand letter asserting that the person’s product, service or technology has infringed a patent.
History:
[48-1702, added 2014, ch. 277, sec. 1, p. 700.]