reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1703 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT.

48-1703. BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT. (1) It is unlawful for a person to make a bad faith assertion of patent infringement in a demand letter, a complaint or any other communication.
(2) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:
(a) The person sends a demand letter to a target without first conducting an analysis comparing the claims in the patent to the target’s products, services or technology.
(b) The demand letter does not contain the following information:
(i) The patent number;
(ii) The name and address of the patent owner or owners and assignee or assignees, if any; and
(iii) The factual allegations concerning the specific areas in which the target’s products, services and technology infringe the patent or are covered by the claims in the patent.
(c) The demand letter does not identify specific areas in which the products, services and technology are covered by the claims in the patent.
(d) The demand letter demands payment of a license fee or response within an unreasonably short period of time.
(e) The person offers to license the patent for an amount that is not reasonably based on the value of a license to the patent.
(f) The person asserting a claim or allegation of patent infringement acts in subjective bad faith, or a reasonable actor in the person’s position would know or reasonably should know that such assertion is meritless.
(g) The claim or assertion of patent infringement is deceptive.
(h) The person or its subsidiaries or affiliates have previously filed or threatened to file one (1) or more lawsuits alleging patent infringement based on the same or similar claim, the person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless.
(i) Any other factor the court finds relevant.
(3) A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:
(a) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy.
(b) The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent.
(c) The person has:
(i) Demonstrated good faith in previous efforts to enforce the patent, or a substantially similar patent; or
(ii) Successfully enforced the patent, or a substantially similar patent, through litigation.
(d) Any other factor the court finds relevant.
(4) Any violation of the provisions of this chapter is an unlawful, unfair and deceptive act or practice in trade or commerce for the purpose of applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[48-1703, added 2014, ch. 277, sec. 1, p. 700.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1704 - PERSONAL JURISDICTION.

48-1704. PERSONAL JURISDICTION. Any person outside this state sending a demand letter to an Idaho person shall be deemed to be transacting business within this state within the meaning of section 5-514(a), Idaho Code, and shall thereby be subject to the jurisdiction of the courts of this state.
History:
[48-1704, added 2014, ch. 277, sec. 1, p. 701.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1705 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURTS.

48-1705. AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURTS. 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.
History:
[48-1705, added 2014, ch. 277, sec. 1, p. 701.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1706 - PRIVATE CAUSE OF ACTION, REMEDIES AND DAMAGES — LIMITATION OF ACTION.

48-1706. PRIVATE CAUSE OF ACTION, REMEDIES AND DAMAGES — LIMITATION OF ACTION. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, may bring an action in district court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:
(a) Equitable relief;
(b) Damages;
(c) Costs and fees, including reasonable attorney’s fees; and
(d) Exemplary damages in an amount equal to fifty thousand dollars ($50,000) or three (3) times the total of damages, costs and fees, whichever is greater.
(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 any other statute.
(3) No private action may be brought under the provisions of this chapter more than three (3) years after the cause of action accrues. 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. Each bad faith assertion of patent infringement constitutes a separate violation under this chapter.
History:
[48-1706, added 2014, ch. 277, sec. 1, p. 701.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1707 - BOND.

48-1707. BOND. Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target’s costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.
History:
[48-1707, added 2014, ch. 277, sec. 1, p. 701.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 17 - BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT › Section 48-1708 - EXEMPTIONS.

48-1708. EXEMPTIONS. A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) shall not be subject to the provisions of this chapter.
History:
[48-1708, added 2014, ch. 277, sec. 1, p. 702.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1801 - SHORT TITLE.

48-1801. SHORT TITLE. This chapter shall be known and may be cited as the "Residential Solar Energy System Disclosure Act."
History:
[48-1801, added 2019, ch. 267, sec. 1, p. 781.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1802 - DEFINITIONS.

48-1802. DEFINITIONS. As used in this chapter:
(1) "Consumer" means a person who, for primarily personal, family, or household purposes:
(a) Purchases a residential solar energy system under a solar agreement; or
(b) Leases a residential solar energy system under a system lease agreement.
(2) "Residential solar energy system" means a solar energy system that:
(a) Is installed on or in real property in the state of Idaho;
(b) Generates electricity primarily for on-site consumption for primarily personal, family, or household purposes; and
(c) Has an electricity delivery capacity that exceeds one (1) kilowatt.
(3) "Solar agreement" means a system purchase agreement or a system lease agreement.
(4) "Solar energy system" means a system or configuration of energy devices that collects and uses solar energy to generate electricity to be used by a consumer.
(5) "Solar retailer" means a person who:
(a) Sells or proposes to sell a residential solar energy system to a consumer under a system purchase agreement; or
(b) Owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement.
(6) "System lease agreement" means an agreement:
(a) Under which a consumer leases a residential solar energy system from a solar retailer; and
(b) That provides for the consumer to make payments over a term for the lease of the residential solar energy system.
(7) "System purchase agreement" means an agreement under which a consumer purchases a residential solar energy system, or the energy created from a residential solar energy system, from a solar retailer either outright or through installment payments.
History:
[48-1802, added 2019, ch. 267, sec. 1, p. 781.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1803 - APPLICABILITY.

48-1803. APPLICABILITY. (1) The provisions of this chapter shall apply to any solar agreement entered into on or after October 1, 2019, between a solar retailer and a consumer including, but not limited to, a solar agreement that accompanies the transfer of ownership or lease of real property.
(2) The provisions of this chapter shall not apply to:
(a) The transfer or rental of real property on which a residential solar energy system is, or is expected to be, located if the presence of the residential solar energy system is incidental to the transfer or rental;
(b) A lender, governmental entity, or other third party that enters into an agreement with a consumer to finance a residential solar energy system but is not a party to a system purchase agreement or lease agreement; or
(c) A sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system.
History:
[48-1803, added 2019, ch. 267, sec. 1, p. 782.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1804 - DISCLOSURE STATEMENT REQUIRED.

48-1804. DISCLOSURE STATEMENT REQUIRED. (1) Before entering a solar agreement, a solar retailer shall provide to a potential consumer a separate, written disclosure statement as provided in this section and, as applicable, the information required in sections 48-1805, 48-1806, and 48-1807, Idaho Code.
(a) The requirements of this subsection may be satisfied by the electronic delivery of a disclosure statement to the potential consumer.
(b) An electronic document delivered pursuant to paragraph (a) of this subsection shall satisfy the font size standard under subsection (2)(a) of this section if the required disclosures are displayed in a clear and conspicuous manner.
(2) A disclosure statement under subsection (1) of this section shall:
(a) Be in at least twelve (12) point font;
(b) Contain:
(i) The name, address, and telephone number or e-mail address of the potential consumer;
(ii) The name, address, telephone number, and e-mail address of the solar retailer;
(iii) The name, address, telephone number, e-mail address, and state contractor registration number of the person who is expected to install the system that is the subject of the solar agreement; and
(iv) If the solar retailer is the person who is expected to provide operations or maintenance support to the potential consumer or who introduced that person to the potential consumer, the name, address, telephone number, e-mail address, and any applicable state contractor registration number of the operations or maintenance support person; and
(c) Any applicable information and disclosures as required in sections 48-1805, 48-1806, and 48-1807, Idaho Code.
History:
[48-1804, added 2019, ch. 267, sec. 1, p. 782.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1806 - CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM PURCHASE AGREEMENT.

48-1806. CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM PURCHASE AGREEMENT. If a solar retailer is proposing to enter a system purchase agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include:
(1) A statement with substantially the following form and content: "You are entering an agreement to purchase an energy generation system. You will own the system installed on your property. You may be entitled to federal tax credits because of the purchase. You should consult your tax advisor.";
(2) The price quoted to the potential consumer for a non-financed purchase of the system;
(3) If the system purchase agreement is not an outright purchase and requires installment payments:
(a) The interest rate charged and a schedule of required and anticipated payments from the consumer to the solar retailer and any third parties over the term of the system purchase agreement, including application fees, up-front charges, down payment, scheduled payments under the system purchase agreement, payments at the end of the term of the system purchase agreement, payments for any operations or maintenance contract offered by or through the solar retailer in connection with the system purchase agreement, payments for replacement of system components likely to require replacement before the end of the term of the system purchase agreement, and any prepayment penalties; and
(b) A figure that reflects the total amount to be paid by the consumer pursuant to the charges set forth in paragraph (a) of this subsection;
(4) A statement indicating the charges associated with insuring the system against loss or a statement that loss insurance is not included within the schedule of payments under the system purchase agreement;
(5) A statement, if applicable, with substantially the following form and content: "You are responsible for obtaining insurance coverage for any loss or damage to the system. You should consult an insurance professional to understand how to protect against the risk of loss or damage to the system. You should also consult your home insurer about the potential impact of installing a system."; and
(6) Information disclosing whether the system purchase agreement is transferrable to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer.
History:
[48-1806, added 2019, ch. 267, sec. 1, p. 784.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1807 - CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM LEASE AGREEMENT.

48-1807. CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM LEASE AGREEMENT. If a solar retailer is proposing to enter a system lease agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include:
(1) A statement with substantially the following form and content: "You are entering an agreement to lease an energy generation system. You will lease (not own) the system installed on your property. You will not be entitled to any federal tax credit associated with the lease.";
(2) Information about whether the system lease agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer;
(3) If the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the consumer if there is damage or loss to the system; and
(4) Information about what will happen to the system at the end of the term of the system lease agreement.
History:
[48-1807, added 2019, ch. 267, sec. 1, p. 785.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1808 - GOOD FAITH ESTIMATE ALLOWED.

48-1808. GOOD FAITH ESTIMATE ALLOWED. A solar retailer that does not, at the time of providing a disclosure statement required in section 48-1804(1), Idaho Code, have information required under sections 48-1805(2)(a) and (b) and 48-1806(2),(3), and (4), Idaho Code, may make a good faith estimate of that information in the disclosure statement if the solar retailer clearly indicates that the information is an estimate and provides the basis for the estimate.
History:
[48-1808, added 2019, ch. 267, sec. 1, p. 785.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 18 - RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT › Section 48-1809 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.

48-1809. 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 court 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 fund and expended pursuant to section 48-606(5), Idaho Code.
(3) Nothing in this chapter shall be construed to affect:
(a) A remedy a consumer has independent of this chapter; or
(b) The attorney general’s ability or authority to enforce any other law or regulation.
History:
[48-1809, added 2019, ch. 267, sec. 1, p. 785.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1901 - SHORT TITLE.

48-1901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Charitable Assets Protection Act."
History:
[48-1901, added 2020, ch. 321, sec. 1, p. 921.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1902 - LEGISLATIVE FINDINGS AND INTENT.

48-1902. LEGISLATIVE FINDINGS AND INTENT. (1) The state of Idaho is home to thousands of charitable organizations that, collectively, hold billions of dollars in charitable assets. Charitable organizations have a legal duty to use their charitable assets according to the charitable purposes designated in their governing documents. The legislature is aware, however, that misuse or misappropriation of charitable assets occurs to the harm of the charitable purposes for which they were donated and the communities that were intended to be benefitted by the charitable donation.
(2) The attorney general, as the state of Idaho’s chief legal officer, has a legal duty to ensure that charitable assets are used for their intended purposes.
(3) The current law governing the attorney general’s authority over charitable organizations holding charitable assets does not adequately define the attorney general’s duties and enforcement authorities. Further, Idaho law has not effectively defined the attorney general’s authority to address a person’s unlawful misuse or misappropriation of charitable assets.
(4) Therefore, through this chapter, it is the legislature’s intent to:
(a) Define the attorney general’s duties to protect charitable assets from misuse or misappropriation and to provide the attorney general with the necessary authority and enforcement tools to protect charitable assets; and
(b) Provide a procedure for notifying the attorney general before certain charitable organizations dissolve, convert to a noncharitable organization, terminate, or otherwise dispose of their charitable assets.
(5) The provisions of this chapter are remedial and shall be construed and applied liberally to accomplish the purposes provided for in this section and to protect Idaho charitable assets.
History:
[48-1902, added 2020, ch. 321, sec. 1, p. 921.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1903 - DEFINITIONS.

48-1903. DEFINITIONS. As used in this chapter:
(1) "Accountable person" means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization.
(2) "Attorney general" means the attorney general of the state of Idaho or the attorney general’s designee.
(3) "Charitable asset" means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code.
(4) "Charitable organization" means a person who holds charitable assets regardless of the legal form.
(5) "Charitable purpose" means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community.
(6) "Person" has the same meaning as that term is defined in section 15-1-201(34), Idaho Code.
History:
[48-1903, added 2020, ch. 321, sec. 1, p. 922.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1904 - COURTS NOT IMPAIRED — CONFLICT OF LAWS.

48-1904. COURTS NOT IMPAIRED — CONFLICT OF LAWS. Nothing in this chapter shall impair the rights and powers of the courts of this state with respect to any charitable organization.
History:
[48-1904, added 2020, ch. 321, sec. 1, p. 922.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1905 - PERSONS EXCLUDED.

48-1905. PERSONS EXCLUDED. The provisions of this chapter shall not apply to:
(1) A state or federally chartered bank, savings bank, savings and loan association, thrift institution, trust company, or credit union; or
(2) An individual who is acting within the scope of his position and duties as a director, officer, executive, manager, or employee of a person described in subsection (1) of this section.
History:
[48-1905, added 2020, ch. 321, sec. 1, p. 922.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1906 - UNLAWFUL ACTS.

48-1906. UNLAWFUL ACTS. (1) It is unlawful for an accountable person or charitable organization to knowingly use, or allow to be used, the charitable organization’s charitable assets in a manner that is inconsistent with:
(a) Law applicable to the charitable asset;
(b) The restrictions contained in a gift instrument regarding the charitable assets; provided, however, that nothing in this section shall prevent a person from seeking a release or modifying the charitable purposes or restrictions contained in a gift instrument, pursuant to section 33-5006, Idaho Code, or other applicable Idaho law; or
(c) The charitable purpose of the charitable organization that holds the charitable asset.
(2) An accountable person is not liable under this section if the accountable person:
(a) Discharged his duties as an accountable person in compliance with the standards of conduct set forth in sections 30-30-618 and 30-30-623, Idaho Code, irrespective of whether the accountable person would otherwise be subject to the provisions of such sections;
(b) Acted in compliance with the applicable trust instrument and that trust instrument complies with Idaho law;
(c) Qualifies for immunity under section 6-1605, Idaho Code; or
(d) Acted in compliance with a court order regarding a matter for which the attorney general received timely notice as provided by applicable law, thereby providing the attorney general time to file any objection and be heard by the court regarding the matter.
History:
[48-1906, added 2020, ch. 321, sec. 1, p. 922.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1908 - INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL.

48-1908. INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL. Whenever the attorney general has reason to believe that an accountable person or charitable organization has violated or is violating the provisions of section 48-1906, 48-1907, or 48-1909, Idaho Code, the attorney general may:
(1) Serve investigative demands using the same procedures and in the same manner as described in section 48-611, Idaho Code;
(2) Issue subpoenas and conduct hearings using the same procedures and in the same manner as described in section 48-612, Idaho Code;
(3) Apply to the district court for compliance orders using the same procedures and in the same manner as described in section 48-614, Idaho Code; and
(4) Retain certified fraud examiners, accountants, appraisers, and other experts to assist the attorney general with the attorney general’s investigation.
History:
[48-1908, added 2020, ch. 321, sec. 1, p. 924.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1909 - VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL.

48-1909. VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL. (1) In lieu of initiating or continuing an investigation or action or proceeding under this chapter, the attorney general may accept an assurance of voluntary compliance or consent judgment from a person who the attorney general has reason to believe violated or is violating the provisions of section 48-1906 or 48-1907, Idaho Code.
(2) Such assurance of voluntary compliance or consent decree shall comply with the provisions of section 48-610, Idaho Code, for assurances of voluntary compliance and section 48-606(4), Idaho Code, for consent judgments and have the same effect as set forth in those provisions with the addition that such assurances of voluntary compliance and consent judgments may also include provisions that require the person signing the document to report to the attorney general concerning the charitable assets or charitable organization or to perform specific acts relating to the charitable organization.
(3) Matters closed pursuant to this section may at any time be reopened by the attorney general for further proceedings in the public interest pursuant to the procedures set forth in section 48-1910, Idaho Code.
History:
[48-1909, added 2020, ch. 321, sec. 1, p. 924.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1911 - SERVICE OF NOTICE.

48-1911. SERVICE OF NOTICE. Service of any notice, demand, or subpoena under this chapter shall be made pursuant to section 48-613, Idaho Code.
History:
[48-1911, added 2020, ch. 321, sec. 1, p. 926.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1912 - VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY.

48-1912. VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY. Any person who violates the terms of a consent judgment entered pursuant to section 48-1909, Idaho Code, or an injunction issued or an order or judgment entered pursuant to section 48-1910, Idaho Code, shall forfeit and pay to the state a civil penalty of no more than ten thousand dollars ($10,000) per violation, the amount of the penalty to be determined by the district court issuing such order, consent judgment, judgment, or injunction. For the purposes of this section, the district court issuing such order, consent judgment, judgment, or injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties.
History:
[48-1912, added 2020, ch. 321, sec. 1, p. 926.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1913 - PENALTIES AND FEES RECOVERED — DISPOSITION.

48-1913. PENALTIES AND FEES RECOVERED — DISPOSITION. Any civil penalties, costs, or attorney’s fees sued for and recovered by the attorney general under this chapter shall be remitted to the consumer protection fund created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general’s duties and activities under the provisions of this chapter, pursuant to legislative appropriation.
History:
[48-1913, added 2020, ch. 321, sec. 1, p. 926.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 19 - IDAHO CHARITABLE ASSETS PROTECTION ACT › Section 48-1914 - CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED.

48-1914. CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED. (1) Any charitable assets sued for and recovered by the attorney general under this chapter shall be conveyed:
(a) To the injured charitable organization to restore its misappropriated, lost, or diverted charitable assets; or
(b) To any charitable organization with a similar charitable purpose as that of the charitable organization from which the charitable assets were recovered, pursuant to a court-approved cy pres distribution.
(2) Any restitution sued for and recovered by the attorney general under this chapter shall be deposited and held in the state treasury until such time as the attorney general directs that payment be made to a person to reimburse for any actual damages he incurred as a direct result of a violation of this chapter.
History:
[48-1914, added 2020, ch. 321, sec. 1, p. 926.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2001 - SHORT TITLE.

48-2001. SHORT TITLE. This chapter shall be known and may be cited as the "Prohibition of Unfair Service Agreements Act."
History:
[48-2001, added 2023, ch. 242, sec. 1, p. 741.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2002 - DEFINITIONS.

48-2002. DEFINITIONS. As used in this chapter:
(1) "County recorder" means a county’s clerk of the district court, elected or appointed pursuant to article V of the constitution of the state of Idaho, who serves as ex officio recorder under article XVIII of the constitution of the state of Idaho or any other individual officially designated to serve in said capacity.
(2) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, business entities, and any other legal entity or any other group associated in fact although not a legal entity or any agent, assignee, heir, employee, representative, or servant thereof.
(3) "Record" or "recording" means placement of a document or instrument in the official county public land records.
(4) "Residential real property" means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units.
(5) "Service agreement" means a contract under which a person agrees to provide services in connection with the maintenance of or purchase or sale of residential real property.
(6) "Service provider" means an individual or entity that provides services to a person.
History:
[48-2002, added 2023, ch. 242, sec. 1, p. 741.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2003 - CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS.

48-2003. CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS. (1) A service agreement is unfair pursuant to this chapter if any part of the agreement provides an exclusive right to a service provider for a term in excess of one (1) year after the time it is entered into and has any of the following characteristics:
(a) The service agreement purports to run with the land or to be binding on future owners of interests in the real property;
(b) The service agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real property; or
(c) The service agreement is recorded or purports to create a lien, encumbrance, or other real property security interest.
(2) The following are not unfair service agreements pursuant to this chapter:
(a) A home warranty or similar product that covers the cost of maintenance of a major home system or appliance for a fixed period;
(b) An insurance contract;
(c) A mortgage loan or a commitment to make or receive a mortgage loan;
(d) An option or right of refusal to purchase the residential real property;
(e) A declaration of any covenants, conditions, or restrictions created in the formation of a homeowners association, a group of condominium owners, or other common interest community or an amendment thereto;
(f) A maintenance or service agreement entered by a homeowners association in a common interest community;
(g) A security agreement governed by Idaho’s uniform commercial code relating to the sale or rental of personal property or fixtures;
(h) A contract with a gas, water, sewer, electrical, telephone, cable, or other utility service provider; or
(i) A contract for the provision of water to real property for domestic, irrigation, or other purposes.
(3) This chapter does not impair any lien right granted pursuant to Idaho Code or judicially imposed.
History:
[48-2003, added 2023, ch. 242, sec. 1, p. 741.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2004 - RECORDING PROHIBITED — COUNTY RECORDER IMMUNITY.

48-2004. RECORDING PROHIBITED — COUNTY RECORDER IMMUNITY. (1) No person shall present or send to any county recorder for recording or cause to be recorded by said recorder an unfair service agreement or notice or memorandum thereof.
(2) In the event that a county recorder does record an unfair service agreement, the county recorder shall incur no liability for doing so.
(3) If an unfair service agreement is recorded, it shall not create a lien or provide constructive notice to any third party, bona fide purchaser, or creditor.
History:
[48-2004, added 2023, ch. 242, sec. 1, p. 742.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2005 - UNFAIR SERVICE AGREEMENTS UNENFORCEABLE.

48-2005. UNFAIR SERVICE AGREEMENTS UNENFORCEABLE. If a service agreement is unfair pursuant to this chapter, it is unenforceable, shall not create a contractual obligation or relationship, and attempting to enforce the same is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code. Any waiver of a consumer right, including a right to trial by jury, in an unfair service agreement is void.
History:
[48-2005, added 2023, ch. 242, sec. 1, p. 742.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2006 - SOLICITATION OF UNFAIR SERVICE AGREEMENTS.

48-2006. SOLICITATION OF UNFAIR SERVICE AGREEMENTS. Encouraging any consumer to enter into an unfair service agreement by any service provider constitutes an unfair method of competition and an unfair or deceptive act or practice under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[48-2006, added 2023, ch. 242, sec. 1, p. 742.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2007 - AUTHORITY OF THE ATTORNEY GENERAL AND THE DISTRICT COURTS.

48-2007. AUTHORITY OF THE ATTORNEY GENERAL AND THE DISTRICT COURTS. 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. Said authority shall be non-exclusive.
History:
[48-2007, added 2023, ch. 242, sec. 1, p. 742.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 20 - PROHIBITION OF UNFAIR SERVICE AGREEMENTS ACT › Section 48-2008 - REMEDIES.

48-2008. REMEDIES. (1) Any consumer that is party to an unfair service agreement related to residential real property or any person with an interest in the property that is the subject of that agreement may bring an action in district court in the county where the property is located to obtain a declaratory judgment that the agreement is unenforceable and to recover any other damages, costs, and attorney’s fees as may be proven.
(2) In the event that an unfair service agreement or a notice or memorandum thereof is recorded against any residential real property, any judgment obtained pursuant to this section, once certified by the clerk having custody thereof, may be recorded and indexed against the real property encumbered or clouded by the unfair service agreement.
(3) The remedies provided for in this chapter are not exclusive and shall not reduce any other rights or remedies a party may have in equity or in law.
(4) No private action may be brought pursuant to this chapter more than two (2) years after the expiration of the term printed in the unfair service agreement.
History:
[48-2008, added 2023, ch. 242, sec. 1, p. 743.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-101 - DEFINITIONS.

49-101. DEFINITIONS. Words and phrases used in this title are defined in sections 49-102 through 49-127, Idaho Code. Words used in the masculine gender include the feminine gender, and the singular number includes the plural, as well as the plural the singular.
History:
[49-101, added 1988, ch. 265, sec. 2, p. 550.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-103 - DEFINITIONS — B.

49-103. DEFINITIONS — B. (1) "Bicycle" means every vehicle propelled exclusively by human power upon which any person may ride, having two (2) tandem wheels, and except scooters and similar devices.
(2) "Board" means the Idaho transportation board.
(3) "Boat transporter" means any vehicle combination designed and used specifically to transport assembled boats and boat hulls.
(4) "Boot" means a device used by a towing company or other entity to temporarily immobilize or disable a motor vehicle for purposes of enforcing parking restrictions.
(5) "Broker" means a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale, but not resale, of a new vehicle, and who is not:
(a) A representative or an agent or employee of a representative;
(b) A distributor, agent or employee of a distributor; or
(c) At any point in the transaction, the owner of the vehicle involved in the transaction.
(6) "Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "bus" under the provisions of this title relating to equipment requirements, rules of the road, or registration.
(7) "Business district." (See "District", section 49-105, Idaho Code)
(8) "Buy." (See "Sell", "sold", and "purchase", section 49-120, Idaho Code)
History:
[49-103, added 1988, ch. 265, sec. 2, p. 552; am. 1989, ch. 408, sec. 1, p. 996; am. 1991, ch. 272, sec. 1, p. 686; am. 2018, ch. 324, sec. 2, p. 754.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-108 - DEFINITIONS — G.

49-108. DEFINITIONS — G. (1) "Good cause" means the failure of a dealer to comply with reasonable performance criteria established by a manufacturer, if the dealer was apprised by the manufacturer, in writing, of that failure; and
(a) The notification stated that notice was provided of failure of performance;
(b) The dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and
(c) The dealer did not demonstrate substantial progress toward compliance with the performance criteria of the manufacturer during the period.
(2) "Gross combination weight rating (GCWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon or registered weight rating whichever is greater. Towed units shall not include implements of husbandry. For the purposes of chapter 3, title 49, Idaho Code, "gross combined weight rating (GCWR) is as defined in 49 CFR part 383.
(3) "Gross vehicle weight rating (GVWR)" for the purposes of chapter 4, title 49, Idaho Code, means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or registered weight rating, whichever is greater. For the purposes of chapter 3, title 49, Idaho Code, "gross vehicle weight rating (GVWR) is as defined in 49 CFR part 383.
(4) "Gross weight" means the weight of a vehicle without load plus the weight of any load on that vehicle.
(5) "Group of vehicles" is one motor vehicle operated under its own motive power with one (1) motor vehicle in tow, or one or more motor vehicles in tow in saddlemount fashion, providing that saddlemounting meets the requirements prescribed by the United States department of transportation.
History:
[49-108, added 1988, ch. 265, sec. 2, p. 557; am. 1989, ch. 88, sec. 6, p.161; am. 1992, ch. 268, sec. 1, p. 829; am. 1998, ch. 110, sec. 7, p. 386.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-109 - DEFINITIONS — H.

49-109. DEFINITIONS — H. (1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) month period.
(2) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.
(3) "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.
(4) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.
(a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.
(b) Controlled-access. Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.
(c) Through. Any highway or portion of it on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic-control device.
History:
[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p. 78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489; am. 2019, ch. 213, sec. 6, p. 646.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-111 - DEFINITIONS — J.

49-111. DEFINITIONS — J. (1) "Judgment" means a decree which shall have become final by expiration without appeal by the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement or settlement for damages.
(2) "Jurisdiction" means and includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country and a state or province of a foreign country.
History:
[49-111, added 1988, ch. 265, sec. 2, p. 559.]
2023 Idaho Code › Title 49 - MOTOR VEHICLES › Chapter 1 - DEFINITIONS › Section 49-113 - DEFINITIONS — L.

49-113. DEFINITIONS — L. (1) "Laned highway" means a highway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
(2) "Lane of travel." (See "Traffic lane", section 49-121, Idaho Code)
(3) "Legal owner" means any person notated as "lienholder" of a vehicle, the notation appearing on the title records of the department and on the respective certificate of title.
(4) "License" or "license to operate a motor vehicle" means any driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(a) Any temporary license or instruction permit;
(b) Any nonresident’s operating privilege;
(c) Any special permit issued by the department.
(5) "Licensing authority" as used in chapter 20 of this title with reference to Idaho, means the department.
(6) "Lien" or "encumbrance" means every security interest in any vehicle other than security interests in vehicles held in inventory for sale.
(7) "Lienholder" means a person holding a security interest in a vehicle.
(8) "Light weight" or "unladen weight" means the scale weight of a vehicle equipped for operation, but without any cargo on it.
(9) "Limit line" or "stop line" means a solid white line extending across a highway indicating the point behind which vehicles are required to stop, which must conform to the manual and specifications adopted by the board pursuant to section 49-201, Idaho Code.
(10) "Local authorities" means every county, highway district, municipal and other local board or body having authority to enact regulations, resolution and/or ordinances relating to traffic on the highways, public rights-of-way and streets under their jurisdiction under the constitution and laws of this state.
History:
[49-113, added 1988, ch. 265, sec. 2, p. 560; am. 1989, ch. 88, sec. 7, p. 162; am. 1990, ch. 45, sec. 6, p, 80; am. 1992, ch. 115, sec. 2, p. 349; am. 1994, ch. 321, sec. 1, p. 1025; am. 1998, ch. 393, sec. 2, p. 1235.]