reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1606 - LEASES — PURPOSES FOR WHICH LAND USED.

47-1606. LEASES — PURPOSES FOR WHICH LAND USED. The state board of land commissioners shall have the right to lease state or school lands for grazing, agricultural, or other purposes, as may be otherwise provided by law, and to issue geothermal resource leases covering lands leased for grazing, agricultural, or other purposes, provided however, that the lessee under a geothermal resource lease issued under the provisions of this chapter shall have paramount right to the use of so much of the surface of the land as shall be necessary for the purposes of his lease and shall have the right to ingress and egress at all times during the term of such lease.
History:
[46-1606, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1607 - LEASES — ASSIGNMENT OR TRANSFER — RESTRICTIONS.

47-1607. LEASES — ASSIGNMENT OR TRANSFER — RESTRICTIONS. No geothermal resource lease, which shall be issued under the provisions of this chapter, shall be assignable or transferable except upon the written consent of the state board of land commissioners.
History:
[47-1607, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1608 - BONDING.

47-1608. BONDING. The board shall require the execution of good and sufficient bonds in amounts the board determines reasonable for reclamation and all damages to the land surface and improvements thereon, whether or not the lands have been sold or leased for any other purpose. These bonds shall not duplicate bonds for well closure held by the Idaho department of water resources.
History:
[47-1608, added 1972, ch. 182, sec. 1, p. 467; am. 1993, ch. 289, sec. 1, p. 1081; am. 2011, ch. 64, sec. 1, p. 138.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1609 - LEASES — CANCELLATION.

47-1609. LEASES — CANCELLATION. The state board of land commissioners shall reserve and may exercise the authority to cancel any geothermal resource lease upon failure by the lessee to exercise due diligence or care in the prosecution of his operations in accordance with the terms and conditions stated in such lease and with all laws of the state of Idaho, and shall insert in every such lease appropriate provisions for its cancellation by the board in the event of noncompliance upon the part of the lessee.
History:
[47-1609, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1610 - CONSTITUTIONAL REQUIREMENTS — COMPLIANCE.

47-1610. CONSTITUTIONAL REQUIREMENTS — COMPLIANCE. All grants and permissions under this act shall be executed as required by the Constitution of the state of Idaho, Article IV, Section 16.
History:
[47-1610, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 16 - GEOTHERMAL RESOURCES › Section 47-1611 - COOPERATIVE AGREEMENTS AND MODIFICATION OF LEASES AUTHORIZATION.

47-1611. COOPERATIVE AGREEMENTS AND MODIFICATION OF LEASES AUTHORIZATION. The state board of land commissioners is a person authorized to join on behalf of the state of Idaho in agreements for cooperative or unit plans of development or operation of the geothermal resources of geothermal resource areas involving state or school lands and to do all things necessary to make operative such plan or plans subject to any and all provisions of state and federal law; and for such purposes the board is hereby authorized with the consent of its lessees to modify and change any and all terms of leases issued by it to facilitate efficiency and resource conservation in geothermal resource operations on and from lands under its jurisdiction; provided however, that said board shall not use or contract to use funds under its control for the purpose of drilling or otherwise paying the cost of geothermal resource operations.
History:
[47-1611, added 1972, ch. 182, sec. 1, p. 467.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1701 - PURPOSE OF ACT.

47-1701. PURPOSE OF ACT. It is the purpose of this act to provide for the reclamation of abandoned mines on state and federal lands and on certain private lands, thereby protecting human health, safety and welfare, conserving natural resources, aiding in the protection of wildlife, aquatic resources, domestic animals, and reducing soil erosion.
History:
[47-1701, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 3, p. 105.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1702 - SHORT TITLE.

47-1702. SHORT TITLE. This act may be known and cited as the "Idaho Abandoned Mine Reclamation Act."
History:
[47-1702, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 4, p. 105.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1703 - FUNDING.

47-1703. FUNDING. This chapter shall govern the use of state and federal moneys specifically appropriated for abandoned mine reclamation. This chapter shall not require the state to expend or appropriate state moneys. The board may receive federal funds, state funds, and any other funds, and, within the limits imposed by a specific grant, expend them as directed by this chapter. All grants, funds, fees, fines, penalties and other uncleared money which has been or will be paid to the state for abandoned mine reclamation shall be placed in the state treasury and credited to the abandoned mine reclamation fund, which is hereby created. This fund shall be available to the board, by legislative appropriation, and shall be expended for the reclamation of lands affected by eligible mining operations.
History:
[47-1703, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 5, p. 106; am. 2006, ch. 37, sec. 2, p. 104.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1704 - DEFINITIONS.

47-1704. DEFINITIONS. (1) "Abandoned mine" means a mine deserted by the operator, having no regular maintenance, and not covered by a valid mining claim.
(2) "Affected land" means the land adjacent to an eligible mine that is, or may be, adversely affected by past mining operations.
(3) "Board" means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of such board.
(4) "Director" means the head of the department of lands or such officer as may lawfully succeed to the powers and duties of said director.
(5) "Eligible mine" means an abandoned mine located on land owned by the state or federal government or an abandoned mine located on private land when the owner of the private land has requested, and the board has granted, designation as an eligible mine.
(6) "Mine" means an area where valuable minerals were extracted from the earth and includes all associated development areas including, but not limited to, milling and processing areas, overburden disposal areas, stockpiles, roads, tailings ponds and other areas disturbed at the mining operation site.
(7) "Operator" means any person or persons, any partnership, limited partnership, or corporation, or any association of persons, either natural or artificial including, but not limited to, every public or governmental agency engaged in mining or mineral exploration operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors and shall mean every governmental agency owning or controlling the use of any mine when the mineral extracted is to be used by or for the benefit of such agency. It shall not include any governmental agency with respect to those mining or mineral exploration operations as to which it grants mineral leases or prospecting permits or similar contracts, but nothing herein shall relieve the operator acting pursuant to a mineral lease, prospecting permit or similar contract from the terms of this chapter.
(8) "Valuable mineral" shall have the same meaning as "valuable mineral" defined in section 47-1205, Idaho Code.
History:
[47-1704, added 1994, ch. 220, sec. 1, p. 703; am. 1999, ch. 44, sec. 6, p. 106.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1705 - RESPONSIBILITY OF STATE BOARD OF LAND COMMISSIONERS.

47-1705. RESPONSIBILITY OF STATE BOARD OF LAND COMMISSIONERS. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the duties vested in the board by this act.
History:
[47-1705, added 1994, ch. 220, sec. 1, p. 704.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1706 - DUTIES AND POWERS OF BOARD.

47-1706. DUTIES AND POWERS OF BOARD. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties:
(1) To reclaim any eligible mine and affected lands. Reclamation on federal lands shall be completed only upon consent of the federal agency responsible for the administration of those lands. Reclamation activities may include:
(a) The reclamation and restoration of abandoned surface mined areas;
(b) The reclamation of abandoned milling and processing areas;
(c) The sealing, filling, and grading of abandoned deep mine entries;
(d) The planting of land adversely affected by past mining to prevent erosion and sedimentation;
(e) The prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage;
(f) The control of surface subsidence due to abandoned deep mines; and
(g) Such other reclamation activities as may be necessary to accomplish the purposes of this act.
(2) To administer and enforce the provisions of this act and the rules and orders promulgated thereunder as provided in this act.
(3) To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations and training in carrying out the provisions of this act. In carrying out the activities authorized in this section, the board may enter into contracts with and make grants to institutions, agencies, organizations and individuals, and shall collect and make available any information obtained therefrom.
(4) To adopt and promulgate reasonable rules respecting the administration of this act and such rules as may be necessary to carry out the intent and purposes of this act. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67, Idaho Code.
(5) To enter upon eligible mines and affected lands at reasonable times, for inspection purposes and to determine whether the provisions of this act are being complied with. Inspections on private lands shall be conducted in the presence of the landowner or his duly authorized employees or representatives, or with written permission of the landowner.
History:
[47-1706, added 1994, ch. 220, sec. 1, p. 704.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1707 - PRIORITIES.

47-1707. PRIORITIES. Expenditure of funds from the abandoned mine reclamation account shall reflect the following priorities in the order stated:
(1) The protection of public health, safety, and general welfare from the adverse effects of past mining practices.
(2) The restoration of land and water resources previously degraded by the adverse effects of past mining practices.
History:
[47-1707, added 1994, ch. 220, sec. 1, p. 705; am. 1999, ch. 44, sec. 7, p. 107.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 17 - IDAHO ABANDONED MINE RECLAMATION ACT › Section 47-1708 - INTERAGENCY COORDINATION.

47-1708. INTERAGENCY COORDINATION. The board shall recognize other governmental, educational, and private organizations or agencies which have expertise and information regarding abandoned mines and affected lands. The board shall characterize, prioritize, and complete reclamation of eligible mines and affected lands in coordination with these agencies. In addition, the board may reasonably compensate them from the abandoned mine reclamation account for services that the board requests they provide.
History:
[47-1708, added 1994, ch. 220, sec. 1, p. 705; am. 1999, ch. 44, sec. 8, p. 107.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 18 - FINANCIAL ASSURANCE › Section 47-1801 - PURPOSE.

47-1801. PURPOSE. The purpose of this chapter is to provide an alternative form of performance bond or financial assurance for mining operations and mineral leases as required by the state board of land commissioners.
History:
[47-1801, added 2002, ch. 153, sec. 1, p. 448.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 18 - FINANCIAL ASSURANCE › Section 47-1802 - APPLICABILITY.

47-1802. APPLICABILITY. Mine operators who are working under the requirements of title 47, Idaho Code, may be required to provide alternative financial assurance, and if so required, shall provide such alternative financial assurance in accordance with the provisions of this chapter.
History:
[47-1802, added 2002, ch. 153, sec. 1, p. 448.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 18 - FINANCIAL ASSURANCE › Section 47-1803 - RECLAMATION FUND CREATED — FINANCIAL ASSURANCE.

47-1803. RECLAMATION FUND CREATED — FINANCIAL ASSURANCE. (1) The state treasurer shall be the custodian of an interest-bearing, dedicated fund known as the "Reclamation Fund" which is hereby created. The reclamation fund shall be funded by payments from applicable parties, interest and cost recoveries initiated by the state board of land commissioners. All payments, interest and cost recoveries shall be established by the state board of land commissioners.
(2) An operator’s commitment to reclaim affected lands and operator’s payments to the reclamation fund shall be documented on a department of lands form requiring that the operator shall faithfully perform the requirements of the approved plan and comply with all administrative rules and policy governing the operation.
(3) Moneys accruing to or received by the fund shall be expended by the department of lands, after approval by the state board of land commissioners and upon legislative appropriation, for reclamation of mines subject to the provisions of this chapter. Moneys in excess of those needed for reclamation liabilities shall be utilized, after approval of the state board of land commissioners, for mine administration, abandoned mine land reclamation or educational purposes. The state board of land commissioners shall adopt policy to determine an appropriate minimum balance to be maintained in the reclamation fund for reclamation liabilities.
History:
[47-1803, added 2002, ch. 153, sec. 1, p. 448.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 18 - FINANCIAL ASSURANCE › Section 47-1804 - COST RECOVERY.

47-1804. COST RECOVERY. If an operator fails to provide financial assurance as required by the provisions of this chapter, or has forfeited moneys from the reclamation fund and has not repaid those moneys, the state board of land commissioners shall be authorized to file liens against personal property and equipment of the operator to recover costs. The operator shall be liable for the actual cost of the required financial assurance, reclamation costs and administrative costs incurred by the department of lands.
History:
[47-1804, added 2002, ch. 153, sec. 1, p. 449.]
2023 Idaho Code › Title 47 - MINES AND MINING › Chapter 18 - FINANCIAL ASSURANCE › Section 47-1805 - OPERATIONS NOT APPROVED.

47-1805. OPERATIONS NOT APPROVED. The state board of land commissioners shall not approve any application for a reclamation plan, placer permit, mineral lease, or approve an amendment of any such document filed by a company, individual, corporate officer or operator who is not in compliance with applicable mining or leasing statutes or administrative rules, or who has forfeited reclamation funds and has not fully reimbursed the department of lands for the reclamation and administrative costs incurred by the state board of land commissioners, or who has not paid the required financial assurance.
History:
[47-1805, added 2002, ch. 153, sec. 1, p. 449.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-102 - LEGISLATIVE FINDINGS, PURPOSE, INTERPRETATION AND SCOPE OF CHAPTER.

48-102. LEGISLATIVE FINDINGS, PURPOSE, INTERPRETATION AND SCOPE OF CHAPTER. (1) The Idaho legislature finds that fair competition is fundamental to the free market system. The unrestrained interaction of competitive forces will yield the best allocation of Idaho’s economic resources, the lowest prices, the highest quality, and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic and social institutions.
(2) The purpose of this chapter is to maintain and promote economic competition in Idaho commerce, to provide the benefits of that competition to consumers and businesses in the state, and to establish efficient and economical procedures to accomplish these purposes and policies.
(3) The provisions of this chapter shall be construed in harmony with federal judicial interpretations of comparable federal antitrust statutes and consistent with this chapter’s purposes, as set forth in subsection (2) of this section.
(4) This chapter applies to conduct proscribed herein that affects Idaho commerce.
History:
[48-102, added 2000, ch. 148, sec. 3, p. 378.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-103 - DEFINITIONS.

48-103. DEFINITIONS. As used in this act:
(1) "Idaho commerce" means any economic activity occurring wholly or partly within the state of Idaho, or which affects economic activity within the state of Idaho.
(2) "Person" means any natural person, corporation, partnership, trust, association, or any other legal or commercial entity.
History:
[48-103, added 2000, ch. 148, sec. 3, p. 378.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-104 - UNREASONABLE RESTRAINT OF TRADE OR COMMERCE.

48-104. UNREASONABLE RESTRAINT OF TRADE OR COMMERCE. A contract, combination, or conspiracy between two (2) or more persons in unreasonable restraint of Idaho commerce is unlawful.
History:
[48-104, added 2000, ch. 148, sec. 3, p. 378.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-105 - MONOPOLIES.

48-105. MONOPOLIES. It is unlawful to monopolize, attempt to monopolize, or combine or conspire to monopolize any line of Idaho commerce.
History:
[48-105, added 2000, ch. 148, sec. 3, p. 378.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-106 - ACQUISITIONS THAT SUBSTANTIALLY LESSEN COMPETITION.

48-106. ACQUISITIONS THAT SUBSTANTIALLY LESSEN COMPETITION. (1) It is unlawful for a person to acquire, directly or indirectly, the whole or any part of the stock, share capital, or other equity interest or the whole or any part of the assets of, another person engaged in Idaho commerce, where the effect of such acquisition may be substantially to lessen competition or to tend to create a monopoly of any line of Idaho commerce.
(2) This section shall not apply to persons purchasing the stock or other equity interest of another person solely for investment and not using those assets by voting or otherwise to bring about, or attempt to bring about, the substantial lessening of competition. Nothing contained in this section shall prevent a person engaged in Idaho commerce from causing the formation of subsidiary corporations or other business organizations, or from owning and holding all or a part of the stock or equity interest of such subsidiary corporations or other business organizations.
History:
[48-106, added 2000, ch. 148, sec. 3, p. 378.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-107 - EXEMPT ACTIVITIES.

48-107. EXEMPT ACTIVITIES. (1) No provision of this chapter shall be construed to prohibit:
(a) Activities that are exempt from the operation of the federal antitrust laws.
(b) Activities required or affirmatively approved by any statute of this state or of the United States or by a regulatory agency of this state or of the United States duly acting under any constitutional or statutory authority vesting the agency with such power.
(c) Activities of a municipality or its officers or employees acting in an official capacity, to the extent that those activities are authorized or directed by state law.
(d) The existence of, or membership in, organizations instituted for the purpose of mutual help and not having capital stock or conducted for profit; nor shall the provisions of this act forbid or restrain individual members of such organizations from lawfully carrying out legitimate objectives of the organization.
(e) Activities of any labor organization, individual members of the labor organization, or group of labor organizations, of any employer or group of employers, or of any groups of employees, if these activities are directed predominantly to labor objectives which are permitted under the laws of this state or of the United States.
(2) Persons engaged in the production of agricultural products may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling and marketing the products of these persons, to the extent permitted under the laws of this state or of the United States. These associations may have marketing agencies in common and such associations and their members may make the necessary contracts and agreements to effect such purposes. However, such associations must conform to the requirements of chapter 26, title 22, Idaho Code, or alternatively satisfy the following requirements:
(a) Operate for the mutual benefit of the members thereof, as producers;
(b) Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and
(c) Conform to one (1) or both of the following:
(i) That no member of the association is allowed more than one (1) vote because of the amount of stock or membership capital he may own therein; or
(ii) That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.
History:
[48-107, added 2000, ch. 148, sec. 3, p. 379; am. 2011, ch. 244, sec. 1, p. 656.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-110 - FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR SUBPOENA.

48-110. FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR SUBPOENA. (1) If any person fails or refuses to obey any subpoena or civil investigative demand issued by the attorney general, the attorney general may, after notice, apply to the district court and, after a hearing, request an order ordering the person to comply with the subpoena or civil investigative demand issued by the attorney general.
(2) The court shall award the prevailing party reasonable expenses and attorney’s fees incurred in obtaining or resisting an order under this section if the court finds that the attorney general’s request for an order under this section or a person’s resistance to obeying any subpoena or investigative demand, was without a reasonable basis in fact or law.
(3) Disobedience of any order entered under the provisions of this section shall be treated as a violation of a court order, and subject the offending person to all penalties provided by law for violations of court orders, including the payment of civil penalties of not more than ten thousand dollars ($10,000).
History:
[48-110, added 2000, ch. 148, sec. 3, p. 382.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-111 - VIOLATION OF COURT ORDERS AND CONSENT DECREES — PENALTIES.

48-111. VIOLATION OF COURT ORDERS AND CONSENT DECREES — PENALTIES. Any person who violates the terms of a consent order entered into pursuant to section 48-108, Idaho Code, or any other judgment or final order entered into under the provisions of this chapter, shall forfeit and pay a civil penalty of not more than fifty thousand dollars ($50,000) for each violation, the amount of the penalty to be determined by the district court issuing the judgment or order, or approving the consent decree.
History:
[48-111, added 2000, ch. 148, sec. 3, p. 382.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-112 - ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED.

48-112. ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED. When the state prevails in any action brought under section 48-108, Idaho Code, the court shall award reasonable costs and attorney’s fees to the attorney general. In addition, the court may:
(1) Make orders or judgments as necessary to prevent the use or employment by a person of any act or practice declared unlawful by this act;
(2) Make orders or judgments as necessary to compensate persons for damages sustained or to provide for restitution to persons of money, property or other things received from persons in connection with a violation of this chapter;
(3) Appoint a receiver to oversee assets or order sequestration of assets whenever it appears that the defendant threatens or is about to remove, conceal or dispose of property to the damage of persons to whom restoration would be made under this section and assess the expenses of a master, receiver or escrow agent against the defendant; and
(4) Grant other appropriate relief.
History:
[48-112, added 2000, ch. 148, sec. 3, p. 383.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-113 - PRIVATE CAUSES OF ACTION.

48-113. PRIVATE CAUSES OF ACTION. (1) Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney’s fees. The court shall exclude from the amount of monetary relief awarded to a plaintiff under this section any amount which duplicates amounts allocable to any other actual or potential plaintiff including, without limitation, potential claims by the attorney general on behalf of indirect purchasers for the same conduct or injury.
(2) If the district court finds that the violation at issue constituted a per se violation of section 48-104, Idaho Code, or an intentional violation of section 48-105, Idaho Code, it shall increase the recovery to an amount not in excess of three (3) times the damages sustained.
History:
[48-113, added 2000, ch. 148, sec. 3, p. 383.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-114 - AWARDS TO THE ATTORNEY GENERAL — USE OF MONEYS.

48-114. AWARDS TO THE ATTORNEY GENERAL — USE OF MONEYS. All costs and fees recovered by the attorney general under the terms of this chapter shall be remitted to the consumer protection account. Such costs and fees deposited into the consumer protection account under this chapter shall be treated as interaccount receipts and may be expended pursuant to interaccount appropriation and shall be used for the furtherance of the attorney general’s duties and activities under this chapter. All penalties recovered under section 48-108(1)(d), 48-110 or 48-111, Idaho Code, or actual damages or restitution recovered under section 48-108(1)(c), Idaho Code, shall be remitted to the general fund.
History:
[48-114, added 2000, ch. 148, sec. 3, p. 383.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-115 - STATUTE OF LIMITATIONS.

48-115. STATUTE OF LIMITATIONS. (1) Any action brought by the attorney general pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues.
(2) Any other action brought pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues, or within one (1) year after the conclusion of an action brought by the state pursuant to this chapter based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.
(3) The foregoing statute of limitations shall be tolled during any period when the defendant in any action fraudulently concealed the events upon which the cause of action is based.
History:
[48-115, added 2000, ch. 148, sec. 3, p. 383.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-116 - ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COMMERCE.

48-116. ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COMMERCE. No action under this chapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.
History:
[48-116, added 2000, ch. 148, sec. 3, p. 384.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-117 - SERVICE OF NOTICE.

48-117. SERVICE OF NOTICE. Service of any notice, civil investigative demand, or subpoena under this chapter shall be made personally within this state, but if personal service cannot be obtained, substituted service may be made by mailing service by registered or certified mail to the last known place of business, residence, or abode of the person within or without this state.
History:
[48-117, added 2000, ch. 148, sec. 3, p. 384.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 1 - IDAHO COMPETITION ACT › Section 48-118 - VENUE.

48-118. VENUE. Any action, application, or motion brought by the attorney general against a person under this chapter may be filed in the district court of the county in which the person resides or has his principal place of business, or with consent of the parties, may be brought in the district court of Ada county. If the person does not reside in or have a principal place of business in this state, the pleading may be brought in any district court in this state.
History:
[48-118, added 2000, ch. 148, sec. 3, p. 384.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 2 - ANTI-PRICE DISCRIMINATION ACT › Section 48-201 - DEFINITIONS.

48-201. DEFINITIONS. The following terms for the purposes of this act are hereby defined as follows:
(a) "Person" means the plural as well as the singular and shall include an individual, partnership, association, a joint stock company, business trust and an incorporated as well as an unincorporated organization.
(b) The term "price" as used herein shall mean the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller.
(c) The term "commerce" means trade or commerce within this state.
History:
[48-201, added 1937, ch. 229, sec. 1, p. 406.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 2 - ANTI-PRICE DISCRIMINATION ACT › Section 48-203 - COOPERATIVE ASSOCIATIONS EXEMPT.

48-203. COOPERATIVE ASSOCIATIONS EXEMPT. Nothing in this act shall prevent a cooperative association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to, or through the association.
History:
[48-203, added 1937, ch. 229, sec. 3, p. 406.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 2 - ANTI-PRICE DISCRIMINATION ACT › Section 48-204 - RIGHTS OF PERSONS INJURED BY VIOLATIONS OF ACT.

48-204. RIGHTS OF PERSONS INJURED BY VIOLATIONS OF ACT. (a) Any person injured by any violation, or who will suffer injury from any threatened violation, of this act, may maintain an action, in any court of competent jurisdiction of this state, to prevent, restrain or enjoin such violation or threatened violation. If in such action, a violation or threatened violation of this act shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in said action shall be entitled to recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney’s fee.
(b) In the event no injunctive relief is sought or required, any person injured by any violation of this act, may maintain an action for damages alone in any court of competent jurisdiction in this state, and the measure of damages in such action shall be the same as that prescribed by subsection (a) of this section.
(c) In any proceedings instituted or action brought in pursuance of the provisions of subsections (a) and (b) of this section, the plaintiff, upon proof that he has been unlawfully discriminated against by the defendant, shall be conclusively presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and in addition thereto, may establish such further damages, if any, as he may have sustained as a result of such discrimination.
(d) Where a particular trade or industry of which the person, firm or corporation complained against is a member, has an established cost survey for the localities and vicinities in which the offense is committed, the said cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of this act.
(e) Any contract, express or implied, made by any person in violation of any of the provisions of this act, is declared to be an illegal contract and no recovery thereon shall be had.
History:
[48-204, added 1937, ch. 229, sec. 4, p. 406.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 2 - ANTI-PRICE DISCRIMINATION ACT › Section 48-205 - TITLE OF ACT.

48-205. TITLE OF ACT. This act shall be known and designated as the "Anti-Price Discrimination Act" and its inhibitions against discrimination shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of this act.
History:
[48-205, added 1937, ch. 229, sec. 5, p. 406.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 2 - ANTI-PRICE DISCRIMINATION ACT › Section 48-206 - SEPARABILITY.

48-206. SEPARABILITY. If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.
History:
[48-206, added 1937, ch. 229, sec. 6, p. 406.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-302 - LEGISLATIVE INTENT.

48-302. LEGISLATIVE INTENT. The Idaho legislature finds that medical billing practices have little visibility to Idaho citizens. As a result, consumers often find themselves in collection actions for debts they were unaware of, from health care providers whom they do not recognize. Once in collections, current Idaho law enables excessive attorney’s fees and fails to provide judges with clear guidance to combat abuses of the collections process. This chapter shall govern the fair collection of debts owed to health care providers.
History:
[48-302, added 2020, ch. 139, sec. 1, p. 426.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-306 - EXTRAORDINARY COLLECTION AFTER UNTIMELY NOTICE — LIMITATION.

48-306. EXTRAORDINARY COLLECTION AFTER UNTIMELY NOTICE — LIMITATION. If a party is unable to engage in an extraordinary collection action because the health care provider or health care facility failed to meet the timing requirements of section 48-304(1)(a) or (b), Idaho Code, but complies with such timing requirements within either an additional forty-five (45) days for failure to meet the timing requirements of section 48-304(1)(a), Idaho Code, or an additional one hundred eighty (180) days for failure to meet the timing requirements of section 48-304(1)(b), Idaho Code, then as long as all other requirements of section 48-304, Idaho Code, have been satisfied, such party may commence an extraordinary collection action. Notwithstanding any provision of law or agreement to the contrary, in any such collection action, the patient shall have no liability for costs, expenses, and fees, including attorney’s fees.
History:
[48-306, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 4, p. 848.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-307 - BURDEN OF PROOF.

48-307. BURDEN OF PROOF. Any person seeking to engage in an extraordinary collection action bears the burden of establishing that the requirements of sections 48-304 and 48-306, Idaho Code, if applicable, have been satisfied prior to engaging in any extraordinary collection action. Any party commencing a judicial action against a patient must plead with particularity its compliance with each requirement of sections 48-304 and 48-306, Idaho Code, as the case may be, and must specifically identify the name, group, and policy numbers of the third-party payor to which the health care provider submitted the charges in connection with the provision of goods or delivery of services, along with the date of each submission.
History:
[48-307, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 5, p. 849.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-308 - REBUTTABLE PRESUMPTION OF RECEIPT.

48-308. REBUTTABLE PRESUMPTION OF RECEIPT. A patient shall be presumed to have received a consolidated summary of services or a final notice before extraordinary collection action three (3) days after the document has been sent by first class mail to the patient’s address confirmed by the patient during the patient’s last visit to the health care provider or as updated by the patient in subsequent written or electronic communications. Nothing in this section shall be interpreted as precluding the patient from agreeing in writing to receive consolidated summaries of services or final notices before extraordinary collection action via email or other electronic means.
History:
[48-308, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 6, p. 849.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-309 - DELIVERY OF CONSOLIDATED SUMMARY OF SERVICES.

48-309. DELIVERY OF CONSOLIDATED SUMMARY OF SERVICES. Notwithstanding any provision of law to the contrary in this chapter, a health care facility is not required to send a consolidated summary of services to a patient prior to engaging in extraordinary collection action if:
(1) The patient will receive a final notice before extraordinary collection action from a single billing entity for all goods and services provided to the patient at that health care facility;
(2) The patient was clearly informed in writing of the name, phone number, and address of the billing entity; and
(3) The health care facility otherwise complies with all other provisions of section 48-304, Idaho Code.
History:
[48-309, added 2020, ch. 139, sec. 1, p. 430; am. 2022, ch. 263, sec. 7, p. 849.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-310 - CONTRACTED SERVICE.

48-310. CONTRACTED SERVICE. Nothing in this chapter prohibits a health care facility from authorizing a health care provider by contract to provide the consolidated summary of services required by section 48-304(1)(b), Idaho Code, on its behalf.
History:
[48-310, added 2020, ch. 139, sec. 1, p. 430; am. 2022, ch. 263, sec. 8, p. 849.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-311 - ENFORCEMENT AND CIVIL PENALTIES.

48-311. ENFORCEMENT AND CIVIL PENALTIES. If any party takes any extraordinary collection action other than in accordance with section 48-304 or 48-306, Idaho Code, then:
(1) Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to any party for any collection costs, expenses, and fees, including attorney’s fees and prejudgment and postjudgment interest;
(2) The party is liable to the patient in an amount equal to any actual damages sustained by the patient as a result of any failure to comply, or one thousand dollars ($1,000), whichever is greater; and
(3) Where a court finds a party has willfully or knowingly violated section 48-304 or 48-306, Idaho Code, the court may award up to three (3) times the amount of actual damages, or three thousand dollars ($3,000), whichever is greater. In any successful action to enforce the liability set forth in this section, the patient shall be entitled to the costs of the action, together with reasonable attorney’s fees, as determined by the court.
History:
[48-311, added 2020, ch. 139, sec. 1, p. 430.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-312 - NON-EXTRAORDINARY COLLECTION ACTIONS.

48-312. NON-EXTRAORDINARY COLLECTION ACTIONS. Nothing in this chapter shall be interpreted to restrict the ability of any person to demand and collect payment for the principal amount of any medical goods or services by means other than extraordinary collection action, as defined in section 48-303, Idaho Code.
History:
[48-312, added 2020, ch. 139, sec. 1, p. 430.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-313 - TIME EXTENSION FOR SERVICES PROVIDED PRIOR TO A CERTAIN DATE.

48-313. TIME EXTENSION FOR SERVICES PROVIDED PRIOR TO A CERTAIN DATE. For goods or services provided to a patient prior to July 1, 2021, a party may take extraordinary collection action pursuant to section 48-306, Idaho Code, even if such party fails to satisfy the additional forty-five (45) and ninety (90) day time periods prescribed in that section, as long as all of the other requirements of section 48-306, Idaho Code, have been satisfied.
History:
[48-313, added 2021, ch. 13, sec. 1, p. 32.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-314 - SEVERABILITY.

48-314. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[48-314, added 2022, ch. 263, sec. 9, p. 849.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 3 - IDAHO PATIENT ACT › Section 48-315 - LEGISLATIVE INTENT REGARDING APPLICABILITY.

48-315. LEGISLATIVE INTENT REGARDING APPLICABILITY. The legislature finds and affirms that the legislative intent of including the effective date of January 1, 2021, in the original enactment of this chapter by chapter 139, laws of 2020, was and is to apply the requirements of this chapter, including the limitations on costs, expenses, and fees, including attorney’s fees, set forth in section 48-305, Idaho Code, on any and all extraordinary collection actions commenced on or after January 1, 2021, regardless of the date of the provision of goods or delivery of services to a patient.
History:
[48-315, added 2022, ch. 263, sec. 10, p. 850.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-502 - REGISTRABILITY.

48-502. REGISTRABILITY. (1) In order to be registered, a mark must have some element of distinctiveness, arbitrariness or uniqueness, which may be inherent to the mark or acquired through extended usage and establishment of a reputation.
(2) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(a) Consists of or comprises immoral, deceptive or scandalous matter; or
(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or
(c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) Consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual’s written consent;
(e) Consists of a mark which: (i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or (ii) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (iii) is primarily merely a surname, provided however, that nothing in this subsection shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant’s goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(f) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
History:
[48-502, added 1996, ch. 404, sec. 2, p. 1338.]