reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 32 - Endowment Fund Investment Board › Rule 32.01.01 - RULES GOVERNING THE CREDIT ENHANCEMENT PROGRAM FOR SCHOOL DISTRICTS › Section 32.01.01.010 - DEFINITIONS AND REFERENCES

Current through August 31, 2023
01.
Administrative Fees
. Application Fees and Pass-through Fees charged to School Districts applying for and receiving guarantees under the Credit Enhancement Program. (3-25-22)
02.
Application Fee
. The amount determined by the EFIB and set forth in this chapter as the cost of reviewing applications to the Credit Enhancement Program and administering the Credit Enhancement Program. (3-25-22)
03.
Credit Enhancement Program
. The Credit Enhancement Program for School District Bonds established in Section  57-728, Idaho Code. (3-25-22)
04.
EFIB
. Endowment Fund Investment Board. (3-25-22)
05.
Endowments
. The trusts granted to the state of Idaho by the Idaho Admission Bill, 26 Statutory Laws 215, chapter 656 as amended. The Endowments include the Public School Endowment established by Idaho Admission Bill sections  4  and  13. (3-25-22)
06.
Guarantee Fee
. The amount determined by the EFIB and set forth in this chapter as the cost of guaranteeing a school bond under the Credit Enhancement Program. The cost of guaranteeing a school bond includes the difference in the investment return to the Public School Endowment projected by the EFIB to arise from the guarantee and additional costs to the Endowments arising from investment of the Public School Endowment in the Credit Enhancement Program. (3-25-22)
07.
Guaranty Program
. The Idaho School Bond Guaranty Program established in Title 33, Chapter 53, Idaho Code. (3-25-22)
08.
Pass-Through Fee
. A direct cost to the EFIB for reviewing an application to the Credit Enhancement Program or for issuing a note to pay a debt service payment under the Credit Enhancement Program. Direct costs include the costs billed to the EFIB by legal, accounting, and financial professionals. (3-25-22)
09.
School District
. As defined in Section  33-5302, Idaho Code. (3-25-22)
10.
Total Debt Service
. The total amount to be repaid to bond purchasers over the stated maturity of the School District bond (principal plus interest). (3-25-22)
Idaho Administrative Code › Title IDAPA 32 - Endowment Fund Investment Board › Rule 32.01.01 - RULES GOVERNING THE CREDIT ENHANCEMENT PROGRAM FOR SCHOOL DISTRICTS › Section 32.01.01.020 - APPLICATION

Current through August 31, 2023
01.
Required Materials
. School Districts must submit the following application materials to the EFIB: (3-25-22)
a. Correspondence from the Idaho State Treasurer certifying that the School District has been approved to participate in the Guaranty Program and setting forth the maximum credit enhancement amount available to the School District within the limitations set forth in Section  57-728(8), Idaho Code. (3-25-22)
b. A fully completed application form as prescribed by the EFIB from time to time executed by a party authorized to bind the School District. (3-25-22)
c. Copies of the complete audited financial statements of the School District prepared pursuant to Section  33-701, Idaho Code, for the preceding three (3) fiscal years and the adopted budget for the current fiscal year. (3-25-22)
d. Upon request of the EFIB, documentation substantiating the information set forth in materials submitted pursuant to Subsection  020.01  of these rules. (3-25-22)
Idaho Administrative Code › Title IDAPA 32 - Endowment Fund Investment Board › Rule 32.01.01 - RULES GOVERNING THE CREDIT ENHANCEMENT PROGRAM FOR SCHOOL DISTRICTS › Section 32.01.01.030 - FEES

Current through August 31, 2023
01.
Guarantee Fee
. School Districts must remit to the EFIB a one-time fee equal to two one-hundredths of one percent (0.02% or two basis points) of the Total Debt Service. School Districts must remit the Guarantee Fee to the EFIB within five (5) days of the sale of bonds guarantied by the Credit Enhancement Program. The EFIB will deposit the Guarantee Fee in the Public School Endowment. (3-25-22)
02.
Administrative Fees
. (3-25-22)
a. Application Fee. School Districts shall submit to the EFIB an Application Fee of five hundred dollars ($500). School Districts shall submit the Application Fee to the EFIB with the application materials. The EFIB will use Application Fees to pay costs of reviewing applications and administering the Credit Enhancement Program. At the conclusion of each fiscal year, the EFIB will deposit unexpended Application Fees in the Public School Endowment. (3-25-22)
b. Pass-through Fee. The EFIB may incur a Pass-through Fee related to the review of an application in its discretion. The EFIB will not invoice a School District for Pass-through Fees related to the review of an application without the prior written approval of the School District. The EFIB may incur a Pass-through Fee related to the issuance of a note without prior approval of the School District. The EFIB will invoice School Districts for the full amount of any Pass-through Fees related to the issuance of a note. School Districts shall remit each invoiced Pass-through Fee to the EFIB within thirty (30) days of invoice. The EFIB will use a Pass-through Fee to pay the direct costs to the EFIB under the Credit Enhancement Program giving rise to the fee. (3-25-22)
Idaho Administrative Code › Title IDAPA 32 - Endowment Fund Investment Board › Rule 32.01.01 - RULES GOVERNING THE CREDIT ENHANCEMENT PROGRAM FOR SCHOOL DISTRICTS › Section 32.01.01.040 - APPROVAL AND DENIAL OF APPLICATIONS

Current through August 31, 2023
01.
Review Periods
. The EFIB will provide written approval or denial of an application within twenty (20) days of the submission of all required materials. If the Board requests substantiating documentation, the EFIB will provide written approval or denial of the application within twenty (20) days of the submission of the substantiating documentation. (3-25-22)
02.
Delegation of Review and Approval
. The EFIB may delegate review of applications to EFIB staff or experts including legal, accounting, and financial professionals. The EFIB may delegate approval of applications to the EFIB's manager of investments. (3-25-22)
03.
Discretionary Investment
. The EFIB will invest in a School District bond issuance under the Credit Enhancement Program in its sole discretion and within its fiduciary responsibilities as trustees of the financial assets of the Endowments. The EFIB may deny an application for participation in the Credit Enhancement Program if the EFIB determines the investment is not in the best interests of one (1) or more of the Endowments. (3-25-22)
04.
Denial of Application for Unpaid Fees
. The EFIB may deny an application for participation in the Credit Enhancement Program if a School District has not paid a fee under a pending application or a prior guarantee issued by the Credit Enhancement Program. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is promulgated pursuant to Section  34-216, Idaho Code, and  42 U.S.C. Section 15512. Federal law requires the Secretary of State to establish an administrative complaint procedure to remedy grievances under the Help America Vote Act,  42 U.S.C. Section 15481, et seq. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.001 - SCOPE

Current through August 31, 2023
This chapter provides a uniform, nondiscriminatory procedure for the resolution of any complaint alleging a violation of any provision of Title III of the Help America Vote Act of 2002,  42 United States Code Sections 15481, et seq., including a violation that has occurred, is occurring, or is about to occur. The procedure set out in this chapter does not apply to an election recount under Sections  34-2301  et seq., Idaho Code, or to an election contest under Sections  34-2001  et seq., and 34-2101 et seq, Idaho Code. A Complainant who wishes to challenge the validity of any primary, general or special election, or to determine the validity of any ballot or vote must seek relief as otherwise provided by law. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.010 - DEFINITIONS

Current through August 31, 2023
In this chapter, the following terms have the meanings indicated. (3-31-22)
01.
Complainant
. Means the person who files a complaint with the Secretary of State under this rule; (3-31-22)
02.
Respondent
. Means any State or County election official whose actions are asserted, in a complaint under this subtitle, to be in violation of Title III; (3-31-22)
03.
Title III
. Means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at  42 United States Code Sections 15481 - 15485. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.012 - FORM OF COMPLAINT

Current through August 31, 2023
01.
Writing and Notarization
. A complaint shall be in writing and notarized, signed and sworn under oath by the Complainant. The complaint must identify the Complainant by name and mailing address. The complaint must identify the section of Title ill for which a violation is alleged. The complaint must set out a clear and concise description of the claimed violation that is sufficiently detailed to apprise both the Respondent and the hearing officer or arbitrator of the claimed violation. The complaint procedure is limited to allegations of violations of Title III in a federal election. (3-31-22)
02.
Prescribed or Other Form
. The Complainant may use: (3-31-22)
a. The form prescribed by the Idaho Secretary of State, which is available from the Idaho Secretary of State Election Division, or which may be downloaded from the Idaho Secretary of State Election Division's website at
http://www.sos.idaho.gov/
; or (3-31-22)
b. Any other form satisfying the requirements of Subsection  012.02.a. of this rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.013 - PLACE AND TIME FOR FILING, COPY FOR RESPONDENT

Current through August 31, 2023
01.
Place for Filing
. A complaint shall be filed with the Election Division, along with adequate proof of mailing or delivery of a copy of the complaint to each Respondent. (3-31-22)
02.
Time for Filing
. A complaint may be filed no later than ninety (90) days after the final certification of the federal election and at issue. A complaint may be filed anytime prior to an election. (3-31-22)
03.
Copy for Respondent
. The Complainant shall mail or deliver a copy of the complaint to each Respondent. (3-31-22)
04.
Rejection of Complaint
. The Election Division shall examine each complaint, and may reject it for filing if: (3-31-22)
a. It is not signed and notarized under oath; (3-31-22)
b. It does not identify the Complainant or include an adequate mailing address; (3-31-22)
c. Does not, on its face, allege a violation of Title III with regard to a federal election; or (3-31-22)
d. More than ninety (90) days have elapsed since the final certification of the federal election at issue. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.014 - PROCESSING OF COMPLAINT

Current through August 31, 2023
01.
Consolidation
. The Secretary of State may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact. (3-31-22)
02.
Preparing the Complaint for Determination
. The Secretary of State shall take all necessary steps to prepare the complaint for determination under these rules. In the course of preparing the complaint for determination, the Secretary of State shall allow a party to proceed with the assistance of an English language interpreter if the Complainant is unable to proceed without assistance of an interpreter. It is the responsibility of the party who needs an interpreter to secure the services of the interpreter. The Secretary of State, in coordination with the parties, shall establish a schedule under which the Complainant and Respondent may file written submissions concerning the complaint, and under which the complaint shall be finally determined. (3-31-22)
03.
Record
. (3-31-22)
a. The Secretary of State shall compile and maintain an official record in connection with each complaint under this rule; (3-31-22)
b. The official record shall contain: (3-31-22)
i. A copy of the complaint including any amendments made with the permission of the Secretary of State; (3-31-22)
ii. A copy of any written submission by the Complainant; (3-31-22)
iii. A copy of any written response by any Respondent or other interested person; (3-31-22)
iv. A written report of any investigation conducted by employees of the Secretary of State or Office of Attorney General who shall not be directly involved in the actions or events complained of, and shall not directly supervise or be directly supervised by any Respondent; (3-31-22)
v. Copies of all notices and correspondence to or from the Secretary of State in connection with the complaint; (3-31-22)
vi. Originals or copies of any tangible evidence produced at any hearing conducted under Section  015; (3-31-22)
vii. The original tape recording produced at any hearing conducted under Subsection  015.07  of these rules, and a copy of any transcript obtained by any board or other party; and (3-31-22)
viii. A copy of any final determination made under Sections  016  or  017. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.015 - HEARING

Current through August 31, 2023
01.
Hearing on the Record
. At the request of the Complainant, the Secretary of State shall conduct a hearing on the record. (3-31-22)
02.
Time Frame for Hearing
. The hearing shall be conducted no sooner than ten (10) days and no later than thirty (30) days after the Secretary of State receives the complaint. The Secretary of State shall give at least ten (10) business days' advance notice of the date, time, and place of the hearing: (3-31-22)
a. By mail, to the Complainant, each named Respondent, and any other interested person who has asked in writing to be advised of the hearing; (3-31-22)
b. On the Election Division web site; and (3-31-22)
c. By posting in a prominent place, available to the general public, at the offices of the Election Division; (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.016 - FINAL DETERMINATION

Current through August 31, 2023
01.
If No Hearing is Held
. If there has been no hearing under Section  015, the Secretary of State or his designee shall review the record and determine whether, under a preponderance of the evidence standard, a violation of Title III has been established. (3-31-22)
02.
Determination of Violation
. At the conclusion of any hearing under Section  015, the hearing officer shall determine, under a preponderance of the evidence standard, whether a violation of Title III has been established. (3-31-22)
03.
Form of Determination
. (3-31-22)
a. If the Secretary of State or his designee, whether acting as hearing officer or otherwise, determines that a violation has occurred, the Secretary of State shall provide the appropriate remedy. The remedy shall be directed to the improvement of processes or procedures governed by Title III. The remedy so provided may include an order to any Respondent, commanding the Respondent to take specified action, or prohibiting the Respondent from taking specified action, with respect to a past or future election; however, the remedy may not include an award of money damages or attorney's fees. The remedy may not include the denial of certification or the invalidation of any primary, general or special election, or a determination of the validity of any ballot or vote. Remedies addressing the certification of an election, the validity of an election, or of any ballot or vote may be obtained only as otherwise provided by law; (3-31-22)
b. If the complaint is not timely or not in proper form, or if the Secretary of State or his designee, whether acting as hearing officer or otherwise, determines that a violation has not occurred, or that there is not sufficient evidence to establish a violation, the Secretary of State shall dismiss the complaint; (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.02.02 - RULES GOVERNING COMPLAINT PROCESS UNDER THE HELP AMERICA VOTE ACT › Section 34.02.02.017 - ALTERNATE DISPUTE RESOLUTION

Current through August 31, 2023
If, for any reason, the Secretary of State or his designee does not render a final determination within ninety (90) days after the complaint was filed, or within any extension to which the Complainant consents, the complaint shall be resolved under this Section  017. (3-31-22)
01.
Time Frames for Choosing an Arbitrator
. On or before the fifth business day after a final determination by the Secretary of State was due, the Secretary of State shall designate in writing to the Complainant a list of names of arbitrators who may resolve the complaint. Within three (3) business days after the Complainant receives this designation, the Complainant and the Secretary of State shall arrange to choose an arbitrator from this list by striking names from the list until an arbitrator acceptable to both parties is chosen. Within three (3) business days after the parties strike names, the Secretary of State shall contact the arbitrator chosen and arrange for the hearing by the arbitrator. (3-31-22)
02.
Information the Arbitrator May Review
. The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence. In exceptional cases, the arbitrator may request that the parties present additional briefs or memoranda. (3-31-22)
03.
Resolution of Complaint
. The arbitrator shall determine the appropriate resolution of the complaint as set out in these rules. (3-31-22)
04.
Issuance of Written Resolution
. The arbitrator must issue a written resolution within sixty (60) days after the final determination of the Secretary of State was due under Section  016. This sixty (60) day period may not be extended. The final resolution of the arbitrator shall be transmitted to the Secretary of State and shall be the final resolution of the complaint. The final resolution shall be mailed to the Complainant, each Respondent, and any other interested person who has asked in writing to be advised of the final resolution. It shall be published on the Election Division website and made available on request to any interested person. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is promulgated pursuant to Chapter 66, Title 67, Idaho Code, specifically Sections  67-6603,  67-6607,  67-6608,  67-6610,  67-6611,  67-6612,  67-6614A,  67-6619,  67-6623, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.011 - FORMS

Current through August 31, 2023
01.
Form for Lobbyist Registration
. Pursuant to the authority of Section  23  of the Sunshine Law the official form for lobbyist registration as required by Section  17  is hereby adopted for use in reporting to the Secretary of State. This form shall be designated as "L-1" and shall be available online. The "L-1" form shall be accompanied by payment of a registration fee of ten dollars ($10). (3-31-22)
02.
Annual Report Form
. The official form for the lobbyist annual report as required by Section  67-6619, Idaho Code is hereby adopted for use in reporting to the Secretary of State. This form shall be designated as "L-2" and shall be available online. (3-31-22)
a. Expenditures to be reported are those made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer either directly or indirectly for lobbying purposes. The total expenditures shall be cumulative for the calendar year covered by the report. Expenditure categories shall include entertainment, food and refreshment, advertising, living accommodations, travel, telephone, and other expenses or services. (3-31-22)
b. The annual report shall include the name and address of the lobbyist and the name and address of the lobbyist's employer(s), and the subject matter or proposed legislation and the number of each senate or house bill, resolution, or other legislative activity which the lobbyist has been engaged in supporting or opposing during the reporting period; provided that in the case of appropriation bills the lobbyist shall enumerate the specific section or sections which he supported or opposed. (3-31-22)
c. The annual report shall be certified as a true, complete, and correct statement by the lobbyist and the lobbyist's employer(s). (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.012 - DATE OF RECEIPT

Current through August 31, 2023
When any application, report, statement, notice or any other document required to be filed by the provisions of Title 67, Chapter 66, Idaho Code has been deposited post paid in the United States mail properly addressed, it shall be deemed to have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.013 - EXPENDITURES OTHER THAN CONTRIBUTIONS

Current through August 31, 2023
01.
Reporting Periods
. Reporting periods for disclosing expenditures other than contributions. The reporting periods for the statements required by Section  67-6611, Idaho Code shall be as follows: (3-31-22)
a. The period covered by the Thirty (30) Day Post-Primary report shall be from the date of the first independent expenditure thru the twentieth (20th) day after the primary election. (3-31-22)
b. The period covered by the Thirty (30) Day Post-General report shall begin on the twenty-first day following the primary election and continue thru the twentieth (20th) day following the general election. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.014 - SOURCE OF CASH ON HAND

Current through August 31, 2023
Newly certified committees must disclose source of cash on hand. Political committees and candidates which have cash on hand at the time of certification (which the committee or candidate anticipates using in an election) shall disclose on their first report the source(s) of these funds, including the information required by Section  67-6612, Idaho Code. Disclosure shall consist of reporting to the Secretary of State the name and address of each person who has contributed more than fifty dollars ($50) to the committee in the current calendar year and the immediately preceding calendar year along with the aggregate amount contributed by each person. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.015 - ADVERTISING REGULATION EXEMPTION

Current through August 31, 2023
Items exempt from advertising regulation. Campaign buttons, bumper strips, pins, pens and similar small items upon which a disclaimer cannot be conveniently printed are not deemed to be regulated by the provisions of Section  67-6614A, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.03.01 - RULES IMPLEMENTING THE SUNSHINE LAW › Section 34.03.01.016 - COMMUNITY PROPERTY CONTRIBUTIONS

Current through August 31, 2023
01.
Contributions of Community Property -- How Treated
. A contribution of community property shall be deemed to be given one-half (1/2) by each spouse. To be treated as community property the contribution must be specifically identified a such. Moneys contributed from a joint account of husband and wife shall be deemed to be received one-half (1/2) from each spouse only if both spouses have signed the check. The following are examples of contributions: (3-31-22)
a. Husband contributes sixty dollars ($60) by personal check to political treasurer X out of community funds. There is no specific designation that such sixty dollars ($60) contribution is community property. X must treat the entire sixty dollars ($60) contribution as coming from husband. (3-31-22)
b. Husband contributes by personal check sixty dollars ($60) to a political treasurer X out of community funds. Accompanying such contribution is a statement certifying that such contribution is from the community funds of husband and wife. X must report husband and wife as each contributing thirty dollars ($30). (3-31-22)
c. Wife contributes sixty dollars ($60) to political treasurer X by personal check drawn on the joint account of husband and wife. Wife is the only spouse to sign the check. X must report the entire sixty dollars ($60) as being contributed by wife. (3-31-22)
d. Husband and wife contribute sixty dollars ($60) to political treasurer X by a check drawn on their joint account both husband and wife have signed the check. X should report husband and wife as each contributing thirty dollars ($30). (3-31-22)
e. Assuming that after contributing as in the example in Subsection  016.01.d., husband contributes separately another twenty-five dollars ($25) X should report husband aggregate total as fifty-five dollars ($55) and pursuant to Section  67-6610  must list husband's name and address on the campaign financial disclosure report. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Section  67-903(9), Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the office. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.001 - SCOPE

Current through August 31, 2023
These rules apply to business entity name registration and business entity name reservation as provided for in Title 30, Chapters 21, 22, 23, 24, 25, 27, 29, and 30, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.010 - DEFINITIONS

Current through August 31, 2023
01.
Arabic Numerals
. 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9. (3-31-22)
02.
Business Entity
. A formally organized or registered entity created pursuant to state or federal law and usually designated through the use of a business entity identifier. (3-31-22)
03.
Business Entity Identifiers
. Company, Corporation, Incorporated, Limited, Chartered, Professional Association, Professional Company, Limited Liability Company, Limited Liability Partnership, Professional Limited Liability Company, Limited Partnership, Limited Liability Limited Partnership, Registered Limited Liability Partnership, and the abbreviations, Co., Corp., Inc., Ltd., P.A., P.C., Chtd., L.L.C., L.L.P., P.L.L.C., L.P., R.L.L.P., and L.L.L.P. (3-31-22)
04.
English Alphabet
. Letters A through Z. (3-31-22)
05.
Internet Prefix
. Internet prefixes include "www" and any other Internet prefix used to identify a website. (3-31-22)
06.
Internet Suffix
. Internet suffixes include .com, .org, .net, .gov, .edu, .coop, and any other Internet suffixes approved by the Internet Corporation for Assigned Names and Numbers (ICANN). (3-31-22)
07.
Key Word
. Any word that is not an article, preposition, conjunction, or Business Entity Identifier. (3-31-22)
08.
Special Characters
. Any special characters, such as ! " $ % ( ) * @ ? +, and -, that are readily available on a standard English language keyboard. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.100 - GENERAL INFORMATION

Current through August 31, 2023
01.
Determination by Secretary of State
. The Secretary of State shall determine whether a proposed business entity name is distinguishable on the records of the Secretary of State from the names of existing business entities by comparing the proposed business entity name to the names of existing business entity names. (3-31-22)
02.
Existing Business Entity Names Considered
. The names of business entities in good standing or business entities which have been administratively dissolved for less than six (6) months will be considered in determining whether a proposed business entity name is distinguishable on the records of the Secretary of State from existing business entity names. (3-31-22)
03.
Alphabet Names
. Where a name or a unit of a name consists of initials only or letters of the alphabet, the combination of initials will be considered as one (1) word for the purpose of determining if the business entity name is distinguishable.
EXAMPLE: The "words" AA - AAA - AAAA - A & B - AAB - AAC are different words and are distinguishable from one another. (3-31-22)
04.
Characters in Business Entity Names
. Business entity names shall consist of letters of the English Alphabet, Arabic Numerals, or Special Characters. (3-31-22)
05.
Foreign Words
. Although business entity names may include words in a foreign language, such words will not be translated for the purpose of determining if a business entity name is distinguishable. (3-31-22)
06.
Grossly Offensive Name
. The business entity name may not be one that is deemed to be grossly offensive. (3-31-22)
07.
Internet Prefixes and Suffixes
. Internet prefixes and suffixes shall not give any special weight or inference to the business entity name, nor shall they be interpreted for meaning or intent. (3-31-22)
08.
False Implication of Government Affiliation
. The corporate name may not be one that might falsely imply governmental affiliation. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.200 - NOT DISTINGUISHABLE ON THE RECORD

Current through August 31, 2023
The following do not make a name distinguishable on the record: (3-31-22)
01.
Abbreviations
. The abbreviation of a word or Special Character is considered the equivalent of the complete word or Special Character.
EXAMPLE: DOE BROTHERS, LLC is not distinguishable from DOE BROS., LLC. (3-31-22)
02.
Business Entity Identifiers
. The addition, removal, or alteration of Business Entity Identifiers and their applicable abbreviations.
EXAMPLE: DOE BROTHERS CORPORATION is not distinguishable from DOE BROTHERS, INC. (3-31-22)
03.
Numbers
. The use of a word or Roman numeral for a number instead of the Arabic Numeral.
EXAMPLE: FOUR TURTLES, LLC is not distinguishable from 4 TURTLES, LLC, nor is it distinguishable from IV TURTLES, LLC. (3-31-22)
04.
Other Words
. The presence or absence of an article, preposition, conjunction, or pronoun.
EXAMPLE: THE DOE BROTHERS, LLC is not distinguishable from DOE BROTHERS, LLC. (3-31-22)
05.
Punctuation
. Differences in punctuation.
EXAMPLE: U.S.A. STEEL, LLC is not distinguishable from USA STEEL, LLC.
EXAMPLE: PROWIDGETS.COM is not distinguishable from PRO.WIDGETS.COM. (3-31-22)
06.
Spaces
. Spaces, or the absence of spaces.
EXAMPLE: USA STEEL, LLC is not distinguishable from USASTEEL, LLC. (3-31-22)
07.
Special Characters
. Differences created by use of Special Characters.
EXAMPLE: AMERICAN PISTOLS, LLC is not distinguishable from AMER!CAN P!$TOL$, LLC. (3-31-22)
08.
The Letter "S"
. The addition or removal of the letter "s" to make a word singular, plural, or possessive.
EXAMPLE: GOLDEN APPLE, LLC is not distinguishable from GOLDEN APPLES, LLC. (3-31-22)
09.
Typeface, Font, or Case
. The use of a different typeface, font, or case.
EXAMPLE: SISTERS' DINER is not distinguishable from Sisters' Diner. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.300 - DISTINGUISHABLE ON THE RECORD

Current through August 31, 2023
01.
Key Word Difference
. If one (1) of the Key Words is different, the name is distinguishable.
EXAMPLE: WIDGET WONDER, LLC is distinguishable from WIDGET ELITE, LLC. (3-31-22)
02.
Key Word Order
. If the Key Words are in a different order, the name is distinguishable.
EXAMPLE: WIDGET WONDER, LLC is distinguishable from WONDER WIDGET, LLC. (3-31-22)
03.
Key Word Addition or Deletion
. The addition or deletion of one (1) or more Key Words shall make a name distinguishable.
EXAMPLE: AMAZING WONDER WIDGET, INC. is distinguishable from WONDER WIDGET, INC. (3-31-22)
04.
Difference in Meaning
. If the Key Words are significantly different in meaning, and the Key Words are not identical, the name may be distinguishable.
EXAMPLE: CAPITAL WIDGET, LLC is distinguishable from CAPITOL WIDGET, LLC. (3-31-22)
05.
Internet Prefix and Suffix Addition or Deletion
. The addition or deletion of an Internet prefix or suffix shall make a name distinguishable.
EXAMPLE: PRECISE WIDGETS, LLC is distinguishable from PRECISEWIDGETS.COM, LLC which is distinguishable from PRECISEWIDGETS.NET.
EXAMPLE:
WWW.PROWIDGETS.COM
is distinguishable from PRO.WIDGETS.COM. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.400 - MATTERS NOT CONSIDERED

Current through August 31, 2023
When determining whether a business entity name is distinguishable on the records of the Secretary of State from another business entity name, the following are among the matters not considered: (3-31-22)
01.
Purpose
. Whether the purpose of the proposed business entity is the same as or similar to the purpose of an existing business entity. (3-31-22)
02.
Location
. Whether the business entities will be carrying out activities in the same or nearby locations. (3-31-22)
03.
Prior Actions
. Whether an analogous situation has previously been acted on by the Secretary of State. (3-31-22)
04.
Activity
. Whether an existing business entity is actively engaged in business, or has a telephone listing, or a location of a place of business. (3-31-22)
05.
Intent
. Whether an existing business entity is about to change its name or be dissolved or merged out of existence. (3-31-22)
06.
Reliance
. Whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope or belief that the proposed name would be available. (3-31-22)
07.
Influence
. Whether the applicant is more or less important, extensive, widely known, or influential than an existing business entity. (3-31-22)
08.
Common Law
. Whether infringement or unfair trade practice has occurred or might occur. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.04.02 - RULES GOVERNING BUSINESS ENTITY NAMES › Section 34.04.02.401 - CORPORATE RESERVATION RENEWAL TERMS

Current through August 31, 2023
A corporate name reservation may be renewed at or after the expiration of any four (4) month reservation period by filing a new name reservation in writing, along with the required fee; provided that at the end of any such reservation period there is not on file in the office of the Secretary of State a competing name reservation which is to take effect at the expiration of the existing reservation. Competing reservations will have priority in order of receipt. (3-31-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections  67-903(9),  28-9-523(g), and  28-9-524, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office of the Secretary of State. This authority includes rules to implement and maintain the USDA certified Idaho Central Filing System, in accordance with P.L. 99-198, Section 1324 of the Federal Food Security Act (1985) and Title 9, CFR Part 205 (2010). (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.001 - SCOPE

Current through August 31, 2023
These rules govern the requirements for the filing of Farm Products Financing Statements, for the filing of amendments to Farm Products Financing Statements, and for the compilation and distribution of a master list of Farm Products Financing Statements, and portions of the master list. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.010 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Section  28-9-102, Idaho Code, apply with full force and effect to all provisions and sections of these rules. Where terms used in this rule are not explicitly or completely defined herein, definitions and usage of terms from the Legal Authority in Section  000  of these rules are applicable. (3-25-22)
01.
Crop Year
. (3-25-22)
a. For a plant or plant product, the calendar year in which it is harvested or to be harvested. (3-25-22)
b. For mammals, the calendar year in which they are born or acquired. (3-25-22)
c. For bees and worms, the calendar year in which they are alive in adult form. (3-25-22)
d. For poultry and the products of mammals, poultry, and bees (i.e., milk, eggs, and honey), the calendar year in which they are sold or to be sold. (3-25-22)
e. For fish and other aquaculture, the calendar year in which they are harvested or to be harvested. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.011 - ABBREVIATIONS

Current through August 31, 2023
Where abbreviations used in these rules are not explicitly or completely defined herein, definitions and usage of abbreviations from the Legal Authority in Section  000  of these rules are applicable. (3-25-22)
01.
ML
. A master list, which covers Farm Products Financing Statements relating to a particular farm product or group of farm products. (3-25-22)
02.
SOS
. Idaho Secretary of State. (3-25-22)
03.
USDA
. United States Department of Agriculture. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.020 - UNIQUE IDENTIFIER NUMBER (UIN)

Current through August 31, 2023
01.
UIN System
. The Secretary of State's Office will use a UIN system that has been approved and certified by the USDA for the Idaho Central Filing System in place of the former use of complete social security numbers as a means of debtor identification. (3-25-22)
02.
Social Security Numbers and Tax Identification Numbers
. With the use of UINs, as approved by the USDA, the SOS will no longer require or accept social security numbers or tax identification numbers, in total, on Farm Products Financing Statements. Only the last four (4) digits shall be required and used. The SOS will not provide social security numbers or tax identification numbers, in total, to any person or business entity, in any format, from Farm Products Financing Statements. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.100 - FARM PRODUCTS FINANCING STATEMENT REQUIREMENTS

Current through August 31, 2023
01.
Form
. A Farm Products Financing Statement must meet the requirements of Section  28-9-502, Idaho Code, and must be filed on SOS form "UCC-1F." (3-25-22)
02.
Completion of Form
. Form UCC-1F must be completed in accordance with instructions provided by the SOS. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.101 - AMENDMENT, ASSIGNMENT, CONTINUATION, AND TERMINATION OF A FARM PRODUCTS FINANCING STATEMENT

Current through August 31, 2023
01.
Form
. An amendment, assignment, or continuation of a Farm Products Financing Statement must be filed on SOS form "UCC-3F." (3-25-22)
02.
Completion of Form
. Form UCC-3F must be completed in accordance with instructions provided by the SOS. (3-25-22)
03.
Termination
. Termination of a Farm Products Financing Statement will be done either by the secured party's signature on the termination signature line on the original of the UCC-1F or by checking the termination box on the UCC-3F. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.201 - REGISTRATION OF BUYERS, COMMISSION MERCHANTS, AND SELLING AGENTS - SUBSCRIPTION TO THE ML

Current through August 31, 2023
01.
Form
. Registration of buyers, commission merchants, and selling agents must be on the SOS "Subscription Application/Renewal" form. (3-25-22)
02.
Duration
. Registration is effective for a period of one (1) year. Renewal of registration may be filed at any time after ninety (90) days prior to expiration of a current registration period. (3-25-22)
03.
Initial Subscription
. Subscriptions to the ML may be made at any time. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.300 - FORM AND DISTRIBUTION OF A ML AND CS

Current through August 31, 2023
01.
Content of List
. Each ML includes data from all Farm Products Financing Statements which cover all ML Groupings. (3-25-22)
02.
ML Publication Dates
. Each ML is published in complete form on the first regularly scheduled biweekly publication date in each calendar quarter. A ML may at other times be published in complete form at the discretion of the SOS. (3-25-22)
03.
Cut-Off
. In order to be included on a ML or CS, a Farm Products Financing Statement must be received by the SOS at least one (1) business day prior to publication. (3-25-22)
04.
Schedule
. At the beginning of each calendar quarter, the SOS will make available a schedule of proposed publication dates for that calendar quarter. The SOS may, for good cause, deviate from the schedule, but every ML will be clearly marked with the actual date of publication. In no case will there be more than eighteen (18) days between publications of the ML. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.301 - REQUESTS FOR INFORMATION

Current through August 31, 2023
Requests for information on Farm Products Financing Statements will comply with IDAPA 34.05.03, "Rules Governing Requests For Information -- Form UCC-4 -- Fees." (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.01 - RULES GOVERNING FARM PRODUCTS CENTRAL FILING SYSTEM › Section 34.05.01.302 - FEES

Current through August 31, 2023
01.
Farm Products Financing Statement
. Farm Products Financing Statement and changes thereto (UCC-1F and UCC-3F). (3-25-22)
a. The fee for filing either a UCC-1F or a UCC-3F is provided in IDAPA 34.05.06, "Administrative Rules Governing Lien Filings Under the UCC - Farm Product Liens," Section  606. (3-25-22)
b. There is no charge for filing a complete termination of a Farm Products Financing Statement. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections  67-903(9),  45-313(3), and  45-316, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office of the Secretary of State. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.001 - SCOPE

Current through August 31, 2023
These rules govern the requirements for the filing, amendment, or termination of liens in crops for seed or liens in crops for farm labor, as well as the creation and distribution of a master list of liens in crops for seed or liens in crops for farm labor. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.010 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Section  45-302, Idaho Code, and the following terms apply to these rules. (3-25-22)
01.
Family
. A group of related persons living together as one economic unit, comprised of parents and children, including step-children. (3-25-22)
02.
Farm Laborer
. Anyone who provides farm labor used in the production of crops. When a business entity contracts for and provides such labor, e.g., aerial spraying or custom harvesting, the entity and not its individual employees shall be deemed to be the farm laborer. When individuals provide such labor directly to a producer, each individual is a farm laborer, whether or not they have been organized as a work crew or are members of a family which works as a unit. (3-25-22)
03.
Notice of Claim of Lien
. A written notice on the public record of a claimant's lien in the crops of a producer. (3-25-22)
04.
SOS
. Idaho Secretary of State. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.100 - REQUIREMENTS FOR NOTICE OF CLAIM OF LIEN

Current through August 31, 2023
01.
Form
. The form for a notice of claim of lien shall be designated "SL-1" and must be completed in accordance with instructions provided by the SOS. (3-25-22)
a. Collateral information codes assigned by the SOS shall be used to indicate the crop and the county where the crop is grown. The SOS will provide a list of the established codes upon request. (3-25-22)
Idaho Administrative Code › Title IDAPA 34 - Secretary of State › Rule 34.05.02 - RULES GOVERNING LIENS IN CROPS FOR SEED OR LIENS IN CROPS FOR FARM LABOR › Section 34.05.02.101 - AMENDMENT, ASSIGNMENT, EXTENSION, AND RELEASE OF CLAIM OF LIEN

Current through August 31, 2023
01.
Form
. The form for amendment, assignment, extension, and release of claim of lien is designated "SL-3" and must be completed in accordance with instructions provided by the SOS. (3-25-22)
a. Collateral information codes assigned by the SOS shall be used to indicate the crop and the county where the crop is grown. The SOS will provide a list of the established codes upon request. (3-25-22)