Sections
Chapter 1 Executions 11-101 – 11-108
Chapter 2 Property Subject to Execution — Exemptions 11-201 – 11-207
Chapter 3 Levy and Sale Under Execution 11-301 – 11-313
Chapter 4 Redemptions 11-401 – 11-407
Chapter 5 Proceedings Supplementary to Execution 11-501 – 11-508
Chapter 6 Exemption of Property From Attachment or Levy 11-601 – 11-609
Chapter 7 Garnishments 11-701 – 11-731

Terms Used In Idaho Code > Title 11

  • Account holder: means a member of a low-income household who is the named depositor of an individual development account. See Idaho Code 56-1101
  • Accumulated contributions: means the sum of amounts contributed by a member of the system, together with regular interest credit thereon. See Idaho Code 59-1302
  • Active member: means any employee who is not establishing the right to receive benefits through his or her employer’s participation in any other retirement system established for Idaho public employees, if such participation is mandated by applicable Idaho statutes other than this chapter. See Idaho Code 59-1302
  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Idaho Code 55-3002
  • Actuarial equivalent: means a benefit equal in value to another benefit, when computed upon the basis of the actuarial tables in use by the system. See Idaho Code 59-1302
  • Actuarial tables: means such tables as shall have been adopted by the board in accordance with recommendations of the actuary. See Idaho Code 59-1302
  • Adequate remediation: means corrective action by a utility which results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the utility’s distribution system of fifty percent (50%) or less of the preventive action level. See Idaho Code 61-802
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the administrator of the division of insurance management in the department of administration, as provided by section 67-5760, Idaho Code. See Idaho Code 59-802
  • Advertisement: means a commercial message in any medium that promotes, directly or indirectly, a lease-purchase agreement. See Idaho Code 28-36-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Idaho Code 55-3002
  • Agency: means each department, institution, board, bureau, commission or committee of the government of the state, including state educational institutions, the supreme court and district courts, but does not include any political subdivisions of the state. See Idaho Code 59-802
  • Alternate payee: means a spouse or former spouse of a member who is recognized by an approved domestic retirement order as having a right to all or a portion of the accrued benefits in the retirement system with respect to such member. See Idaho Code 59-1302
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approved domestic retirement order: means a domestic retirement order that creates or recognizes the existence of an alternate payee’s right or assigns to an alternate payee the right to all or a portion of the accrued benefits of a member under the retirement system, that directs the system to establish a segregated account or disburse benefits to an alternate payee, and that the executive director of the retirement system has determined meets the requirements of sections 59-1319 and 59-1320, Idaho Code. See Idaho Code 59-1302
  • Asset disregard: means the total assets an individual owns and may retain under medicaid and still qualify for benefits at the time the individual applies for benefits if the individual is a beneficiary of a long-term care partnership program approved policy. See Idaho Code 56-1302
  • Assigned area of responsibility: means the geographic region for which a particular dealer is responsible for the marketing, selling, leasing or servicing of equipment pursuant to a dealer agreement as assigned by the supplier. See Idaho Code 28-24-102
  • Assistance device: means a cane or walking stick, predominantly white or metallic in color, with or without red tip, or a manual or motorized wheelchair or similar scooter, or other similar devices that enhance the safety or mobility of a disabled person. See Idaho Code 56-701A
  • Authorized officer: means any individual required or permitted, alone or with others by any provision of law or by an issuing public entity to execute a certificated registered public obligation or any writing relating to an uncertificated registered public obligation. See Idaho Code 57-902
  • Average monthly salary: means the member’s average salary during the base period as calculated pursuant to rules adopted by the retirement board. See Idaho Code 59-1302
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base period: means the period of fifty-four (54) consecutive calendar months during which the member earned:
Idaho Code 59-1302
  • Beneficiary: means the person who is nominated by the written designation of a member, duly executed and filed with the board, to receive the death benefit. See Idaho Code 59-1302
  • Bequest: Property gifted by will.
  • Blanket surety bond: means a schedule or blanket corporate surety covering all or any group of public officials or employees of the state or of an individual political subdivision. See Idaho Code 59-802
  • Board: means the individual development account advisory board as established pursuant to the provisions of this chapter. See Idaho Code 56-1101
  • board: means the board provided for in sections 59-1304 and 59-1305, Idaho Code, to administer the retirement system. See Idaho Code 59-1302
  • Calendar year: means twelve (12) calendar months commencing on the first day of January. See Idaho Code 59-1302
  • Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Idaho Code 57-902
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City system: means the Boise city employee’s retirement system and any policeman’s retirement system established and operated by virtue of any city ordinance, charter, or pursuant to the provisions of chapter 15, title 50, Idaho Code. See Idaho Code 59-1381
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • CMS: means the centers for medicare and medicaid. See Idaho Code 56-1503
  • CMS: means the centers for medicare and medicaid services. See Idaho Code 56-1602
  • Code: means the Internal Revenue Code of 1954, as amended. See Idaho Code 57-902
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Idaho Code 28-12-103
  • Commission: means the Idaho public utilities commission as established pursuant to section 61-201, Idaho Code. See Idaho Code 61-802
  • Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Idaho Code 55-3002
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Confidential information: means information which may identify a patient, health care facility or health care practitioner. See Idaho Code 57-2002
  • Consumer: means a natural person who rents personal property under a lease-purchase agreement to be used by the consumer primarily for personal, family or household purposes. See Idaho Code 28-36-102
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars ($25,000). See Idaho Code 28-12-103
  • Consummation: means the time a consumer enters a lease-purchase agreement. See Idaho Code 28-36-102
  • Contingent annuitant: means the person designated by a member under certain retirement options to receive benefit payments upon the death of the member. See Idaho Code 59-1302
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing commercial relationship: means any relationship in which the equipment dealer has been granted the right to sell or service equipment manufactured by supplier. See Idaho Code 28-24-102
  • Continuing garnishment: means a garnishment of wages of the judgment debtor that continues, subject to the limitations found in section 11-705, Idaho Code, until the debt is satisfied. See Idaho Code 11-701
  • Contractor: means that individual, partnership, corporation or other entity performing TSE registry services under a contractual agreement with the department. See Idaho Code 57-2002
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Cow contact points: means any two (2) electrically conductive points which a dairy cow may, in its normal environment, unavoidably and simultaneously contact. See Idaho Code 61-802
  • Credited service: means the aggregate of membership service, prior service and disabled service. See Idaho Code 59-1302
  • Crime insurance: means insurance which indemnifies the assured public entity against losses from employee dishonesty, losses inside and outside the premises, losses from money orders and counterfeit paper currency, losses from depositors’ forgery, and/or generally assures the fidelity and faithful performance of public officials or employees holding positions of public trust. See Idaho Code 59-802
  • Date of establishment: means July 1, 1965, or a later date established by the board or statute. See Idaho Code 59-1302
  • De-identified information: means records and information contained in the TSE registry, including compilations and analyses thereof that do not contain information which might identify a patient, health care facility or health care practitioner. See Idaho Code 57-2002
  • Dealer agreement: means a contract or agreement, either expressed or implied, whether oral or written, between a supplier and an equipment dealer, by which the equipment dealer is granted the right to sell, distribute or service the supplier's equipment, where there is a continuing commercial relationship between the supplier and the equipment dealer. See Idaho Code 28-24-102
  • Death benefit: means the amount, if any, payable upon the death of a member. See Idaho Code 59-1302
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of health and welfare. See Idaho Code 56-1302
  • Department: means the department of health and welfare. See Idaho Code 56-1402
  • Department: means the department of health and welfare. See Idaho Code 56-1503
  • Department: means the Idaho department of health and welfare. See Idaho Code 56-1602
  • Department: means the bureau of emergency medical services and preparedness of the Idaho department of health and welfare. See Idaho Code 57-2002
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Disability retirement allowance: means the periodic payment becoming payable to a member who meets all applicable eligibility requirements for disability retirement. See Idaho Code 59-1302
  • Disabled: means :
  • Idaho Code 59-1302
  • Disabled service: means the total number of months elapsing from the first day of the month next succeeding the final contribution of a member prior to receiving a disability retirement allowance to the first day of the month following the date of termination of such disability retirement allowance. See Idaho Code 59-1302
  • Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. See Idaho Code 11-701
  • Disproportionate share hospital: means a hospital that serves a disproportionate share of medicaid low-income patients as compared to other hospitals as determined by department rule. See Idaho Code 56-1402
  • Docket: A log containing brief entries of court proceedings.
  • Dog-in-training: means a dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. See Idaho Code 56-701A
  • Domestic retirement order: means any judgment, decree, or order, including approval of a property settlement agreement that relates to the provision of marital property rights to a spouse or former spouse of a member, and is made pursuant to a domestic relations law, including the community property law of the state of Idaho or of another state. See Idaho Code 59-1302
  • Donor: The person who makes a gift.
  • Early retirement allowance: means the periodic payment becoming payable to a member who meets all applicable eligibility requirements for early retirement. See Idaho Code 59-1302
  • Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program. See Idaho Code 11-701
  • Employee: means :
  • Idaho Code 59-1302
  • Employee system: means the retirement system created by and existing through the provisions of chapter 13, title 59, Idaho Code. See Idaho Code 59-1371
  • Employer: means the state of Idaho, or any political subdivision or governmental entity, provided such subdivision or entity has elected to come into the system. See Idaho Code 59-1302
  • Endowment fund: means the financial proceeds of lands granted to or acquired by the state by or from the general government and managed by the state board of land commissioners pursuant to section 8, article IX, of the constitution of the state of Idaho. See Idaho Code 57-717
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Idaho Code 55-3002
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
  • Idaho Code 55-3002
  • Equipment: means machines designed for or adapted and used for agriculture, horticulture, livestock and grazing and related industries but not exclusive to agricultural use. See Idaho Code 28-24-102
  • equipment dealership: means any person, partnership, corporation, association or other form of business enterprise, primarily engaged in the retail sale and/or service of equipment in this state, pursuant to any oral or written agreement for a definite or indefinite period of time in which there is a continuing commercial relationship in the marketing of the equipment or related services. See Idaho Code 28-24-102
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official or official body. See Idaho Code 57-902
  • Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Idaho Code 57-902
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary organization: means a nonprofit, fundraising organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, approved by the state, including any Indian tribe as defined in section 4(12) of the native American housing assistance and self-determination act of 1996 (25 U. See Idaho Code 56-1101
  • Final contribution: means the final contribution made by a member pursuant to sections 59-1331 through 59-1334, Idaho Code. See Idaho Code 59-1302
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance lease: means a lease with respect to which:
  • Idaho Code 28-12-103
  • Financial institution: means any state bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm or other similar entity that insures the deposits of its investors and is authorized to do business in this state. See Idaho Code 56-1101
  • Financial institution: means any state bank, national bank, trust company, savings and loan association, savings bank, federal savings and loan association, federal savings bank or credit union, as those terms are defined in title 26, Idaho Code, or any federal credit union organized under the federal credit union act, 12 U. See Idaho Code 11-701
  • Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers, when so acting. See Idaho Code 57-902
  • Firefighter: means an employee, including paid firefighters hired on or after October 1, 1980, whose primary occupation is that of preventing and extinguishing fires as determined by the rules of the board. See Idaho Code 59-1302
  • Fiscal year: means the time period from July 1 to June 30. See Idaho Code 56-1503
  • Fiscal year: means the time period from July 1 to June 30. See Idaho Code 56-1602
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fiscal year: means the period beginning on July 1 in any year and ending on June 30 of the next succeeding year. See Idaho Code 59-1302
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fund: means the nursing facility assessment fund established pursuant to section 56-1504, Idaho Code. See Idaho Code 56-1503
  • Fund: means the ICF assessment fund established pursuant to section 56–1603, Idaho Code. See Idaho Code 56-1602
  • Fund: means the public employee retirement fund established by this chapter. See Idaho Code 59-1302
  • Funding agent: means any bank or banks, trust company or trust companies, legal reserve life insurance company or legal reserve life insurance companies, or combinations thereof, any thrift institution or credit union or any investment management firm or individual investment manager selected by the board to hold and/or invest the employers’ and members’ contributions and pay certain benefits granted under this chapter. See Idaho Code 59-1302
  • Garnishee: means a person or institution that is indebted to or is in possession of property, money or credits of a debtor whose property has been subjected to garnishment. See Idaho Code 11-701
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Garnishment: means a judicial proceeding in which a creditor or potential creditor asks the court to order a third party who is indebted to, or is in possession of, property, money or credits of the debtor to turn over to the creditor any of the debtor’s property, money or credits held by that third party. See Idaho Code 11-701
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Good cause: means failure by an equipment dealer to substantially comply with essential and reasonable requirements imposed upon the equipment dealer by the dealer agreement, provided, such requirements are not different from those requirements imposed on other similarly situated equipment dealers in the state either by their terms or in the manner of their enforcement. See Idaho Code 28-24-102
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 28-12-309, Idaho Code), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Idaho Code 28-12-103
  • Governmental entity: means and includes the state and its political subdivisions. See Idaho Code 56-1402
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Heart attack: means STEMI, which is a common name for ST-elevation myocardial infarction, a more precise definition for a type of heart attack that is caused by a prolonged period of blocked blood supply that affects a large area of the heart and has a substantial risk of death and disability calling for a quick response. See Idaho Code 57-2002
  • Holder: means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code. See Idaho Code 55-3002
  • Hospital: is a s defined in section 39-1301(a), Idaho Code. See Idaho Code 56-1402
  • ICF: means an intermediate care facility for people with intellectual disabilities as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code. See Idaho Code 56-1602
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Inactive member: means a former active member who is not an employee and is not receiving any form of retirement allowance, who has not requested a separation benefit, or for whom a separation benefit has not become payable. See Idaho Code 59-1302
  • Income: means dividends and interest, which shall be distributable income within the meaning of this chapter. See Idaho Code 57-717
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual development account: means a contract between an account holder and a fiduciary organization, for the deposit of funds into a financial institution by the account holder, and the deposit of matching funds into the financial institution by the fiduciary organization from private and public contributions made to the fiduciary organization for such purpose, to allow the account holder to accumulate assets for use toward achieving a specific purpose approved by the fiduciary organization. See Idaho Code 56-1101
  • Individual with a disability: means an individual who has a disability as defined by the federal Americans with disabilities act, 42 U. See Idaho Code 56-701A
  • Industrial and construction equipment: means equipment used in building and maintaining structures and roads including, but not limited to, loaders, loader backhoes, wheel loaders, crawlers, graders and excavators. See Idaho Code 28-24-102
  • Ineligible: means :
  • Idaho Code 59-1302
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Issuer: means a public entity which issues an obligation. See Idaho Code 57-902
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Idaho Code 28-12-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See Idaho Code 28-12-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Idaho Code 28-12-103
  • Lease-purchase agreement: means an agreement by a lessor and a consumer for the use of personal property by a consumer primarily for personal, family or household purposes, for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Idaho Code 28-36-102
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Idaho Code 28-12-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Idaho Code 28-12-103
  • Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Idaho Code 28-36-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Lifetime annuity: means periodic monthly payments of income by the retirement system to an alternate payee. See Idaho Code 59-1302
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Idaho Code 28-12-103
  • Low-income household: means a single person or family whose adjusted annual income is less than two hundred percent (200%) of the annual federal poverty guideline. See Idaho Code 56-1101
  • Lump sum distribution: means a payment by the retirement system of the entire balance in the alternate payee’s segregated account, together with regular interest credited thereon. See Idaho Code 59-1302
  • Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
  • Medicaid: means the federal medical assistance program established under title XIX of the social security act. See Idaho Code 56-1302
  • Member: means an active member, inactive member or a retired member. See Idaho Code 59-1302
  • Membership service: means military service that occurs after the commencement of contributions payable under sections 59-1331 through 59-1334, Idaho Code, and service with respect to which contributions are payable under sections 59-1331 through 59-1334, Idaho Code, which, except for benefit calculations described in sections 59-1342 and 59-1353, Idaho Code, includes service transferred to a segregated account under an approved domestic retirement order. See Idaho Code 59-1302
  • Military service: means any period of active duty service in the armed forces of the United States including the national guard and reserves, under the provisions of title 10, title 32, and title 37, United States code, that commences fewer than ninety (90) days after the person ceases to be an employee and ends fewer than ninety (90) days before the person again becomes an employee. See Idaho Code 59-1302
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net patient service revenue: means gross revenue from services provided to nursing facility patients, less reductions from gross revenue resulting from an inability to collect payment of charges. See Idaho Code 56-1503
  • Net patient service revenue: means gross revenues from services provided to ICF patients, less reductions from gross revenue resulting from an inability to collect payment of charges. See Idaho Code 56-1602
  • Nursing facility: means a nursing facility as defined in section 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho Code. See Idaho Code 56-1503
  • Obligation: means an agreement of a public entity to pay principal and any interest thereon, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Idaho Code 57-902
  • Official or official body: means an officer or board that is empowered under the laws of one or more states including this state to provide for original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions and other incidents, the successor or successors of any such official or official body, and such other person or group of persons as shall be assigned duties of such official or official body with respect to a registered public obligation under applicable law from time to time. See Idaho Code 57-902
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Outdoor power equipment: means equipment powered by a two-cycle or four-cycle gas or diesel engine, or electric motor, which is used to maintain commercial, public or residential lawns and gardens or used in landscape, turf, golf course or plant nursery maintenance. See Idaho Code 28-24-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 55-3002
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means any county, city, municipal corporation, health district, school district, irrigation district, special improvement or taxing district, or any other political subdivision or public corporation, or as currently defined in section 6-902(2), Idaho Code. See Idaho Code 59-802
  • POST: means the Idaho peace officer standards and training council established in chapter 51, title 19, Idaho Code. See Idaho Code 59-1302
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Present value: means the amount as of a date certain of one (1) or more sums payable in the future, discounted to the date certain. See Idaho Code 28-12-103
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prior service: means any period prior to July 1, 1965, of military service or of employment for the state of Idaho or any political subdivision or other employer of each employee who is an active member or in military service or on leave of absence on the date of establishment, provided, however, an employee who was not an active member or in military service or on leave of absence on the date of establishment shall receive credit for the member’s service prior to July 1, 1965, on the basis of recognizing two (2) months of such service for each month of membership service. See Idaho Code 59-1302
  • Private hospital: means a hospital that is not owned by a governmental entity. See Idaho Code 56-1402
  • Private rangelands: means rangelands not owned by the federal government, state government, an Indian tribe or a political subdivision of the state. See Idaho Code 58-1402
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public entity: means any entity, department, or agency which is empowered under the laws of one or more states, territories, possessions of the United States or the District of Columbia, including this state, to issue obligations any interest with respect to which may, under any provision of law, be provided an exemption from the income tax referred to in the code. See Idaho Code 57-902
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public official or employee: means each elected or appointed officer of the state or a political subdivision of the state and each officer and employee of an agency or a political subdivision. See Idaho Code 59-802
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods. See Idaho Code 28-12-103
  • Quorum: The number of legislators that must be present to do business.
  • Rangelands: means land on which the native vegetation is predominately grasses, grass-like plants, forbs, or shrubs, including lands revegetated naturally or artificially when routine management of that vegetation is accomplished mainly through manipulation of grazing. See Idaho Code 58-1402
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Idaho Code 57-902
  • Regular interest: means interest at the rate set from time to time by the board. See Idaho Code 59-1302
  • Renewal date: means the date specified in the lease-purchase agreement upon which the consumer must either return the personal property to the lessor or renew the lease-purchase agreement. See Idaho Code 28-36-102
  • Resident day: means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge, provided that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day. See Idaho Code 56-1503
  • Resident day: means a calendar day of care provided to an ICF resident, including the day of admission and excluding the day of discharge, provided that one (1) resident day shall be deemed to exist when admission and discharge occur on the same day. See Idaho Code 56-1602
  • Retired member: means a former active member receiving a retirement allowance. See Idaho Code 59-1302
  • Retirement: means the acceptance of a retirement allowance under this chapter upon termination of employment and, unless otherwise provided by law, requires a termination of employment from an employer participating in PERSI, the judges retirement fund, the firefighters retirement fund or the optional retirement plan. See Idaho Code 59-1302
  • Salary: means :
  • Idaho Code 59-1302
  • School employee: means any employee of any school district or any public community college district or Boise State University including each member of the teachers system, subject to the provisions of section 59-1302(14), Idaho Code, but shall not include any person who is an annuitant of the teachers system. See Idaho Code 59-1371
  • Segregated account: means the account established by the retirement system for the alternate payee of a member who is not a retired member. See Idaho Code 59-1302
  • Separation benefit: means the amount, if any, pursuant to section 59-1359, Idaho Code. See Idaho Code 59-1302
  • Service: means being shown on an employer’s payroll as an employee receiving a salary. See Idaho Code 59-1302
  • Service dog: means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Idaho Code 56-701A
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service retirement allowance: means the periodic payment becoming payable upon an active member’s ceasing to be an employee while eligible for service retirement. See Idaho Code 59-1302
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 55-3002
  • State: means the state of Idaho. See Idaho Code 59-1302
  • Stray current or voltage: is:
  • Idaho Code 61-802
  • Stroke: means an interruption of blood flow to the brain causing paralysis, slurred speech and/or altered brain function usually caused by a blockage in a blood vessel that carries blood to the brain (ischemic stroke) or by a blood vessel bursting (hemorrhagic). See Idaho Code 57-2002
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Idaho Code 28-12-103
  • Supplier: means the manufacturer, wholesaler or distributor of the equipment to be sold by the equipment dealer, or any successor in interest to or assignee of the supplier. See Idaho Code 28-24-102
  • Surety bond: means a bond or surety issued by a corporate surety company authorized to do business in this state in an amount fixed by the administrator or governing body of a political subdivision to an individual public official or employee, which shall be payable to the state or a political subdivision, and whenever possible, conditioned on honesty and the faithful performance of his duties during the employment or term of office and until his successor is elected or appointed and is qualified, and that he will properly account for all money and property received in his official capacity as a public official or as an employee. See Idaho Code 59-802
  • system: means the public employee retirement system of Idaho. See Idaho Code 59-1302
  • Teacher member: means a member of the teachers system on July 1, 1967, subject to the provisions of section 59-1302(14), Idaho Code. See Idaho Code 59-1371
  • Teachers system: means the retirement system created by and existing through chapter 13, title 33, Idaho Code. See Idaho Code 59-1371
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • TSE: means a time sensitive emergency, specifically trauma, heart attack or stroke. See Idaho Code 57-2002
  • TSE registry: means the population-based data system that provides ongoing and systematic collection, analysis, interpretation, and dissemination of information related to trauma, stroke and heart attack for system improvement, prevention and research activities. See Idaho Code 57-2002
  • TSE system: means the organized approach to treating injured patients that establishes and promotes standards for patient transportation, equipment, and information analysis for effective and coordinated TSE care. See Idaho Code 57-2002
  • Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Idaho Code 57-902
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Upper payment limit: means a limitation established by federal regulations, 42 CFR 447. See Idaho Code 56-1402
  • Upper payment limit: means the limitation established by federal regulations, 42 CFR 447. See Idaho Code 56-1503
  • Upper payment limit: means the limitation established in 42 CFR section 447. See Idaho Code 56-1602
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utility: means a public utility as defined in section 61-332A, Idaho Code. See Idaho Code 61-802
  • Value-based purchasing payments: means supplemental payments effective in state fiscal year 2021 made to providers for reaching department-selected quality indicators. See Idaho Code 56-1503
  • Vested member: means an active or inactive member who has at least five (5) years of credited service, except that a member, who at the time of his separation from service:
  • Idaho Code 59-1302
  • Wage garnishment: means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. See Idaho Code 11-701
  • Warranty claim: means a claim for payment submitted by an equipment dealer to a supplier for service, parts or complete components, or any or all of the three (3), provided to a customer under a:
  • Idaho Code 28-24-102