48-1901 Short Title
48-1902 Legislative Findings and Intent
48-1903 Definitions
48-1904 Courts Not Impaired — Conflict of Laws
48-1905 Persons Excluded
48-1906 Unlawful Acts
48-1907 Sale or Transfer of Charitable Assets
48-1908 Investigatory Authority of Attorney General
48-1909 Voluntary Compliance — Consent Judgment — District Court Approval
48-1910 Proceedings by Attorney General
48-1911 Service of Notice
48-1912 Violation of Injunction, Consent Judgment, or Order — Civil Penalty
48-1913 Penalties and Fees Recovered — Disposition
48-1914 Charitable Assets Recovered — Cy Pres — Restitution Recovered

Terms Used In Idaho Code > Title 48 > Chapter 19 - Idaho Charitable Assets Protection Act

  • Accountable person: means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization. See Idaho Code 48-1903
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney general: means the attorney general of the state of Idaho or the attorney general’s designee. See Idaho Code 48-1903
  • Charitable asset: means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code. See Idaho Code 48-1903
  • Charitable organization: means a person who holds charitable assets regardless of the legal form. See Idaho Code 48-1903
  • Charitable purpose: means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community. See Idaho Code 48-1903
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Subpoena: A command to a witness to appear and give testimony.
  • 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.
  • Trustee: A person or institution holding and administering property in trust.