TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 19

IDAHO CHARITABLE ASSETS PROTECTION ACT

48-1906.  unlawful acts. (1) It is unlawful for an accountable person or charitable organization to knowingly use, or allow to be used, the charitable organization’s charitable assets in a manner that is inconsistent with:

(a)  Law applicable to the charitable asset;

(b)  The restrictions contained in a gift instrument regarding the charitable assets; provided, however, that nothing in this section shall prevent a person from seeking a release or modifying the charitable purposes or restrictions contained in a gift instrument, pursuant to section 33-5006, Idaho Code, or other applicable Idaho law; or

(c)  The charitable purpose of the charitable organization that holds the charitable asset.

(2)  An accountable person is not liable under this section if the accountable person:

(a)  Discharged his duties as an accountable person in compliance with the standards of conduct set forth in sections 30-30-618 and 30-30-623, Idaho Code, irrespective of whether the accountable person would otherwise be subject to the provisions of such sections;

(b)  Acted in compliance with the applicable trust instrument and that trust instrument complies with Idaho law;

(c)  Qualifies for immunity under section 6-1605, Idaho Code; or

(d)  Acted in compliance with a court order regarding a matter for which the attorney general received timely notice as provided by applicable law, thereby providing the attorney general time to file any objection and be heard by the court regarding the matter.

History:

[48-1906, added 2020, ch. 321, sec. 1, p. 922.]