TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 19

IDAHO CHARITABLE ASSETS PROTECTION ACT

48-1910.  PROCEEDINGS BY ATTORNEY GENERAL. (1) Whenever the attorney general has reason to believe that a person violated or is violating the provisions of section 48-1906, Idaho Code, the attorney general, acting in the public interest, may bring an action in the name of the state against such person:

(a)  To enjoin any action that constitutes a violation of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, upon the giving of appropriate notice to the alleged violator as provided in the Idaho rules of civil procedure;

(b)  To obtain appointment of a master, receiver, or escrow agent to gather, account for, and oversee the charitable assets of the alleged violator and prevent further the dissipation of such assets;

(c)  To remove the alleged violator from his position as an accountable person of the charitable organization;

(d)  To terminate a charitable organization and liquidate its charitable assets in accordance with its governing instrument or applicable law;

(e)  To recover from the alleged violator damages or restitution of any charitable assets misappropriated, lost, or diverted in violation of section 48-1906, Idaho Code;

(f)  To recover from the alleged violator civil penalties of up to fifty thousand dollars ($50,000), as determined by the district court;

(g)  To obtain specific performance from the alleged violator;

(h)  To recover from the alleged violator the attorney general’s reasonable expenses, investigative costs, and attorney’s fees; and

(i)  To obtain other appropriate relief.

(2)  Whenever the attorney general has reason to believe that a charitable organization violated or is violating the provisions of section 48-1907, Idaho Code, the attorney general, acting in the public interest, may bring an action in the name of the state against such organization and any agents of the organization:

(a)  To enjoin any action dissolving the charitable organization, or the dissolving, converting to a noncharitable organization, terminating, or disposing of all or substantially all of the charitable organization’s charitable assets by issuance of a temporary restraining order or preliminary or permanent injunction, upon the giving of appropriate notice to the alleged violator as provided in the Idaho rules of civil procedure;

(b)  To obtain appointment of a master, receiver, or escrow agent to gather, account for, and oversee charitable assets whenever it shall appear that all or substantially all of the charitable organization’s charitable assets may be dissolved, converted, terminated, or disposed of during the course of the proceedings;

(c)  To terminate a charitable organization and liquidate its charitable assets in accordance with its governing instrument or applicable law;

(d)  In cases where the charitable organization’s accountable person or persons knew of and intended to violate the notice provisions of section 48-1907, Idaho Code, to recover from the charitable organization’s accountable persons civil penalties of up to five thousand dollars ($5,000), as determined by the district court; and

(e)  To obtain other appropriate relief.

(3)  The action may be brought in the district court of the county in which the alleged violator resides or, with consent of the parties, may be brought in the district court of Ada county. The action may be brought in any district court in this state if the alleged violator resides outside of the state.

History:

[48-1910, added 2020, ch. 321, sec. 1, p. 925.]