2005 Idaho Code - 48-1202 — DEFINITIONS

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 12
                      IDAHO CHARITABLE SOLICITATION ACT
    48-1202.  DEFINITIONS. In this chapter:
    (1)  "Charitable organization" means:
    (a)  Any person determined by the Internal Revenue Service to be tax
    exempt pursuant to section 501(c)(3) of the Internal Revenue Code; or
    (b)  Any person who is or who holds himself out to be established for any
    benevolent, educational, philanthropic, humane, scientific, patriotic,
    social welfare or advocacy, public health, environmental, civic, veteran
    or other eleemosynary purpose or for the benefit of law enforcement
    personnel, firefighters or other persons who protect the public safety, or
    any person who in any manner engages in a charitable solicitation.
    (2)  "Charitable purpose" means:
    (a)  Any purpose described in Internal Revenue Code section 501(c)(3); or
    (b)  Any benevolent, educational, philanthropic, humane, scientific,
    patriotic, social welfare or advocacy, public health, environmental,
    civic, veteran, or other eleemosynary purpose or for the benefit of law
    enforcement personnel, firefighters or other persons who protect the
    public safety.
    (3)  "Charitable solicitation" means any oral or written request, directly
or indirectly, for money, credit, property, financial assistance or other
thing of value on the plea or representation that such money, credit,
property, financial assistance or other thing of value or any portion thereof,
will be used for a charitable purpose or benefit a charitable organization.
No contribution need be made in order for a charitable solicitation to be
deemed to have taken place.
    (4)  "Container" means any box, carton, package, receptacle, canister,
jar, dispenser or machine that offers a product for sale or distribution as
part of a charitable solicitation.
    (5)  "Contribution" means the grant, promise or pledge of money, credit,
property, financial assistance or other thing of value in response to a
charitable solicitation.
    (6)  "Damages" means a loss, detriment or injury, whether to person,
property, reputation or rights through any act or practice declared unlawful
under the provisions of this chapter.
    (7)  "Disclosure label" means a printed or typed notice that is legible
and easy to read and is affixed to a container in a conspicuous place on
containers accessible to the public.  Disclosure labels shall inform the
public of the following:
    (a)  The approximate annual percentage paid, if any, to any individual,
    person or charitable organization to maintain, service or collect the
    contributions raised by the solicitation;
    (b)  The net percentage or sum paid to the specific charitable purpose in
    the most recent calendar year;
    (c)  If the maintenance, service, and collection from the container is
    performed by volunteers or paid individuals.
    (8)  "Person" means natural persons, partnerships, both limited and
general, corporations, both foreign and domestic, companies, trusts, business
entities, associations, both incorporated and unincorporated, and any other
legal entity or any group associated in fact although not a legal entity, or
any agent, assign, heir, servant, employee or representative thereof.