Bill Analyses and Ratings
Bill Information: H0750 – Consumer Payment Rights and Transparency Act
Bill Summary
House Bill 750 creates the Consumer Payment Rights and Transparency Act by adding a new Chapter 54 to Title 28 of Idaho Code. The bill defines ‘programmable money’ as digital assets or tokens that can be encoded with rules controlling transactions, including the ability to deny specific transactions, impose user-specific restrictions, expire or diminish in value, or implement social credit score systems. It explicitly excludes programmable money from the legal definitions of ‘money’ and ‘deposit accounts’ in Idaho’s Uniform Commercial Code.
The bill prohibits issuers of programmable money from requiring its use without offering a free non-digital alternative, and from denying transactions based on protected characteristics including sex, race, ethnicity, political opinion, speech, religion, medical history, vaccination status, purchase history, geographical location, profession, social credit scores, or any other lawful activity. Issuers must provide detailed explanations for transaction denials within 30 days of a request. The bill establishes both civil remedies (including actual and punitive damages, attorney’s fees, and potential business license revocation) and criminal penalties (misdemeanor charges with fines up to $10,000 per violation and up to one year imprisonment).
Overall Assessment
This bill protects Idaho residents from discriminatory financial surveillance and control by prohibiting programmable digital currencies from denying transactions based on political views, religious beliefs, medical choices, firearm purchases, or other lawful activities. The legislation directly opposes central bank digital currencies while preserving the right to use traditional cash and decentralized cryptocurrencies. By establishing criminal penalties of up to $10,000 per violation and allowing citizens to sue for damages, the bill creates enforceable protections against financial systems that could restrict commerce based on social credit scores or personal characteristics.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (1)
Section 4 of the metric explicitly opposes Central Bank Digital Currency and affirms the right to engage in commerce with cash, barter, and decentralized digital currencies. The bill excludes programmable money from the legal definition of 'money' in Section 28-1-201(24) and prohibits requiring its use without a free non-digital alternative (Section 28-5402(1)(a)), directly supporting these principles.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill regulates programmable money and digital payment systems but does not address citizen participation in government, elections, primary elections, ranked-choice voting, or voting rights.
ARTICLE III. EDUCATION (0)
The bill creates regulations for programmable money issuers but does not address education policy, parental rights in education, school choice, curriculum, or educational funding.
ARTICLE IV. AGRICULTURE (0)
While Section 28-5401(4)(c) mentions 'fossil fuel or agricultural activities' as a protected category, this is merely one example in a list of lawful activities that cannot be used to deny transactions. The bill does not address agricultural industry, farming operations, ranching, or agricultural markets.
ARTICLE V. WATER (0)
The bill regulates programmable money and digital payment systems but does not address water rights, water management, water appropriation, or water policy in Idaho.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
While Section 28-5401(4)(c) protects 'fossil fuel or agricultural activities' from being used to deny transactions, this is incidental to the bill's focus on payment systems. The bill does not address environmental stewardship, natural resource utilization, or federal environmental policy.
ARTICLE VII. ENERGY (0)
The bill protects 'fossil fuel or agricultural activities' from transaction discrimination in Section 28-5401(4)(c), but this is one item in a broader list of protected lawful activities. The bill does not address energy independence, energy resources development, or energy policy.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill regulates programmable money issuers but does not address the Idaho National Laboratory, nuclear research, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill regulates how programmable money issuers conduct transactions and affects how individuals can use digital payment systems, but it does not address Fifth Amendment property rights, government taking of property, or property development rights.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill regulates programmable money but does not address land ownership, federal land management, or state control over lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill regulates programmable money issuers but does not address fish and game management, hunting, fishing, or wildlife policy.
ARTICLE XII. ECONOMY (0)
The bill prohibits transaction denials based on 'a person's trade, profession, or business activity' in Section 28-5402(1)(b)(vi), which protects economic freedom. However, the metric focuses on Idaho's economic growth, commerce and industry, small business support, and reducing regulatory requirements on Idaho businesses, while this bill creates new regulations on programmable money issuers rather than reducing regulatory burdens.
ARTICLE XIII. HEALTH AND WELFARE (0)
Section 28-5402(1)(b)(iii) prohibits denying transactions based on 'medical history, including vaccination status,' which protects medical freedom in the payment context. However, the metric addresses healthcare access, insurance regulations, and medical decision-making more broadly, while this bill focuses specifically on preventing payment discrimination.
ARTICLE XIV. AMERICAN FAMILY (0)
Section 28-5402(1)(b)(ii) protects transactions from denial based on 'political opinion, speech, religion, or affiliations,' which could indirectly protect family-related advocacy. However, the bill does not address family values, parental rights, marriage, life issues, or traditional family structures.
ARTICLE XV. OLDER AMERICANS (0)
The bill regulates programmable money and while older Americans might use payment systems, there is no text addressing support for older Americans, healthcare access for seniors, or opposing policies that penalize seniors who work.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
Section 28-5401(4)(b) explicitly defines social credit score systems to include restrictions based on 'the manufacture, distribution, sale, purchase, or use of firearms, including firearm accessories and ammunition,' protecting Second Amendment rights in payment systems. However, the metric addresses criminal justice, gun rights, drug use, incarceration, and state sovereignty more broadly, while this bill creates new criminal penalties for payment discrimination rather than addressing traditional law enforcement concerns.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill regulates programmable money issuers but does not address military strength, veterans, national defense, border security, or terrorism.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill regulates programmable money but does not address judicial elections, judicial selection processes, or constitutional interpretation.
ARTICLE XIX. RELIGIOUS LIBERTY (1)
Section 28-5402(1)(b)(ii) explicitly prohibits issuers from denying transactions based on 'political opinion, speech, religion, or affiliations,' directly protecting religious freedom in financial transactions. This prevents programmable money systems from discriminating against individuals or organizations based on their religious beliefs or practices, which aligns with the metric's emphasis on protecting religious freedom as a fundamental human right.