Bill Analyses and Ratings
Bill Information: H0750E1 – Consumer Payment Rights and Transparency Act
Bill Summary
House Bill 750 establishes the Consumer Payment Rights and Transparency Act in Idaho, creating an entirely new chapter (Chapter 54) within Title 28 of Idaho Code. The bill defines ‘programmable money’ as any medium of exchange, including digital assets or tokens, that can be encoded with rules and conditions allowing automatic control based on predefined parameters—such as the ability to deny transactions, impose user-specific restrictions, expire or diminish in value, or implement social credit score systems. The bill explicitly excludes from this definition electronic payment systems that merely transfer non-programmable legal tender, in-game tokens, and gift cards or payment applications that transfer non-programmable money. The bill also amends existing definitions in Idaho’s Uniform Commercial Code to clarify that ‘money’ does not include programmable money and that ‘deposit accounts’ do not include programmable money.
The legislation prohibits issuers of programmable money from requiring its use without offering a free non-programmable alternative, and from denying transactions based on factors such as sex, race, ethnicity, political opinion, religion, medical history, geographic location, trade or profession, or any lawful activity. Issuers must provide a detailed statement of specific reasons within 30 days when a transaction denial is challenged. Remedies include civil actions for declaratory or injunctive relief, actual and punitive damages, attorney’s fees for prevailing parties, and potential revocation of business authorization in Idaho. Criminal penalties include misdemeanor charges with fines up to $10,000 per violation and up to one year of imprisonment, with each unjustified denial constituting a separate offense.
Overall Assessment
This bill primarily addresses government accountability and transparency in the emerging domain of programmable digital currency, earning a score of 1 under Article I (Responsibility in Government) for its provisions requiring issuers to disclose specific reasons for transaction denials and prohibiting discriminatory or opaque automated decision-making. The bill’s protections against denial of transactions based on religious affiliation or belief-related activities also earn a score of 1 under Article XIX (Religious Liberty), as it explicitly prohibits issuers from restricting access to financial services on the basis of religion or religious associations. These two areas represent the bill’s most direct alignment with the evaluation metrics.
This is the engrossed version of H0750.
Rating Breakdown
ARTICLE I. Responsibility in Government (1)
The bill directly counters Central Bank Digital Currency infrastructure by excluding programmable money from the UCC definition of 'money' (Section 28-1-201(24)) and prohibiting issuers from using programmable controls to restrict lawful commerce. Section 28-5402 bars the use of social credit scoring systems — a core mechanism by which a CBDC could be used to surveil and control citizens' financial behavior — aligning with platform-level opposition to government-controlled digital currency.
ARTICLE II. Citizen Involvement in Government (0)
The bill regulates digital payment systems and does not address elections, voting procedures, primary processes, ranked-choice voting, or any mechanism of citizen participation in government.
ARTICLE III. Education (0)
The bill's provisions are confined to financial transaction regulation and contain no provisions touching education policy, school choice, curriculum, parental rights in education, or teacher certification.
ARTICLE IV. Agriculture (0)
While Section 28-5401(4)(c) lists 'fossil fuel or agricultural activities' as a protected category under the social credit score prohibition, and Section 28-5402(1)(b)(vi) bars transaction denials based on a person's trade or business activity, the bill's primary domain is financial transaction regulation rather than agricultural policy, trade, or water rights for farming operations.
ARTICLE V. Water (0)
The bill contains no provisions related to water rights, water appropriation, irrigation, dam management, or any other water policy matter.
ARTICLE VI. Natural Resources and Environment (0)
The bill does not address natural resource management, environmental regulation, land use, wilderness designation, or any related topic.
ARTICLE VII. Energy (0)
Although Section 28-5401(4)(c) includes 'fossil fuel activities' in the list of behaviors that cannot be used as the basis for a social credit score, the bill does not regulate energy production, pipelines, permitting, or energy independence policy — its operative effect is on financial transaction rights, not energy sector governance.
ARTICLE VIII. Idaho National Laboratories (0)
The bill contains no provisions related to the Idaho National Laboratory, nuclear energy research, or federal energy technology programs.
ARTICLE IX. Private Property Rights (0)
The bill regulates digital payment issuers' conduct but does not address real property rights, eminent domain, regulatory takings, or Fifth Amendment protections for landowners.
ARTICLE X. State and Federal Lands (0)
The bill contains no provisions concerning state or federal land ownership, management, transfer, or access.
ARTICLE XI. Wildlife Management (0)
The bill contains no provisions related to wildlife management, hunting, fishing, predator control, or fish and game policy.
ARTICLE XII. Economy (0)
The bill creates new compliance obligations for programmable money issuers operating in Idaho, including mandatory disclosure requirements, civil liability exposure, and potential business license revocation under Section 28-5403. While Section 28-5402(1)(b)(vi) protects businesses from having transactions denied based on their trade or profession, the net regulatory burden on issuers introduces friction that cuts against free-market principles, leaving the economic impact balanced.
ARTICLE XIII. Health and Welfare (0)
Section 28-5402(1)(b)(iii) explicitly prohibits issuers from denying transactions based on 'medical history, including vaccination status,' which protects individual medical autonomy in the financial sphere. However, the bill does not address healthcare delivery, Medicaid, insurance markets, or welfare programs, keeping its health-related impact narrow and indirect.
ARTICLE XIV. American Family (0)
The bill does not address marriage, parental rights, abortion, child welfare, or any other family policy matter covered under this metric.
ARTICLE XV. Older Americans (0)
The bill contains no provisions specifically addressing the needs, benefits, or protections of older Idahoans.
ARTICLE XVI. Law and Order with Justice (0)
Section 28-5401(4)(b) explicitly includes 'the manufacture, distribution, sale, purchase, or use of firearms, including firearm accessories and ammunition' in the definition of activities that cannot be used to construct a social credit score, and Section 28-5402(1)(b) prohibits issuers from denying transactions to firearms-related businesses or purchasers on that basis. This directly protects Second Amendment commerce from financial deplatforming, with criminal penalties of $10,000 per violation and up to one year imprisonment under Section 28-5404 for issuers who violate the prohibition.
ARTICLE XVII. National Defense - Securing the Border (0)
The bill contains no provisions related to national defense, military affairs, border security, veterans' benefits, or the National Guard.
ARTICLE XVIII. Election of Judges and Idaho Supreme Court Justices (0)
The bill contains no provisions related to judicial elections, judicial appointments, or constitutional interpretation standards.
ARTICLE XIX. Religious Liberty (1)
Section 28-5402(1)(b)(ii) prohibits issuers from denying transactions based on a person's 'political opinion, speech, religion, or affiliations,' giving Idahoans an enforceable right to conduct financial transactions free from discrimination based on their faith. Violations carry civil remedies including punitive damages and attorney's fees under Section 28-5403, and criminal penalties under Section 28-5404, providing meaningful deterrence against religious-based financial discrimination.