§ 26-3803 — DEFINITIONS

For purposes of this chapter:
(1) "Discriminate in the provision of financial services" means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services. "Discriminate in the provision of financial services" includes a refusal to provide, termination of, or restriction on financial services, notwithstanding the provisions of section 48-605, Idaho Code.
(2)(a) "Financial institution" means:
(i) A bank that has total assets over one hundred billion dollars ($100,000,000,000); or
(ii) A payment processor, credit card company, credit card network, payment network, payment service provider, or payment gateway that has processed more than one hundred billion dollars ($100,000,000,000) in transactions in the last calendar year.
(b) "Financial institution" includes any affiliate or subsidiary company owned by or controlled by the covered financial institution.
(3) "Financial service" means any financial product or service offered by a financial institution.
(4) "Person" means any individual, partnership, association, joint stock company, trust, corporation, nonprofit organization, or other business or legal entity.
(5) "Protected from government interference" refers to any speech, religious exercise, association, expression, or conduct that is protected by the first amendment to the United States constitution other than activities that the supreme court of the United States has expressly held are unprotected as of July 1, 2025, such as obscenity, fraud, incitement, true threats, fighting words, or defamation.
(6)(a) "Social credit score" means any analysis, rating, scoring, list, or tabulation that evaluates any of the following:
(i) Any person’s exercise of religion that is protected from government interference by the first amendment to the United States constitution, section 4, article I of the constitution of the state of Idaho, or federal or state law, including all aspects of religious observance and practice, as well as belief and affiliation;
(ii) Any person’s speech, expression, or association that is protected from government interference by the first amendment to the United States constitution, section 9, article I of the constitution of the state of Idaho, or federal or state law, including the person’s opinions, speech, or other expressive activities, including the lawful preservation of privacy regarding those activities, such as the refusal to disclose lobbying, political activity, or contributions beyond what is required by applicable state and federal law;
(iii) Any person’s failure or refusal to adopt any targets or disclosures related to greenhouse gas emissions beyond what is required by applicable law;
(iv) Any person’s failure or refusal to conduct any type of racial, diversity, or gender audit or disclosure or to provide any sort of quota, preference, or benefit based, in whole or in part, on race, diversity, or gender beyond what is required by applicable law;
(v) Any person’s failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services; or
(vi) Except as provided in paragraph (b) of this subsection, participation in the following lawful business associations or business activities:
1. The exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy; or
2. The manufacture, distribution, wholesale, supply, or retail of knives, firearms, firearm accessories, or ammunition.
(b) For the purposes of paragraph (a)(vi) of this subsection only, "social credit score" does not include a financial institution evaluating quantifiable financial risks of a person based on impartial, financial risk-based standards that include activities described in paragraph (a)(vi) of this subsection if such standards are established in advance by the financial institution and publicly disclosed to customers and potential customers.

Legislative History

[26-3803, added 2025, ch. 164, sec. 1, p. 785.]