Bill Description: House Bill 576 would limit the application of the Idaho Consumer Asset Recovery Fund (ICAR) to Idaho residents.

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Does it violate the principle of equal protection under the law? Examples include laws that discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?

In 2013, Idaho created the Idaho Consumer Asset Recovery Fund (ICAR) to pay out claims whenever any person is awarded a final judgment for “any actual loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed motor vehicle dealer” or “any actual loss or damage by reason of a violation by a dealer of any of the provisions of chapter 6, title 48, Idaho Code, chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code, in connection with the purchase or lease of a motor vehicle…”

House Bill 576 would amend Section 49-1608E, Idaho Code, to limit the scope of the law from a “person” to “an Idaho resident or a person who was an Idaho resident at the time of purchase” of the vehicle. 

While the necessity or appropriateness of this fund is questionable, so long as government has inserted itself into these matters, it should treat all victims of fraud equally.

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