Bill Description: House Bill 560 would clarify that very large financial institutions cannot condition access to financial services based on non-financial information that might be included in a "social credit score." 

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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 560 would create Chapter 38, Title 26, Idaho Code, called the "Equality in Financial Services Act." This new chapter would prohibit financial institutions with assets of more than $100 billion from "utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services" to a prospective client.

This law contains a lengthy definition of "social credit score," which includes "any analysis, rating, scoring, list, or tabulation that evaluates" a person's constitutionally protected exercise of religion, speech, expression, or association.

The definition also includes "any person's failure or refusal to adopt any targets or disclosures related to greenhouse gas emissions beyond what is required by applicable law. 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. Any person's failure or refusal to facilitate or assist employees in obtaining abortions or gender reassignment services."

The definition also includes participation in "lawful business associations or business activities" involving "the exploration, production, utilization, transportation, sale, or manufacture of fossil-fuel-based energy; or the manufacture, distribution, wholesale, supply, or retail of firearms, firearms accessories, or ammunition" if such activities do not include "quantifiable financial risks of a person based on impartial, financial-risk-based standards" that have been "established in advance by the financial institution and publicly disclosed to customers and potential customers."

These definitions help to clarify that many of the activities a "social credit score" system would try to discourage are constitutionally protected rights.

One of the more concerning elements of this bill is its arbitrary applicability to only those financial institutions with assets over $100 billion. To the extent that the anti-discrimination provisions of this bill are constitutionally justified, they should be applied to all financial institutions regardless of size. 

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