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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
817
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
TOBACCO
PRODUCTS;
AMENDING
SECTION
39
-
5702,
IDAHO
CODE,
TO
DE
-
2
FINE
TERMS;
AMENDING
SECTION
39
-
5704,
IDAHO
CODE,
TO
REVISE
PROVISIONS
3
REGARDING
PERMITTING
OF
TOBACCO
PRODUCTS
OR
ELECTRONIC
SMOKING
DEVICES
4
RETAILERS;
AMENDING
SECTION
39
-
5706,
IDAHO
CODE,
TO
REVISE
PROVISIONS
5
REGARDING
VENDOR
-
ASSISTED
SALES;
AMENDING
SECTION
39
-
5707,
IDAHO
CODE,
6
TO
REVISE
PROVISIONS
REGARDING
OPENED
PACKAGES
AND
SAMPLES;
AMENDING
7
SECTION
39
-
5717,
IDAHO
CODE,
TO
PROVIDE
CORRECT
CODE
REFERENCES;
AMEND
-
8
ING
SECTION
39
-
8421,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
9
AMENDING
SECTION
56
-
227F,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFER
-
10
ENCE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
That
Section
39
-
5702,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
39
-
5702.
DEFINITIONS.
The
terms
used
in
this
chapter
are
defined
as
15
follows:
16
(1)
"Business"
means
any
company,
partnership,
firm,
sole
proprietor
-
17
ship,
association,
corporation,
organization,
or
other
legal
entity,
or
a
18
representative
of
the
foregoing
entities.
19
(2)
"Cigar
-
related
products"
means
products
intended
for
use
with
20
cigars,
including
but
not
limited
to
humidors,
cutters,
lighters,
and
natu
-
21
ral
tobacco
leaves
or
wraps
used
for
the
manual
rolling
of
cigars.
22
(2)
(3)
"Delivery
sale"
means
to
distribute
tobacco
products
or
elec
-
23
tronic
smoking
devices
to
a
consumer
in
a
state
where
either:
24
(a)
The
individual
submits
the
order
for
such
sale
by
means
of
a
25
telephonic
or
other
method
of
voice
transmission,
data
transfer
via
26
computer
networks,
including
the
internet
and
other
online
services,
or
27
facsimile,
or
the
mails;
or
28
(b)
The
tobacco
products
or
electronic
smoking
devices
are
delivered
by
29
use
of
the
mails
or
a
delivery
service.
30
(3)
(4)
"Delivery
service"
means
any
person
who
is
engaged
in
the
com
-
31
mercial
delivery
of
letters,
packages
or
other
containers.
32
(4)
(5)
"Department"
means
the
state
department
of
health
and
welfare
33
or
its
duly
authorized
representative.
34
(6)
"Designated
cigar
garden"
means
a
temporary,
outdoor,
physically
35
enclosed,
or
roped
-
off
area
at
a
public
or
private
event
that
is
strictly
re
-
36
stricted
to
persons
twenty
-
one
(21)
years
of
age
or
older.
37
(5)
(7)
"Distribute"
means
to
give,
deliver,
sell,
offer
to
give,
offer
38
to
deliver,
offer
to
sell
or
cause
any
person
to
do
the
same
or
hire
any
person
39
to
do
the
same.
40
(6)
(8)
"Location"
means
the
street
address
where
tobacco
or
electronic
41
smoking
device
products
are
sold
or
the
uniform
resource
locator
for
retail
-
42
2
ers
who
sell
tobacco
or
electronic
smoking
products
exclusively
via
the
in
-
1
ternet.
2
(7)
(9)
"Minor"
means
a
person
under
twenty
-
one
(21)
years
of
age.
3
(8)
(10)
"Minor
-
exempt
permit"
means
a
permittee
location
whose
rev
-
4
enues
from
the
sale
of
alcoholic
beverages
for
on
-
site
consumption
comprises
5
at
least
fifty
-
five
percent
(55%)
of
total
revenues,
or
whose
products
and
6
services
are
primarily
obscene,
pornographic,
profane,
or
sexually
ori
-
7
ented,
is
exempt
from
inspections
assisted
by
a
minor,
if
minors
are
not
8
allowed
in
the
location
and
such
prohibition
is
posted
clearly
on
all
en
-
9
trance
doors.
10
(11)
"Mobile
cigar
retailer"
means
a
business
permitted
under
this
1
1
chapter
that
exclusively
sells
or
distributes
cigars
and
cigar
-
related
12
products
from
a
non
-
fixed,
mobile
unit,
including
but
not
limited
to
a
motor
13
vehicle
or
trailer.
14
(9)
(12)
"Permit"
means
a
permit
issued
by
the
department
for
the
sale
or
15
distribution
of
tobacco
products
or
electronic
smoking
devices.
16
(10)
(13)
"Permit
endorsement"
means
a
sale
or
delivery
method
used
by
17
the
permittee
to
sell
tobacco
or
electronic
smoking
device
products,
includ
-
18
ing
delivery
sales,
delivery
service,
and
direct
sales.
19
(11)
(14)
"Permittee"
means
the
holder
of
a
valid
permit
for
the
sale
or
20
distribution
of
tobacco
products
or
electronic
smoking
devices.
21
(12)
(15)
"Photographic
identification"
means
state,
district,
terri
-
22
torial,
possession,
provincial,
national
or
other
equivalent
government
23
driver's
license,
identification
card
or
military
card,
in
all
cases
bearing
24
a
photograph
and
a
date
of
birth,
or
a
valid
passport.
25
(13)
(16)
"Random,
unannounced
inspection"
means
an
inspection
of
re
-
26
tail
outlets
by
a
law
enforcement
agency
or
by
the
department,
with
or
with
-
27
out
the
assistance
of
a
minor,
to
monitor
compliance
of
this
chapter.
28
(14)
(17)
"Seller"
means
the
person
who
physically
sells
or
distributes
29
tobacco
products
or
electronic
smoking
devices.
30
(15)(a)
(18)(a)
"Tobacco
product
or
electronic
smoking
device"
means:
31
(i)
Any
substance
containing,
made
of,
or
derived
from
tobacco
32
or
nicotine
that
is
intended
for
human
consumption
or
is
likely
to
33
be
consumed,
whether
inhaled,
absorbed,
or
ingested
by
any
other
34
means,
including
but
not
limited
to
cigarettes,
cigars,
pipes,
35
snuff,
smoking
or
chewing
tobacco,
snus,
tobacco
papers,
or
smoke
-
36
less
tobacco;
37
(ii)
Any
electronic
smoking
device
that
may
be
used
to
deliver
an
38
aerosolized
or
a
vaporized
substance
to
the
person
inhaling
from
39
the
device,
including
but
not
limited
to
an
electronic
cigarette,
40
an
electronic
cigar,
an
electronic
pipe,
a
vape
pen,
or
an
elec
-
41
tronic
hookah,
or
any
component,
part,
or
accessory
of
such
a
42
device,
or
any
substance
intended
to
be
aerosolized
or
vaporized
43
during
use
of
the
device,
whether
or
not
the
substance
contains
44
nicotine,
or
any
heated
or
lighted
device
intended
to
be
used
for
45
inhalation;
or
46
(iii)
Any
components,
parts,
or
accessories
of
a
tobacco
product
47
or
an
electronic
smoking
device,
whether
or
not
they
contain
to
-
48
bacco
or
nicotine,
including
but
not
limited
to
filters,
rolling
49
papers,
blunt
or
hemp
wraps,
and
pipes,
whether
manufactured,
50
3
distributed,
marketed,
or
sold
as
an
electronic
cigarette,
elec
-
1
tronic
cigar,
electronic
hookah,
or
vape
pen,
or
under
any
other
2
product
name
or
descriptor.
3
(b)
The
term
"tobacco
product
or
electronic
smoking
device"
does
not
4
include
drugs,
devices,
or
combinations
of
products
authorized
for
sale
5
by
the
United
States
food
and
drug
administration
as
those
terms
are
de
-
6
fined
in
the
federal
food,
drug,
and
cosmetic
act.
7
(16)
(19)
"Vending
machine"
means
any
mechanical,
electronic,
or
other
8
similar
device
that,
upon
the
insertion
of
tokens,
money
or
any
other
form
of
9
payment,
dispenses
tobacco
products
or
electronic
smoking
devices.
10
(17)
(20)
"Vendor
-
assisted
sales"
means
any
sale
or
distribution
in
1
1
which
the
customer
has
no
access
to
the
product
except
through
the
assistance
12
of
the
seller.
13
(18)
(21)
"Without
a
permit"
means
a
business
that
has
failed
to
obtain
a
14
permit
or
a
business
whose
permit
is
suspended
or
revoked.
15
SECTION
2.
That
Section
39
-
5704,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
39
-
5704.
PERMITTING
OF
TOBACCO
PRODUCTS
OR
ELECTRONIC
SMOKING
DEVICES
18
RETAILERS.
(1)
It
shall
be
unlawful
to
sell
or
distribute
or
offer
tobacco
19
products
or
electronic
smoking
devices
for
sale
or
distribution
at
retail
20
or
to
possess
tobacco
products
or
electronic
smoking
devices
with
the
in
-
21
tention
of
selling
at
retail
without
having
first
obtained
a
tobacco
product
22
or
electronic
smoking
device
permit
from
the
department,
which
shall
be
the
23
only
retail
tobacco
product
or
electronic
smoking
device
permit
or
license
24
required.
Provided
however,
this
section
shall
not
be
deemed
to
require
a
25
wholesaler
or
manufacturer's
representative
or
employees
who,
in
the
course
26
of
their
employment,
stock
shelves
and
replenish
tobacco
products
or
elec
-
27
tronic
smoking
devices
at
a
permittee's
place
of
business
to
obtain
a
permit.
28
(2)
The
department
shall
administer
the
permitting
of
tobacco
product
29
or
electronic
smoking
device
retailers
and
shall
be
authorized
to
ensure
30
compliance
with
this
chapter.
31
(3)
(a)
Permits
shall
be
issued
annually
for
each
permanent
business
lo
-
32
cation
to
ensure
compliance
with
the
requirements
of
this
chapter.
A
33
copy
of
signage
required
by
this
chapter,
and
any
other
materials
deemed
34
necessary
shall
be
provided
with
each
permit
issued.
35
(b)
Permits
for
each
mobile
cigar
retailer
shall
be
issued
annually
to
36
a
specific
mobile
unit
identified
by
a
vehicle
identification
number
37
or
other
unique
serial
number.
A
single
permit
shall
authorize
the
re
-
38
tailer
to
operate
at
various
temporary
locations
throughout
the
state.
39
(4)
A
separate
permit
must
be
obtained
for
each
place
of
business
or
mo
-
40
bile
unit
and
is
nontransferable
to
another
person,
business,
or
location.
41
(5)
The
applicant
shall
select
one
(1)
or
more
permit
endorsements
and
42
make
the
permit
available
upon
request.
43
(6)
A
permittee
may
display
a
sign
in
each
location
within
a
place
of
44
business
where
tobacco
products
or
electronic
smoking
devices
are
sold
or
45
distributed.
A
sign
may
be
clearly
visible
to
the
customer
and
the
seller
and
46
shall
state:
"STATE
LAW
PROHIBITS
THE
SALE
OF
TOBACCO
PRODUCTS
OR
ELECTRONIC
47
SMOKING
DEVICES
TO
PERSONS
UNDER
THE
AGE
OF
TWENTY
-
ONE
(21)
YEARS.
PROOF
OF
48
AGE
REQUIRED.
ANYONE
WHO
SELLS
OR
DISTRIBUTES
TOBACCO
PRODUCTS
OR
ELECTRONIC
49
4
SMOKING
DEVICES
TO
A
PERSON
UNDER
THE
AGE
OF
TWENTY
-
ONE
(21)
YEARS
IS
SUBJECT
1
TO
STRICT
FINES
AND
PENALTIES.
PERSONS
UNDER
THE
AGE
OF
TWENTY
-
ONE
(21)
YEARS
2
ARE
SUBJECT
TO
FINES
AND
PENALTIES."
3
(a)
For
a
mobile
cigar
retailer,
the
sign
described
in
this
subsection
4
and
required
permit
shall
be
permanently
affixed
to
the
interior
or
ex
-
5
terior
of
the
mobile
unit
in
a
location
readily
visible
to
patrons.
6
(b)
When
performing
on
-
site
cigar
rolling
services
or
operating
a
7
designated
cigar
garden
at
various
temporary
locations,
the
permittee
8
shall
display
temporary
signage
at
the
specific
point
of
distribution
9
or
entry.
Such
signage
shall
be
clearly
visible
to
both
the
customer
and
10
the
seller
and
include
the
language
provided
in
this
subsection.
1
1
(7)
Permittees
are
responsible
to
educate
employees
as
to
the
require
-
12
ments
of
this
chapter
and
retain
forms
signed
by
each
employee
stating
that
13
the
employee
understands
such
requirements.
14
(8)
It
shall
be
unlawful
for
the
permittee
to
allow
employees
who
are
15
minors
to
sell
or
distribute
tobacco
products
or
electronic
smoking
devices,
16
except
as
provided
in
this
subsection.
Employees
who
are
minors
may
possess
17
but
not
sell
or
distribute
tobacco
products
or
electronic
smoking
devices
18
in
the
course
of
employment,
for
such
duties
as
stocking
shelves
or
carrying
19
purchases
to
customers'
vehicles,
and
employees
who
are
eighteen
(18)
years
20
to
twenty
(20)
years
of
age
may
sell
or
distribute
tobacco
products
or
elec
-
21
tronic
smoking
devices
in
the
course
and
scope
of
their
employment.
22
(9)
A
permit
shall
be
closed
when
the
permittee
closes
the
business,
no
23
longer
sells
tobacco
or
electronic
smoking
device
products,
moves
to
a
dif
-
24
ferent
physical
location,
or
sells
the
business.
25
(10)
A
permit
shall
be
revoked
when
it
is
determined
that
a
permit
was
26
fraudulently
obtained
to
avoid
penalties
on
an
existing
permit.
27
(11)
All
permits
expire
annually
at
midnight
on
December
31
unless
re
-
28
newed.
The
department
shall
mail
notice
of
renewal
for
permits
at
least
29
ninety
(90)
days
prior
to
expiration.
30
SECTION
3.
That
Section
39
-
5706,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
39
-
5706.
VENDOR
-
ASSISTED
SALES.
(1)
It
shall
be
unlawful
to
sell
or
33
distribute
tobacco
products
or
electronic
smoking
devices
by
any
means
other
34
than
vendor
-
assisted
sales
where
the
customer
has
no
access
to
the
product
35
except
through
the
assistance
of
the
seller.
36
(2)
It
shall
be
unlawful
to
sell
or
distribute
tobacco
products
or
elec
-
37
tronic
smoking
devices
from
vending
machines
or
self
-
service
displays.
38
(3)
Stores
with
tobacco
products
or
electronic
smoking
devices
com
-
39
prising
at
least
seventy
-
five
percent
(75%)
of
total
merchandise
are
exempt
40
from
requiring
vendor
-
assisted
sales
if
minors
are
not
allowed
in
the
store
41
and
such
prohibition
is
posted
clearly
on
all
entrance
doors.
42
(4)
This
section
shall
not
apply
to
a
permitted
mobile
cigar
retailer
43
or
designated
cigar
garden
provided
that
the
mobile
unit
or
designated
cigar
44
garden
is
strictly
restricted
to
persons
twenty
-
one
(21)
years
of
age
or
45
older
and
is
under
the
continuous
supervision
of
the
permittee
or
the
permit
-
46
tee's
employee.
47
5
SECTION
4.
That
Section
39
-
5707,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
39
-
5707.
OPENED
PACKAGES
AND
SAMPLES.
(1)
It
shall
be
unlawful
to
sell
3
or
distribute
tobacco
products
or
electronic
smoking
devices
for
commercial
4
purposes
other
than
in
the
federally
required
sealed
package
provided
by
the
5
manufacturer
with
all
the
required
warning
labels
and
health
warnings.
6
(2)
It
shall
be
unlawful
to
sell
or
distribute
tobacco
products
or
elec
-
7
tronic
smoking
devices
for
free
or
below
the
cost
of
such
products
to
the
8
sellers
or
distributors
of
the
products
for
commercial
or
promotional
pur
-
9
poses
to
members
of
the
general
public
in
public
places
or
at
public
events.
10
(3)
The
requirements
for
original
sealed
manufacturer
packaging
and
1
1
the
prohibition
against
free
distribution
shall
not
apply
to
a
mobile
cigar
12
retailer
providing
on
-
site
cigar
rolling
or
experiential
services
at
a
pri
-
13
vate
or
public
event
restricted
to
persons
of
twenty
-
one
(21)
years
of
age
or
14
older,
provided
that:
15
(a)
The
products
distributed
consist
only
of
cigars
or
natural
tobacco
16
leaves
for
on
-
site
rolling;
and
17
(b)
The
host
of
a
private
event
has
purchased
the
products
at
full
re
-
18
tail
price
for
distribution
to
guests
or
the
consumer
has
purchased
the
19
product
directly.
20
SECTION
5.
That
Section
39
-
5717,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
39
-
5717.
SHIPPING
REQUIREMENTS
-
-
TOBACCO
PRODUCTS
OR
ELECTRONIC
23
SMOKING
DEVICES.
Each
permittee
who
mails
or
ships
tobacco
products
or
24
electronic
smoking
devices
in
connection
with
a
delivery
sale
order
shall
25
include
as
part
of
the
shipping
documents
a
clear
and
conspicuous
statement
26
providing
as
follows:
27
TOBACCO
PRODUCTS
OR
ELECTRONIC
SMOKING
DEVICES:
IDAHO
LAW
PRO
-
28
HIBITS
SHIPPING
TO
INDIVIDUALS
UNDER
THE
AGE
OF
TWENTY
-
ONE
(21)
29
YEARS
AND
REQUIRES
THE
PAYMENT
OF
TAXES
PURSUANT
TO
CHAPTER
25,
TI
-
30
TLE
63,
IDAHO
CODE.
PERSONS
VIOLATING
THIS
LAW
MAY
BE
CIVILLY
AND
31
CRIMINALLY
LIABLE.
32
Anyone
who
delivers
any
such
container
distributes
tobacco
products
or
33
electronic
smoking
devices
as
defined
in
section
39
-
5702
(5)
,
Idaho
Code,
and
34
is
subject
to
the
terms
and
requirements
of
this
chapter.
If
a
permittee
tak
-
35
ing
a
delivery
sale
order
also
delivers
the
tobacco
products
or
electronic
36
smoking
devices
without
using
a
third
-
party
delivery
service,
the
permittee
37
shall
comply
with
all
the
requirements
of
vendor
-
assisted
sales
as
defined
38
in
section
39
-
5702
(17)
,
Idaho
Code.
39
SECTION
6.
That
Section
39
-
8421,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
39
-
8421.
DEFINITIONS.
As
used
in
sections
39
-
8420
through
39
-
8425,
42
Idaho
Code:
43
(1)
The
definitions
set
forth
in
section
39
-
8402,
Idaho
Code,
of
the
44
Idaho
tobacco
master
settlement
agreement
complementary
act,
and
in
this
45
section,
apply
to
sections
39
-
8420
through
39
-
8425,
Idaho
Code.
46
6
(2)
"Cigarette
rolling
machine"
means
any
machine
or
device
that
has
1
the
capability
to
produce
at
least
one
hundred
fifty
(150)
cigarettes
in
less
2
than
thirty
(30)
minutes.
3
(3)
"Cigarette
rolling
machine
operator"
means
any
person
who
owns
or
4
leases
or
otherwise
has
available
for
use
a
cigarette
rolling
machine
and
5
makes
such
a
machine
available
for
use
by
another
person
in
a
commercial
6
setting
in
order
to
manufacture
a
cigarette.
No
person
shall
be
deemed
a
7
cigarette
rolling
machine
operator
based
solely
upon
that
person's
manufac
-
8
ture,
sale,
enabling,
disabling,
or
repair
of
a
cigarette
rolling
machine.
9
(4)
"Minor"
has
the
same
meaning
as
that
term
is
defined
in
section
10
39
-
5702
(7)
,
Idaho
Code.
1
1
(5)
"Person"
means
natural
persons,
corporations
both
foreign
and
do
-
12
mestic,
trusts,
partnerships
both
limited
and
general,
incorporated
or
un
-
13
incorporated
associations,
companies,
business
entities,
and
any
other
le
-
14
gal
entity,
or
any
other
group
associated
in
fact
although
not
a
legal
en
-
15
tity.
16
(6)
"Tobacco
products"
means
any
substance
that
contains
tobacco,
17
including
but
not
limited
to
cigarettes,
cigars,
pipes,
snuff,
smoking
to
-
18
bacco,
tobacco
papers,
or
smokeless
tobacco.
19
SECTION
7.
That
Section
56
-
227F,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
56
-
227F.
PUBLIC
ASSISTANCE
BENEFIT
CARDS
-
-
PROHIBITED
USES.
(1)
Any
22
recipient
of
public
assistance
is
prohibited
from
using
public
assistance
23
benefit
cards
or
cash
obtained
with
public
assistance
benefit
cards:
24
(a)
For
the
purpose
of
participating
in
any
of
the
activities
described
25
under
chapters
38
and
49,
title
18,
Idaho
Code,
or
authorized
pursuant
26
to
any
state
-
tribal
gaming
compact
under
section
67
-
429A,
Idaho
Code;
27
(b)
For
the
purpose
of
pari
-
mutuel
betting
authorized
under
chapter
25,
28
title
54,
Idaho
Code;
29
(c)
To
purchase
lottery
tickets
or
shares
authorized
under
chapter
74,
30
title
67,
Idaho
Code;
31
(d)
For
the
purpose
of
participating
in
or
purchasing
tattoo,
branding
32
or
body
piercing
services
as
defined
in
section
18
-
1523,
Idaho
Code;
33
(e)
To
purchase
cigarettes
as
defined
in
section
39
-
7802(d),
Idaho
34
Code,
or
tobacco
products
or
electronic
smoking
devices
as
defined
in
35
section
39
-
5702
(15)
,
Idaho
Code;
36
(f)
To
purchase
any
items
regulated
under
title
23,
Idaho
Code;
37
(g)
For
the
purpose
of
adult
entertainment
at
venues
with
performances
38
that
contain
sexually
oriented
material
where
minors
under
the
age
of
39
eighteen
(18)
years
are
prohibited;
or
40
(h)
For
the
purpose
of
purchasing
or
participating
in
any
activities
in
41
any
location
listed
in
subsection
(2)
of
this
section.
42
(2)
The
following
businesses
are
required
to
comply
with
the
provisions
43
of
this
section:
44
(a)
Any
establishment
or
business
licensed
under
chapter
9,
title
23,
45
Idaho
Code;
46
(b)
State
liquor
stores
defined
under
section
23
-
902,
Idaho
Code,
with
47
the
exception
of
special
distributors
as
referenced
in
chapter
3,
title
48
23,
Idaho
Code;
49
7
(c)
Any
business
or
agency
that
issues
or
underwrites
bail
bonds
as
de
-
1
fined
in
section
41
-
1038(3),
Idaho
Code;
2
(d)
Gambling
establishments
licensed
under
Idaho
law;
3
(e)
Any
business
or
establishment
that
offers
tattoo,
body
piercing
or
4
branding
services
as
defined
in
section
18
-
1523,
Idaho
Code;
5
(f)
Adult
entertainment
venues
with
performances
that
contain
sexually
6
oriented
material
where
minors
under
the
age
of
eighteen
(18)
years
are
7
prohibited;
and
8
(g)
Any
establishment
where
persons
under
the
age
of
eighteen
(18)
9
years
are
not
permitted.
10
(3)
The
department
shall
notify
any
business
determined
to
be
in
viola
-
1
1
tion
of
the
provisions
of
subsection
(2)
of
this
section
and
the
licensing
12
authority
of
any
such
business,
if
applicable,
that
such
business
has
con
-
13
tinued
to
allow
the
use
of
a
public
assistance
benefit
card
in
violation
of
14
subsection
(2)
of
this
section.
The
department
may
require
the
Idaho
quest
15
electronic
benefits
transfer
(EBT)
card
business
identification
number
16
(BIN)
be
disabled
at
any
business
found
to
be
in
violation
of
subsection
(2)
17
of
this
section.
Any
business
in
violation
of
subsection
(2)
of
this
section
18
may
also
be
required
to
deny
all
public
assistance
cash
transactions
made
19
with
an
Idaho
quest
EBT
card
at
any
automated
teller
machine
(ATM)
located
20
in
their
establishment.
All
costs
associated
with
disabling
the
BIN
and
ATM
21
will
be
the
responsibility
of
such
business
owner.
22
(4)
Only
the
recipient,
an
eligible
member
of
the
recipient's
house
-
23
hold
or
the
recipient's
authorized
representative
may
use
a
public
assis
-
24
tance
benefit
card
or
the
benefit,
and
such
use
shall
only
be
for
the
re
-
25
spective
benefit
program
purposes.
The
recipient
shall
not
sell,
attempt
to
26
sell,
exchange
or
donate
a
public
assistance
benefit
card
or
any
benefits
to
27
any
other
person
or
entity.
28
(5)
A
violation
of
subsection
(1)
or
(4)
of
this
section
by
a
recipient
29
constitutes
a
misdemeanor.
30
(a)
The
department
shall
notify
all
recipients
of
public
assistance
31
benefit
cards
that
any
violation
of
subsection
(1)
or
(4)
of
this
sec
-
32
tion
could
result
in
legal
proceedings
and
forfeiture
of
all
cash
public
33
assistance.
34
(b)
Whenever
the
department
has
confirmed
that
a
person
has
violated
35
subsection
(1)
or
(4)
of
this
section,
the
department
shall
notify
the
36
person
in
writing
that
the
violation
could
result
in
legal
proceedings
37
and
forfeiture
of
all
cash
public
assistance.
38
(6)
As
used
in
this
section,
"public
assistance"
or
"public
assistance
39
benefit"
means
benefits
provided
to
a
recipient
pursuant
to
the
temporary
40
assistance
for
families
in
Idaho
(TAFI)
program
on
an
Idaho
quest
EBT
card
41
account.
42
(7)
This
section
shall
be
enforced
by
the
director
of
the
department
of
43
health
and
welfare
in
cooperation
with
local
law
enforcement
and
prosecuting
44
agencies.
45
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
46
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
47
July
1,
2026.
48