Amends existing law to establish an Idaho residency requirement to receive funds from ICAR.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 576 BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT1 RELATING TO THE IDAHO CONSUMER ASSET RECOVERY FUND; AMENDING SECTION2 49-1608E, IDAHO CODE, TO ESTABLISH PROVISIONS FOR IDAHO RESIDENTS; AND3 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 49-1608E, Idaho Code, be, and the same is hereby6 amended to read as follows:7 49-1608E. SUBMISSION OF CLAIMS. (1) Except as otherwise provided in8 this section, whenever any person an Idaho resident or a person who was an9 Idaho resident at the time of purchase is awarded a final judgment certified10 in a court of competent jurisdiction in the state of Idaho for:11 (a) Any actual loss or damage in connection with the purchase or lease12 of a motor vehicle by reason of any fraud practiced on him or fraudulent13 representation made to him by a licensed motor vehicle dealer; or14 (b) Any actual loss or damage by reason of a violation by a dealer of any15 of the provisions of chapter 6, title 48, Idaho Code, chapter 5, title16 49, Idaho Code, or section 49-1418, Idaho Code, in connection with the17 purchase or lease of a motor vehicle on or after July 1, 2014,;18 the judgment creditor may file a verified claim with the board requesting19 payment from the fund of the amount unpaid on the judgment.20 (2) Verified claims filed pursuant to subsection (1) of this section21 shall be subject to the following conditions:22 (i) (a) Unless the judgment has been appealed, the claim shall be filed23 with the department, acting on behalf of the board, no sooner than24 forty-five (45) days and no later than one (1) year after the judgment25 becomes final.26 (ii) (b) The board shall not consider claims submitted by motor vehicle27 dealers, financial institutions or institutions providing floorplans28 for motor vehicle dealers.29 (2) (3) To For a person to be eligible to receive any payment from the30 fund, any such person must be an Idaho resident or an Idaho resident at the31 time of the purchase of the motor vehicle. Any action instituted by a person32 against a licensee that may become a claim against the fund shall be served to33 the board in a manner consistent with the provisions of section 48-613, Idaho34 Code.35

SECTION 2. An emergency existing therefor, which emergency is hereby36 declared to exist, this act shall be in full force and effect on and after37 July 1, 2026.38