Amends language added by House Bill 645 regarding the Portable Benefit Plan Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 931 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO THE PORTABLE BENEFIT PLAN ACT; AMENDING SECTION 44-2802, IDAHO2 CODE, AS ADDED IN SECTION 1 OF HOUSE BILL NO. 645, IF ENACTED BY THE SEC-3 OND REGULAR SESSION OF THE SIXTY-EIGHTH IDAHO LEGISLATURE, TO REMOVE A4 DEFINITION; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Sections 44-2802, Idaho Code, as added in Section 1 of7 House Bill No. 645, if enacted by the Second Regular Session of the Sixty-8 eighth Idaho Legislature, be, and the same is hereby amended to read as fol-9 lows:10 44-2802. DEFINITIONS. For the purposes of this chapter:11 (1) "Bank" means a state bank, national bank, credit union, out-of-12 state state-chartered bank, or foreign bank organized under the laws of a13 territory of the United States, the Commonwealth of Puerto Rico, Guam, Amer-14 ican Samoa, the United States Virgin Islands, or Greenland with deposits15 insured by the federal deposit insurance corporation.16 (2) "Department" means the Idaho department of insurance.17 (3) (2) "Hiring party" means a person or entity who hires or enters into18 a contract with an independent contractor.19 (4) (3) "Independent contractor" means any person who renders service20 for a specified recompense for a specified result, under the right to control21 or actual control of the independent contractor's principal as to the result22 of the independent contractor's work only and not as to the means by which23 such result is accomplished.24 (5) (4) "Portable benefit account" means an account owned by an inde-25 pendent contractor to fund the purchase of one (1) or more benefit plans.26 (6) (5) "Portable benefit account provider" means the administrator of27 a portable benefit account and includes:28 (a) A bank;29 (b) An investment management firm;30 (c) A technology provider or program manager that offers services31 through a bank or investment management firm; or32 (d) Any other person who demonstrates to the satisfaction of the33 department that the manner in which the person will administer the34 portable benefit account will be consistent with the portable benefit35 account requirements under this chapter.36 (7) (6) "Portable benefit plan" means a benefit plan:37 (a) Administered by a third party benefit plan provider chosen by an in-38 dependent contractor and assigned to a beneficiary rather than to a hir-39 ing party; and40 (b) Includes but is not limited to:41 (i) Disability insurance;42

2 (ii) Health insurance;1 (iii) Income replacement insurance;2 (iv) Life insurance;3 (v) Retirement benefits; or4 (vi) Unemployment insurance.5

SECTION 2. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8