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H 90

PUBLIC ASSISTANCE – Amends existing law to require legislative action for certain changes to public assistance programs.

68th Legislature, 1st Regular Session (2025)

HB 90 requires any expansion of public assistance eligibility or benefits to be enacted in statute, not via rules or guidance; effective July 1, 2025 with emergency clause.

Reported Signed by Governor on March 19, 2025 Session Law Chapter 103 Effective: 07/01/2025
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Bill Summary · H 90

Summary of Idaho House Bill 90 (HB 90) – Public Assistance

Overview

HB 90 amends Idaho’s public assistance law to require legislative action for certain changes to public assistance programs. Specifically, it restricts changes to eligibility criteria or benefits so that such changes must be enacted in statute, rather than implemented through rules, state plans, state plan amendments, agency guidance, or other documents. The bill includes an emergency clause and specifies an effective date.

Key Provisions

  • Main requirement: Starting July 1, 2025, any change that would
    • expand eligibility criteria for a public assistance program, or
    • expand the benefit provided by a public assistance program must be provided in statute. It may not be implemented via:
    • rules,
    • state plans or state plan amendments,
    • agency guidance, or
    • other documents.
  • Agency guidance definition: “Agency guidance” is defined as having the same meaning as in Idaho Code § 67-5250.
  • Emergency clause: The act includes an emergency provision, with full force and effect on and after July 1, 2025.
  • Effective date: Although the emergency clause is included, the statutory language sets the active date as July 1, 2025.

Fiscal Impact

  • The fiscal note states there is no expected increase or decrease in revenue or expenditures at the state or local level; no fiscal impact is anticipated.

Affected Parties and Impacts

  • State agencies administering public assistance (notably the Idaho Department of Health and Welfare) would be constrained from changing eligibility criteria or benefits through non-statutory mechanisms.
  • Legislature would be the sole pathway to change financial eligibility or benefits for public assistance programs.
  • Public assistance program participants could experience changes in how eligibility or benefits are adjusted, due to the requirement that such changes be enacted Statutorily rather than by rule or guidance.

Timeline and Legislative History

  • Introduced: January 30, 2025
  • Passed House and Senate in March 2025
  • Delivered to Governor: March 13–14, 2025
  • Governor signed: March 19, 2025
  • Session Law Chapter: 103
  • Effective: July 1, 2025

Notes

  • The bill’s purpose is to ensure legislative oversight over changes that affect who qualifies for aid and how much aid is provided, by restricting non-statutory changes and requiring explicit statutory action.

Compiled from official sources — confirm details with the bill’s official record.

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