Amends existing law to provide that certain persons may be banned from the Capitol building, the Supreme Court building, Capitol Mall properties, and multiagency facilities.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 523 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO THE CAPITOL MALL; AMENDING SECTION 67-1605, IDAHO CODE, TO PRO-2 VIDE THAT CERTAIN PERSONS MAY BE BANNED FROM THE CAPITOL BUILDING AND3 THE SUPREME COURT BUILDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING4 SECTION 67-1613, IDAHO CODE, TO REVISE PROVISIONS REGARDING CAMPING,5 TO PROVIDE FOR TEMPORARY CANOPIES, AND TO MAKE TECHNICAL CORRECTIONS;6 AMENDING SECTION 67-1613A, IDAHO CODE, TO REVISE A PROVISION REGARDING7 DISPOSITION OF PROPERTY; AMENDING SECTION 67-5709, IDAHO CODE, TO PRO-8 VIDE THAT CERTAIN PERSONS MAY BE BANNED FROM CAPITOL MALL PROPERTIES AND9 MULTIAGENCY FACILITIES, TO REVISE A PROVISION REGARDING MANAGEMENT OF10 STATE FACILITIES, AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN11 EMERGENCY.12

Be It Enacted by the Legislature of the State of Idaho:13

SECTION 1. That Section 67-1605, Idaho Code, be, and the same is hereby14 amended to read as follows:15 67-1605. LAW ENFORCEMENT AND SECURITY. (1) Responsibility for law en-16 forcement at the capitol building and the supreme court building is vested in17 the director of the Idaho state police. In coordination with the director of18 the Idaho state police, Ada County county and Boise City city are granted ju-19 risdiction to enforce the laws of the state of Idaho and the ordinances of Ada20 County county and Boise City city for the capitol building and the supreme21 court building. The director of the department of administration, or his de-22 signee, shall be responsible for security in the capitol building and the23 supreme court building and has the authority to contract with private con-24 tractors to provide security for persons and property in the capitol build-25 ing and the supreme court building.26 (2) The director of the department of administration, the director of27 the Idaho state police, and their respective designees shall have authority28 to ban a person from being present at the capitol building and the supreme29 court building for a period of one (1) year upon a finding, in their sole30 discretion, that the person: refused to comply with lawful orders of govern-31 ment officials or peace officers; violated one (1) or more laws, rules, or32 regulations governing conduct at the capitol building or the supreme court33 building; threatened to or disrupted the conduct of legitimate government34 business; or threatened the safety of persons or property. Any person banned35 shall contact the department of administration security office should he36 have legitimate business to conduct with state agencies that requires him to37 be present on any property subject to the ban. Any person who violates a ban38 imposed pursuant to the provisions of this section shall be subject to the39 criminal penalties provided in section 18-7008, Idaho Code.40

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SECTION 2. That Section 67-1613, Idaho Code, be, and the same is hereby1 amended to read as follows:2 67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES -- CAMP-3 ING PROHIBITED. (1) No person shall camp on or in any state-owned or leased4 property or facility, including, but not limited to, the capitol mall, ex-5 cept those that are designated as a recreational camping ground, area or fa-6 cility. Any symbolic tents or other enclosed structures shall be removed7 from 9:00 p.m. local time to 6:00 a.m. local time, unless otherwise provided8 for in any applicable rules promulgated by the department of administration.9 The provisions of this section shall not apply or affect policies, rules,10 statutes or leases on endowment lands, department of parks and recreation11 lands or department of fish and game lands. For the purposes of this section,12 the term "camp" or "camping" means to use as a temporary or permanent place of13 dwelling, lodging or living accommodation, and which indicia of camping may14 include, but are not limited to, storing personal belongings, using tents or15 other temporary structures for storing personal belongings or for sleeping,16 carrying on cooking activities, laying out bedding or making any fire. Any17 person who violates the provisions of this section shall be guilty of an in-18 fraction. Such persons shall be required to remove all their personal prop-19 erty from the state-owned or leased property.20 (2) As used in this section:21 (a) "Camp" or "camping" means to erect tents or other enclosed struc-22 tures on state-owned or leased property or facilities at any time be-23 tween sunset and sunrise, the use of state-owned or leased property or24 facilities as a temporary or permanent place of dwelling, lodging, res-25 idence, or living accommodation at any time, or any conduct that consti-26 tutes the indicia of camping.27 (b) "Indicia of camping" may include but is not limited to storing per-28 sonal belongings, storing food for future days, using tents or other29 temporary structures for storing personal belongings or food or for30 sleeping or lying down, carrying on cooking activities, sleeping or31 making preparations to sleep, including laying out a sleeping bag,32 blanket, or other material used for bedding, making any fire, or doing33 any digging or earth breaking.34 (3) Any person who violates the provisions of this section shall35 be guilty of an infraction. Regardless of whether a citation is issued,36 such person shall be required to remove all his personal property from the37 state-owned or leased property or facility.38 (4) Nothing in this section shall preclude a person from erecting a tem-39 porary side-free canopy or other similar cover without side walls to stay dry40 during periods of rain or snow, including from sunset to sunrise, as long as41 it is not used for sleeping or camping and it complies with any rules promul-42 gated by the department of administration.43

SECTION 3. That Section 67-1613A, Idaho Code, be, and the same is hereby44 amended to read as follows:45 67-1613A. DISPOSITION OF PROPERTY. Any property remaining after is-46 suance of a citation, any property on state property in violation of an Idaho47 statute or administrative rule, or any property left unattended shall be48

3 held by the agency or its agent removing the property in a secure location for1 a period of not less than ninety (90) days. Notice shall be posted and remain2 at the nearest reasonable location to the place of removal with the agency's3 or agent's contact information for the ninety (90) day period. If property4 is not claimed within the ninety (90) day period, the property shall be5 deemed abandoned and the agency shall have the right to dispose of the prop-6 erty. A reasonable storage fee as determined by the agency may be assessed at7 the time an owner claims the property. The individual claiming the property8 shall produce identification and shall sign a release form providing his or9 her name and contact information and swearing that the property belongs to10 the claiming party. If the provisions of this section are complied with, the11 state of Idaho, its agents, employees and contractors shall be immune from12 legal liability for the administration of this section.13

SECTION 4. That Section 67-5709, Idaho Code, be, and the same is hereby14 amended to read as follows:15 67-5709. MANAGEMENT OF STATE FACILITIES. (1) In addition to the16 authority granted by section 67-1603, Idaho Code, the director of the de-17 partment of administration shall have exclusive control of the capitol mall18 properties identified in subsection (2) of this section and, where not oth-19 erwise established by law, multi-agency multiagency facilities owned or20 leased by the state of Idaho. The department of administration shall have21 authority to promulgate rules relating to use of those properties, including22 the authority to promulgate rules requiring a permit for various uses of the23 properties. Violations of rules promulgated under this section shall be in-24 fractions. The director shall have authority to sue to enjoin any threatened25 or continuing violation of such rules.26 (2) Except as otherwise provided by law, the capitol mall properties27 shall include state of Idaho lands and buildings, together with any ap-28 purtenant grounds and systems, including, but not limited to, electrical,29 plumbing, sewer, water, heating, ventilation and air conditioning systems30 as well as geothermal systems and tunnels, located between blocks one (1)31 and one hundred thirty-six (136) as shown on the Boise City city original32 townsite plat filed in the Ada County county recorder's office in book 1 on33 page 1. Subject to the following, the capitol mall properties shall may be34 identified in rules promulgated pursuant to this section:35 (a) At a minimum, the capitol mall properties shall consist of the fol-36 lowing grounds, buildings, improvements and real property in Boise,37 Idaho: Joe R. Williams (700 W. State street), Len B. Jordan (650 W.38 State street), Pete T. Cenarrusa (450 W. State street), Division of39 Public Works (502 N. 4th street), Alexander House (304 W. State street),40 State Library (325 W. State street), Secretary of State (450 N. 4th41 street), 954 Jefferson (954 W. Jefferson street), Capitol Annex (514 W.42 Jefferson street), Borah Building (304 N. 8th street), and Steunenberg43 Monument Park (intersection of Capitol boulevard and Bannock street),44 and the Idaho Supreme Court (451 W. State street); provided, that the45 Idaho supreme court may regulate uses at the Idaho supreme court build-46 ing and its grounds.47 (b) The parking facilities, including appurtenant grounds and systems,48 at the following locations in Boise, Idaho, shall also be within the49

4 capitol mall properties: West State street parking facility, occupying1 block 101 as shown on the Boise City city original townsite plat; 3rd2 street and Washington street parking facility, occupying a portion of3 block 105 as shown on the Boise City city original townsite plat; 6th4 street and Washington street parking facility, occupying a portion of5 block 96 as shown on the Boise City city original townsite plat; 8th6 street and Jefferson street parking facility, occupying a portion of7 block 66 as shown on the Boise City city original townsite plat; and 10th8 street and Jefferson parking facility, occupying a portion of block 689 as shown on the Boise City city original townsite plat.10 (c) The space within the interior of the capitol building shall be al-11 located and controlled as set forth in section 67-1602, Idaho Code; pro-12 vided however, that the executive and legislative departments may sub-13 ject all or a part of such space to the rules promulgated pursuant to14 this section as set forth in subsection (3) of this section.15 (3) Rules promulgated pursuant to this section shall apply to proper-16 ties not described in subsection (1) of this section upon the request of the17 state of Idaho public entity owning or controlling the property. When such18 a request has been made, the property subject to the request shall be iden-19 tified by the director of the department of administration in rules promul-20 gated under pursuant to this section. Violations of the rules adopted under21 pursuant to this section shall be infractions. The director of the depart-22 ment of administration and the governing authority of the requesting entity23 shall have the authority to sue to enjoin any threatened or continuing vio-24 lation of such rules. All state law enforcement personnel, any sheriff or25 deputy sheriff in a county in which the property is located and any police of-26 ficer in a city in which the property is located shall have authority to en-27 force the rules for that property.28 (4) Responsibility for law enforcement at the capitol mall properties29 is vested in the director of the Idaho state police. In coordination with30 the director of the Idaho state police, Ada County county and the city of31 Boise are granted jurisdiction to enforce the laws of the state of Idaho,32 the ordinances of Ada County county, the ordinances of the city of Boise and33 the rules promulgated pursuant to this section. The director of the depart-34 ment of administration, or his designee, shall be responsible for security35 at the capitol mall properties and has the authority to contract with pri-36 vate contractors to provide security for persons and property at the capitol37 mall properties. The director of the department of administration, the di-38 rector of the Idaho state police, and their respective designees shall have39 authority to ban a person from being present at the capitol mall properties40 and the multiagency facilities for a period of one (1) year upon a finding,41 in their sole discretion, that the person: refused to comply with lawful42 orders of government officials or peace officers; violated one (1) or more43 laws, rules, or regulations governing conduct at the capitol mall proper-44 ties or multiagency facilities; threatened to or disrupted the conduct of45 legitimate government business; or threatened the safety of persons or prop-46 erty. Any person banned shall contact the department of administration se-47 curity office should he have legitimate business to conduct with state agen-48 cies that requires him to be present on any property subject to the ban. Any49 person who violates a ban imposed pursuant to the provisions of this sec-50

5 tion shall be subject to the criminal penalties provided in section 18-7008,1 Idaho Code.2 (5) The director of the department of administration may pay person-3 nel costs and operating expenditures incurred in the operation and manage-4 ment of the capitol mall properties and the multiagency facilities from the5 rents received therefrom. In addition to funding annual operating costs,6 rental rates at multiagency facilities shall include a provision sufficient7 to provide for the long-term maintenance and upkeep of the facilities, sub-8 ject to the review and approval of the permanent building fund advisory coun-9 cil. Proceeds accruing from such rental contracts and lease agreements af-10 ter payment of personnel costs and operating expenditures which that are in11 excess of two hundred thousand dollars ($200,000) at the end of the fiscal12 year shall be deposited to the credit of the permanent building fund and ac-13 counted for separately for each property. Proceeds from the rental of park-14 ing spaces at the capitol mall shall be deposited upon receipt to the credit15 of the permanent building fund. Said proceeds shall not be expended without16 an appropriation and shall only be appropriated for the security, mainte-17 nance and upkeep of the property generating the proceeds.18 (6) Nothing contained in this section shall be deemed to give the de-19 partment of administration control or management over the garden level, or20 the first, third or fourth floors of the state capitol building, which are21 vested with the legislative branch of government.22

SECTION 5. An emergency existing therefor, which emergency is hereby23 declared to exist, this act shall be in full force and effect on and after its24 passage and approval.25