Amends existing law to revise provisions regarding camping and to revise a provision regarding disposition of property.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 603 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO THE CAPITOL MALL; AMENDING SECTION 67-1613, IDAHO CODE, TO RE-2 VISE PROVISIONS REGARDING CAMPING, TO PROVIDE FOR TEMPORARY CANOPIES,3 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1613A, IDAHO4 CODE, TO REVISE A PROVISION REGARDING DISPOSITION OF PROPERTY; AMENDING5 SECTION 67-5709, IDAHO CODE, TO REVISE A PROVISION REGARDING MANAGEMENT6 OF STATE FACILITIES AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN7 EMERGENCY.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 67-1613, Idaho Code, be, and the same is hereby10 amended to read as follows:11 67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES -- CAMP-12 ING PROHIBITED. (1) No person shall camp on or in any state-owned or leased13 property or facility, including, but not limited to, the capitol mall, ex-14 cept those that are designated as a recreational camping ground, area or fa-15 cility. Any symbolic tents or other enclosed structures shall be removed16 from 9:00 p.m. local time to 6:00 a.m. local time, unless otherwise provided17 for in any applicable rules promulgated by the department of administration.18 The provisions of this section shall not apply or affect policies, rules,19 statutes or leases on endowment lands, department of parks and recreation20 lands or department of fish and game lands. For the purposes of this section,21 the term "camp" or "camping" means to use as a temporary or permanent place of22 dwelling, lodging or living accommodation, and which indicia of camping may23 include, but are not limited to, storing personal belongings, using tents or24 other temporary structures for storing personal belongings or for sleeping,25 carrying on cooking activities, laying out bedding or making any fire. Any26 person who violates the provisions of this section shall be guilty of an in-27 fraction. Such persons shall be required to remove all their personal prop-28 erty from the state-owned or leased property.29 (2) As used in this section:30 (a) "Camp" or "camping" means to erect tents or other enclosed struc-31 tures on state-owned or leased property or facilities at any time be-32 tween sunset and sunrise, the use of state-owned or leased property or33 facilities as a temporary or permanent place of dwelling, lodging, res-34 idence, or living accommodation at any time, or any conduct that consti-35 tutes the indicia of camping.36 (b) "Indicia of camping" may include but is not limited to storing per-37 sonal belongings, storing food for future days, using tents or other38 temporary structures for storing personal belongings or food or for39 sleeping or lying down, carrying on cooking activities, sleeping or40 making preparations to sleep, including laying out a sleeping bag,41

2 blanket, or other material used for bedding, making any fire, or doing1 any digging or earth breaking.2 (3) Any person who violates the provisions of this section shall3 be guilty of an infraction. Regardless of whether a citation is issued,4 such person shall be required to remove all his personal property from the5 state-owned or leased property or facility.6 (4) Nothing in this section shall preclude a person from erecting a tem-7 porary side-free canopy or other similar cover without side walls to stay dry8 during periods of rain or snow, including from sunset to sunrise, as long as9 it is not used for sleeping or camping and it complies with any rules promul-10 gated by the department of administration.11

SECTION 2. That Section 67-1613A, Idaho Code, be, and the same is hereby12 amended to read as follows:13 67-1613A. DISPOSITION OF PROPERTY. Any property remaining after is-14 suance of a citation, any property on state property in violation of an Idaho15 statute or administrative rule, or any property left unattended shall be16 held by the agency or its agent removing the property in a secure location for17 a period of not less than ninety (90) days. Notice shall be posted and remain18 at the nearest reasonable location to the place of removal with the agency's19 or agent's contact information for the ninety (90) day period. If property20 is not claimed within the ninety (90) day period, the property shall be21 deemed abandoned and the agency shall have the right to dispose of the prop-22 erty. A reasonable storage fee as determined by the agency may be assessed at23 the time an owner claims the property. The individual claiming the property24 shall produce identification and shall sign a release form providing his or25 her name and contact information and swearing that the property belongs to26 the claiming party. If the provisions of this section are complied with, the27 state of Idaho, its agents, employees and contractors shall be immune from28 legal liability for the administration of this section.29

SECTION 3. That Section 67-5709, Idaho Code, be, and the same is hereby30 amended to read as follows:31 67-5709. MANAGEMENT OF STATE FACILITIES. (1) In addition to the32 authority granted by section 67-1603, Idaho Code, the director of the de-33 partment of administration shall have exclusive control of the capitol mall34 properties identified in subsection (2) of this section and, where not oth-35 erwise established by law, multi-agency multiagency facilities owned or36 leased by the state of Idaho. The department of administration shall have37 authority to promulgate rules relating to use of those properties, including38 the authority to promulgate rules requiring a permit for various uses of the39 properties. Violations of rules promulgated under this section shall be in-40 fractions. The director shall have authority to sue to enjoin any threatened41 or continuing violation of such rules.42 (2) Except as otherwise provided by law, the capitol mall properties43 shall include state of Idaho lands and buildings, together with any ap-44 purtenant grounds and systems, including, but not limited to, electrical,45 plumbing, sewer, water, heating, ventilation and air conditioning systems46 as well as geothermal systems and tunnels, located between blocks one (1)47

3 and one hundred thirty-six (136) as shown on the Boise City city original1 townsite plat filed in the Ada County county recorder's office in book 1 on2 page 1. Subject to the following, the capitol mall properties shall may be3 identified in rules promulgated pursuant to this section:4 (a) At a minimum, the capitol mall properties shall consist of the fol-5 lowing grounds, buildings, improvements and real property in Boise,6 Idaho: Joe R. Williams (700 W. State street), Len B. Jordan (650 W.7 State street), Pete T. Cenarrusa (450 W. State street), Division of8 Public Works (502 N. 4th street), Alexander House (304 W. State street),9 State Library (325 W. State street), Secretary of State (450 N. 4th10 street), 954 Jefferson (954 W. Jefferson street), Capitol Annex (514 W.11 Jefferson street), Borah Building (304 N. 8th street), and Steunenberg12 Monument Park (intersection of Capitol boulevard and Bannock street),13 and the Idaho Supreme Court (451 W. State street); provided, that the14 Idaho supreme court may regulate uses at the Idaho supreme court build-15 ing and its grounds.16 (b) The parking facilities, including appurtenant grounds and systems,17 at the following locations in Boise, Idaho, shall also be within the18 capitol mall properties: West State street parking facility, occupying19 block 101 as shown on the Boise City city original townsite plat; 3rd20 street and Washington street parking facility, occupying a portion of21 block 105 as shown on the Boise City city original townsite plat; 6th22 street and Washington street parking facility, occupying a portion of23 block 96 as shown on the Boise City city original townsite plat; 8th24 street and Jefferson street parking facility, occupying a portion of25 block 66 as shown on the Boise City city original townsite plat; and 10th26 street and Jefferson parking facility, occupying a portion of block 6827 as shown on the Boise City city original townsite plat.28 (c) The space within the interior of the capitol building shall be al-29 located and controlled as set forth in section 67-1602, Idaho Code; pro-30 vided however, that the executive and legislative departments may sub-31 ject all or a part of such space to the rules promulgated pursuant to32 this section as set forth in subsection (3) of this section.33 (3) Rules promulgated pursuant to this section shall apply to proper-34 ties not described in subsection (1) of this section upon the request of the35 state of Idaho public entity owning or controlling the property. When such36 a request has been made, the property subject to the request shall be iden-37 tified by the director of the department of administration in rules promul-38 gated under pursuant to this section. Violations of the rules adopted under39 pursuant to this section shall be infractions. The director of the depart-40 ment of administration and the governing authority of the requesting entity41 shall have the authority to sue to enjoin any threatened or continuing vio-42 lation of such rules. All state law enforcement personnel, any sheriff or43 deputy sheriff in a county in which the property is located and any police of-44 ficer in a city in which the property is located shall have authority to en-45 force the rules for that property.46 (4) Responsibility for law enforcement at the capitol mall properties47 is vested in the director of the Idaho state police. In coordination with the48 director of the Idaho state police, Ada County county and the city of Boise49 are granted jurisdiction to enforce the laws of the state of Idaho, the or-50

4 dinances of Ada County county, the ordinances of the city of Boise and the1 rules promulgated pursuant to this section. The director of the department2 of administration, or his designee, shall be responsible for security at the3 capitol mall properties and has the authority to contract with private con-4 tractors to provide security for persons and property at the capitol mall5 properties.6 (5) The director of the department of administration may pay person-7 nel costs and operating expenditures incurred in the operation and manage-8 ment of the capitol mall properties and the multiagency facilities from the9 rents received therefrom. In addition to funding annual operating costs,10 rental rates at multiagency facilities shall include a provision sufficient11 to provide for the long-term maintenance and upkeep of the facilities, sub-12 ject to the review and approval of the permanent building fund advisory coun-13 cil. Proceeds accruing from such rental contracts and lease agreements af-14 ter payment of personnel costs and operating expenditures which that are in15 excess of two hundred thousand dollars ($200,000) at the end of the fiscal16 year shall be deposited to the credit of the permanent building fund and ac-17 counted for separately for each property. Proceeds from the rental of park-18 ing spaces at the capitol mall shall be deposited upon receipt to the credit19 of the permanent building fund. Said proceeds shall not be expended without20 an appropriation and shall only be appropriated for the security, mainte-21 nance and upkeep of the property generating the proceeds.22 (6) Nothing contained in this section shall be deemed to give the de-23 partment of administration control or management over the garden level, or24 the first, third or fourth floors of the state capitol building, which are25 vested with the legislative branch of government.26

SECTION 4. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after its28 passage and approval.29