CAPITOL MALL – Amends existing law to revise provisions regarding camping and to revise a provision regarding disposition of property.
House Bill 603 revises Idaho law governing camping and other uses of state-owned or state-leased property, with a particular focus on the Capitol Mall in Boise. The bill keeps the general prohibition on camping on state property, but clarifies and expands the definition of “camp” and “indicia of camping,” including activities such as sleeping, storing belongings or food, cooking, and making fire. It also specifically addresses “symbolic tents” and other enclosed structures, requiring them to be removed overnight unless allowed by Department of Administration rules.
The bill creates an express exception allowing a temporary side-free canopy or similar cover without side walls to be used for protection from rain or snow, so long as it is not used for sleeping or camping and complies with administrative rules. It also revises the rules for handling property removed from state property, requiring agencies to hold such property for at least 90 days, post notice, and allow owners to reclaim it with identification and a signed release. In addition, the bill updates the Department of Administration’s authority over Capitol Mall and certain multi-agency facilities, including rulemaking, enforcement, security, and use of rental revenues for maintenance and security. The act contains an emergency clause, making it effective immediately upon passage and approval.
The bill amends Idaho Code sections 67-1613, 67-1613A, and 67-5709. It strengthens the state’s authority to regulate camping and overnight structures on Capitol Mall and other state-owned or leased property, clarifies enforcement as an infraction, and authorizes removal of personal property from violating individuals. It also changes property-disposition procedures by establishing a 90-day holding period and notice requirements before abandoned property may be disposed of, while providing liability protection to the state and its agents when the statute is followed. Finally, it reinforces the Department of Administration’s control over Capitol Mall properties and related facilities, including rulemaking, security, and use of rental proceeds for upkeep.
The bill appears to have broad legislative support. It passed the House 63-2 and the Senate 28-6, suggesting strong overall approval despite some opposition. The absence of committee transcript material limits insight into detailed debate, but the voting margins indicate the measure was generally viewed favorably as an administrative and public-order update to Capitol Mall management and state-property rules.
The main points of contention likely center on the scope of the camping prohibition and the state’s authority to remove tents, structures, and personal property from public land. Critics may view the expanded definitions and overnight removal requirements as restrictive toward unhoused individuals or protest encampments, while supporters likely see them as necessary to maintain safety, order, and access on state property. The 90-day property-holding rule and the Department of Administration’s expanded enforcement and rulemaking authority may also have raised concerns about administrative burden, due process, and the balance between property rights and state control.