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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
ACT
1
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,
IDAHO
4
CODE,
TO
REVISE
A
PROVISION
REGARDING
DISPOSITION
OF
PROPERTY;
AMENDING
5
SECTION
67
-
5709,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
MANAGEMENT
6
OF
STATE
FACILITIES
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
7
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
hereby
10
amended
to
read
as
follows:
1
1
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
leased
13
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
removed
16
from
9:00
p.m.
local
time
to
6:00
a.m.
local
time,
unless
otherwise
provided
17
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
recreation
20
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
of
22
dwelling,
lodging
or
living
accommodation,
and
which
indicia
of
camping
may
23
include,
but
are
not
limited
to,
storing
personal
belongings,
using
tents
or
24
other
temporary
structures
for
storing
personal
belongings
or
for
sleeping,
25
carrying
on
cooking
activities,
laying
out
bedding
or
making
any
fire.
Any
26
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
or
33
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
other
38
temporary
structures
for
storing
personal
belongings
or
food
or
for
39
sleeping
or
lying
down,
carrying
on
cooking
activities,
sleeping
or
40
making
preparations
to
sleep,
including
laying
out
a
sleeping
bag,
41
2
blanket,
or
other
material
used
for
bedding,
making
any
fire,
or
doing
1
any
digging
or
earth
breaking.
2
(3)
Any
person
who
violates
the
provisions
of
this
section
shall
3
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
the
5
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
dry
8
during
periods
of
rain
or
snow,
including
from
sunset
to
sunrise,
as
long
as
9
it
is
not
used
for
sleeping
or
camping
and
it
complies
with
any
rules
promul
-
10
gated
by
the
department
of
administration.
1
1
SECTION
2.
That
Section
67
-
1613A,
Idaho
Code,
be,
and
the
same
is
hereby
12
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
Idaho
15
statute
or
administrative
rule,
or
any
property
left
unattended
shall
be
16
held
by
the
agency
or
its
agent
removing
the
property
in
a
secure
location
for
17
a
period
of
not
less
than
ninety
(90)
days.
Notice
shall
be
posted
and
remain
18
at
the
nearest
reasonable
location
to
the
place
of
removal
with
the
agency's
19
or
agent's
contact
information
for
the
ninety
(90)
day
period.
If
property
20
is
not
claimed
within
the
ninety
(90)
day
period,
the
property
shall
be
21
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
at
23
the
time
an
owner
claims
the
property.
The
individual
claiming
the
property
24
shall
produce
identification
and
shall
sign
a
release
form
providing
his
or
25
her
name
and
contact
information
and
swearing
that
the
property
belongs
to
26
the
claiming
party.
If
the
provisions
of
this
section
are
complied
with,
the
27
state
of
Idaho,
its
agents,
employees
and
contractors
shall
be
immune
from
28
legal
liability
for
the
administration
of
this
section.
29
SECTION
3.
That
Section
67
-
5709,
Idaho
Code,
be,
and
the
same
is
hereby
30
amended
to
read
as
follows:
31
67
-
5709.
MANAGEMENT
OF
STATE
FACILITIES.
(1)
In
addition
to
the
32
authority
granted
by
section
67
-
1603,
Idaho
Code,
the
director
of
the
de
-
33
partment
of
administration
shall
have
exclusive
control
of
the
capitol
mall
34
properties
identified
in
subsection
(2)
of
this
section
and,
where
not
oth
-
35
erwise
established
by
law,
multi
-
agency
multiagency
facilities
owned
or
36
leased
by
the
state
of
Idaho.
The
department
of
administration
shall
have
37
authority
to
promulgate
rules
relating
to
use
of
those
properties,
including
38
the
authority
to
promulgate
rules
requiring
a
permit
for
various
uses
of
the
39
properties.
Violations
of
rules
promulgated
under
this
section
shall
be
in
-
40
fractions.
The
director
shall
have
authority
to
sue
to
enjoin
any
threatened
41
or
continuing
violation
of
such
rules.
42
(2)
Except
as
otherwise
provided
by
law,
the
capitol
mall
properties
43
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
systems
46
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
original
1
townsite
plat
filed
in
the
Ada
County
county
recorder's
office
in
book
1
on
2
page
1.
Subject
to
the
following,
the
capitol
mall
properties
shall
may
be
3
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
of
8
Public
Works
(502
N.
4th
street),
Alexander
House
(304
W.
State
street),
9
State
Library
(325
W.
State
street),
Secretary
of
State
(450
N.
4th
10
street),
954
Jefferson
(954
W.
Jefferson
street),
Capitol
Annex
(514
W.
1
1
Jefferson
street),
Borah
Building
(304
N.
8th
street),
and
Steunenberg
12
Monument
Park
(intersection
of
Capitol
boulevard
and
Bannock
street),
13
and
the
Idaho
Supreme
Court
(451
W.
State
street);
provided,
that
the
14
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
the
18
capitol
mall
properties:
West
State
street
parking
facility,
occupying
19
block
101
as
shown
on
the
Boise
City
city
original
townsite
plat;
3rd
20
street
and
Washington
street
parking
facility,
occupying
a
portion
of
21
block
105
as
shown
on
the
Boise
City
city
original
townsite
plat;
6th
22
street
and
Washington
street
parking
facility,
occupying
a
portion
of
23
block
96
as
shown
on
the
Boise
City
city
original
townsite
plat;
8th
24
street
and
Jefferson
street
parking
facility,
occupying
a
portion
of
25
block
66
as
shown
on
the
Boise
City
city
original
townsite
plat;
and
10th
26
street
and
Jefferson
parking
facility,
occupying
a
portion
of
block
68
27
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
to
32
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
the
35
state
of
Idaho
public
entity
owning
or
controlling
the
property.
When
such
36
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
under
39
pursuant
to
this
section
shall
be
infractions.
The
director
of
the
depart
-
40
ment
of
administration
and
the
governing
authority
of
the
requesting
entity
41
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
or
43
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
properties
47
is
vested
in
the
director
of
the
Idaho
state
police.
In
coordination
with
the
48
director
of
the
Idaho
state
police,
Ada
County
county
and
the
city
of
Boise
49
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
the
1
rules
promulgated
pursuant
to
this
section.
The
director
of
the
department
2
of
administration,
or
his
designee,
shall
be
responsible
for
security
at
the
3
capitol
mall
properties
and
has
the
authority
to
contract
with
private
con
-
4
tractors
to
provide
security
for
persons
and
property
at
the
capitol
mall
5
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
the
9
rents
received
therefrom.
In
addition
to
funding
annual
operating
costs,
10
rental
rates
at
multiagency
facilities
shall
include
a
provision
sufficient
1
1
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
in
15
excess
of
two
hundred
thousand
dollars
($200,000)
at
the
end
of
the
fiscal
16
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
credit
19
of
the
permanent
building
fund.
Said
proceeds
shall
not
be
expended
without
20
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
,
or
24
the
first,
third
or
fourth
floors
of
the
state
capitol
building,
which
are
25
vested
with
the
legislative
branch
of
government.
26
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
28
passage
and
approval.
29