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House Bill 164 — Highways, local jurisdiction

House Bill 164 — Highways, local jurisdiction

Parrish Miller
February 17, 2021

Bill Description: House Bill 164 removes the statutory authority local jurisdictions have to limit or prohibit the use of off-highway vehicles on public roads.

Rating: +1

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Current law allows "any political subdivision of the state" to "after sufficient public notice is given and a public hearing held, adopt local ordinances or resolutions designating highways or sections of highways under its jurisdiction which are closed to all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes licensed pursuant to this chapter and numbered pursuant to section 67-7122, Idaho Code."

House Bill 164 amends Section 49-426, Idaho Code, by deleting the language above and making other changes to the section to remove this local authority. These deletions and changes remove existing local prohibitions and ban future local prohibitions.

Removing prohibitions against victimless actions prevents the imposition of unwarranted penalties.


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