House Bill 187 — Recreational agreements, motor use

House Bill 187 — Recreational agreements, motor use

by
Parrish Miller
February 21, 2021

Bill Description: House Bill 187 would give the Idaho Fish and Game Commission and the Idaho Department of Fish and Game authority to restrict the use of motorized vehicles on private land.

Rating: -2

Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?

House Bill 187 creates Section 36-126, Idaho Code, to allow the Idaho Fish and Game Commission and the Idaho Department of Fish and Game to make an agreement to enforce restrictions on motorized vehicles on private land. This would happen "in the event owners or lawful possessors of private land have restricted motorized vehicle operation on their land" and the department or commission enters "into a lease or other cooperative agreement with such owners or possessors to allow public recreational access to such land."

Allowing Idaho Fish and Game Commission and the Idaho Department of Fish and Game to enforce trespassing laws on private property is a significant expansion of their authority.

(-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?

House Bill 187 says, "In the event the commission or department agrees to enforce motorized vehicle restrictions ... no person, unless specifically authorized by the owner or possessor of the land, may violate such restrictions, or tear down or lay down any fencing or gates enclosing such a restricted area, or remove, mutilate, damage, or destroy any notices, signs, or markers giving notice of such restrictions."

It further says, "Any person who pleads guilty to or is found guilty of a violation" of the prohibitions listed above "for the first time in any five (5) year period is guilty of an infraction with a fine as set forth in section 36-1402, Idaho Code."

A second or subsequent offense within 5 years is a misdemeanor with a fine of up to $1,000 and up to six months incarceration.

(-1)

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