Bill Description: Senate Bill 1141 would ban camping or sleeping on public property anywhere in Idaho and prohibit local jurisdictions from allowing it.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Senate Bill 1141 would create Section 67-2341, Idaho Code, to broadly prohibit "unauthorized public camping or sleeping" and to say no local jurisdiction may "authorize, permit, or enable public camping or sleeping on public property, public building grounds, or public roads or rights-of-way within the political subdivision's jurisdiction."
This would not "apply to or affect policies, rules, statutes, or leases regarding endowment lands, department of parks and recreation lands, or department of fish and game lands."
The bill defines "public camping or sleeping" very broadly and would include people traveling in vehicles, including RVs.
"For purposes of this section, 'public camping or sleeping' means unauthorized lodging or residing in a temporary outdoor habitation used as a dwelling, lodging, or living space, which may be evidenced by the erection of a tent or other temporary shelter, including a motor vehicle as defined in section 39-6501, Idaho Code, or a recreational vehicle as defined in section 49-119, Idaho Code, and may include the presence of bedding, pillows, cooking appliances, heat sources, or the storage of personal belongings. 'Public camping or sleeping' includes sitting, lying, or sleeping on a public walkway creating any hindrance, obstacle, or barrier that interferes with the use of the public walkway."
The bill says it would "not prohibit or prevent overnight camping for recreational purposes on property designated for such purpose or authorized overnight parking at Idaho rest areas or private businesses in compliance with established rules."
There is a legitimate government interest in protecting property rights by preventing homeless encampments as we have seen in certain urban areas. In extreme cases, such encampments can block access to businesses and reduce property values.
There are some issues with this bill that need to be improved. One problem is that the bill effectively prohibits travelers from sleeping in their vehicles, including RVs that are legally parked on public property, which includes street parking.
Sgt. Bryan Lovell of the Bonneville County Sheriff's Office was interviewed for a 2023 news story from Idaho Falls about the dangers of drowsy driving. The article concludes with the following advice: "He [Sgt. Lovell] said things like caffeine and turning up the radio are only temporary fixes. It's perfectly all right to pull over somewhere safe to rest."
Under Senate Bill 1141, parking along a road to sleep (even in a marked parking space) would be illegal, and local jurisdictions would be forbidden from authorizing, permitting, or enabling it.
In addition to permitting temporary rest, many jurisdictions currently allow someone visiting a relative, for example, to park their RV on the street for a certain period of time. (In Boise, the limit is 72 hours.) Under the restrictions in this bill, such local laws would not be allowed if members of the visiting family slept in the RV.
The law needs to properly differentiate between camping in a manner that violates property rights and resting or sleeping while traveling.
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