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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NOTE: The Senate Amendment to Senate Bill 1141 made a number of changes to the terminology and created an exception for drivers of commercial vehicles. Unfortunately, the changes did not address the concerns raised in our analysis. In fact, the explicit exception for drivers of commercial vehicles only reinforces the fact that drivers of normal passenger vehicles are prohibited from sleeping in their vehicles under this law. The analysis has been updated but the rating has not changed.
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 "public camping or sleeping" and to say no local jurisdiction may "authorize, permit, or enable public camping or sleeping as that term is defined in this section on public property, public building grounds, or public roads or rights-of-way within the jurisdiction of the city or the single countywide highway district."
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 prohibitions against public camping or sleeping also would "not apply to drivers of commercial vehicles or commercial motor vehicles as defined in section 49-123(2)(d), Idaho Code."
The bill defines "public camping or sleeping" very broadly and would include people traveling in passenger vehicles and RVs.
The bill says, "'public camping or sleeping' means lodging or residing in a temporary outdoor habitation used as a dwelling, lodging, or living space, which includes sitting, lying, or sleeping for a prolonged amount of time, and 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 but is not limited to the presence of bedding, pillows, cooking appliances, heat sources, the storage of personal belongings or food, or digging or earth breaking."
The bill says it would not "prohibit or prevent overnight camping for recreational or educational purposes on property designated for such purpose, authorized specific temporary events or activities, or authorized overnight parking at Idaho rest areas or private businesses in compliance with applicable 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.
Unfortunately, this bill has significant shortcomings that were not addressed by the Senate Amendment. Under the provisions of this bill, travelers would be prohibited 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 this bill, sleeping in a vehicle for a "prolonged amount of time" (which is undefined) is prohibited when parked on public property, even if the vehicle is legally parked.
This prohibition impacts more than just drowsy drivers.
According to a recent article in TheStreet, "as of 2022, roughly 3.1 million Americans live full-time in vans, RVs and other motorized transportation converted into homes. More than 11 million Americans own RVs and spend at least some time on the road, a number that’s gone up 62% over the past two decades."
While some RV travelers may stay in dedicated RV parks, thrifty travelers (especially those with smaller RVs and van conversion) often search out available street parking for an overnight stay.
Many jurisdictions allow someone to park their RV on the street for a certain period of time. (In Boise, the limit is 72 hours.) This is especially important when someone travels to visit friends or relatives, but under the restrictions in this bill, such local laws could not allow travelers to sleep in their RV.
The law needs to properly differentiate between homeless encampments that violate property rights and drivers or travelers sleeping in vehicles and RVs.
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