Bill Analyses and Ratings
Bill Information: H0523 – Capitol Mall Security & Property Management Act
Bill Summary
This bill amends multiple sections of Idaho Code to enhance security and property management at the Capitol building, Supreme Court building, Capitol Mall properties, and multiagency facilities. The primary changes grant the Director of the Department of Administration and the Director of Idaho State Police authority to ban individuals from these properties for up to one year based on violations of laws or rules, refusal to comply with lawful orders, disruption of government business, or threats to safety. Violations of such bans are subject to criminal penalties under section 18-7008, Idaho Code.
The bill also revises camping prohibitions on state-owned or leased properties by expanding and clarifying the definition of ‘camping’ and ‘indicia of camping’ to include activities such as storing personal belongings, storing food for future days, sleeping or making preparations to sleep, and earth breaking. However, it creates an exception allowing temporary side-free canopies during rain or snow, provided they are not used for sleeping or camping. Additionally, the bill expands the circumstances under which property may be removed and held by state agencies, including property that violates Idaho statutes or administrative rules, not just property remaining after citation issuance or left unattended.
Overall Assessment
This bill receives a total score of -1, reflecting a modest negative impact on citizen involvement in government. The legislation primarily addresses administrative and security matters related to state properties without substantively affecting most policy areas. The negative rating stems from new restrictions on citizen access to government properties through expanded banning authority and stricter camping regulations, which may limit opportunities for public expression and engagement at the Capitol Mall. Most metrics receive neutral ratings as the bill does not address education, agriculture, natural resources, healthcare, family values, or other substantive policy domains covered by the evaluation framework.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
This bill does not address fiscal responsibility, taxation, government spending, program review, or budgeting matters. The legislation focuses exclusively on security protocols and property management at state facilities without creating new programs or imposing fiscal obligations that would implicate constitutional spending limits or government accountability principles.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (-1)
The bill restricts citizen access to government properties through new banning authority that allows officials to exclude individuals for one year based on subjective determinations made 'in their sole discretion' (Sections 1(2) and 4(4)). The expanded definition of camping and stricter enforcement provisions limit activities such as overnight demonstrations or extended presence at the Capitol Mall, potentially hindering citizens' ability to engage in sustained public expression and petition government.
ARTICLE III. EDUCATION (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to education, schools, curriculum, parental rights in education, teachers, educational funding, or school choice.
ARTICLE IV. AGRICULTURE (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to agriculture, farming, ranching, agricultural education, agricultural markets, or water rights for agricultural purposes.
ARTICLE V. WATER (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to water rights, water appropriation, inter-basin transfers, dam construction, or water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill addresses Capitol Mall security and property management regulations in an urban setting. It contains no provisions related to natural resources, environmental policy, wilderness areas, forest management, or stewardship of natural resources.
ARTICLE VII. ENERGY (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to energy policy, energy independence, hydroelectric power, nuclear energy, electrical rates, or energy production.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to Idaho National Laboratory, nuclear research, technology transfer, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
This bill addresses state-owned and state-leased properties, not private property. The property disposition provisions in Section 3 apply to items left on state property, and the camping regulations apply to government facilities, not private land development or takings issues.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This bill addresses management of existing state-owned Capitol Mall properties and multiagency facilities. It does not address federal land ownership, transfer of federal lands to state control, or management of public lands beyond the specific urban state properties identified.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to wildlife management, fish and game, hunting, fishing, predator control, or recreational access to wildlife resources.
ARTICLE XII. ECONOMY (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to commerce, industry, small business, labor policy, taxation affecting business, or transportation infrastructure.
ARTICLE XIII. HEALTH AND WELFARE (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to healthcare, health insurance, medical decisions, welfare programs, or public health policy.
ARTICLE XIV. AMERICAN FAMILY (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to family values, marriage, abortion, parental rights, children's welfare, or family structure.
ARTICLE XV. OLDER AMERICANS (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to older Americans, retirement, senior services, or policies affecting elderly citizens.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
While the bill references criminal penalties under section 18-7008 for violating bans and creates new enforcement mechanisms, it does not substantively address the core law and order principles in this metric such as gun rights, death penalty, drug policy, incarceration reform, or state sovereignty over criminal justice matters.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to military strength, veterans, national defense, military bases, National Guard deployment, border security, or terrorism.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to judicial elections, judicial selection processes, constitutional interpretation by judges, or the role of the judiciary.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill addresses Capitol Mall security and property management regulations. It contains no provisions related to religious freedom, free exercise of religion, the Religious Freedom Restoration Act, or protection of religious expression.