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Private Property and Trespass Law
Trespass laws provide critical protection for private property rights, especially in a rural, agricultural state like Idaho with heavy recreational use and only 30 percent private land. Over the years, Idaho’s trespass laws have been subject to many patchwork changes that make the laws inconsistent and confusing, with posting requirements an ongoing headache for landowners.
The new trespass bill H658 consolidates Idaho statutes on civil and criminal trespass law, and adds protection for private property rights through increased penalties. It also clarifies what property owners must do to identify and protect their property as well. It does not reduce access to any public lands. The bill was heard in the House of Representatives on Monday, and it passed on a 45-22 vote with my support.
Land owners in Idaho have been suffering significant abuses and property damage by trespassers for too long; this must stop. Ask any farmer or rancher about trespassing, and they will share accounts of how crops, animals, fences, or other real property have been damaged and there was nothing they could do about it. Law enforcement hasn’t been willing to expend many resources to investigate and prosecute trespassing cases because penalties are so small. Without this bill and its stronger penalties, abusive trespassers will continue to damage private property.
Most Idaho sportsmen are fine with this proposed law because they are responsible and make honest efforts to avoid trespassing. Our law is similar to how most other states function, where it is the responsibility of sportsmen to know the property where they are hunting and fishing, and to get proper permission where required.
Much of the opposition to this bill is coming via social media and email from misinformation perpetrated by liberal conservation groups. Most of these groups have a long history of promoting anti-grazing, anti-ranching, and dam-breaching agendas. Some of these groups’ members have also been working as "liberal activists" who disdain private property and want access to all lands in all places. They have spread misinformation and fear-mongering about loss of access to lands. For example, leadership of one conservation group is currently misrepresenting facts and getting their membership worked up into a frenzy about the felony charge for trespassing on the same property three times. What the leaders didn’t tell their members was the truth that it already is and has been a felony for the 3rd trespassing violation for decades under current law.
If sportsmen and recreationalists have concerns about posting, notice, and the associated fines/fees for violations, then erring on the side of caution by simply getting permission from the property owner will always protect them from potential legal troubles. The bill tries to establish fairness in both protecting property rights while also allowing access for sportsmen and others to public lands and elsewhere to the greatest extent. It may not be perfect yet, but it is a strong improvement over the current inconsistent mixture of statutes in Idaho code.
Yesterday (3/14), the bill was sent to amending orders in the Senate. There may be some final adjustments to the bill before it is up for a vote and sent back to the House and finally, on to the Governor.
School "Walk Out" Day at the Capitol
On Wednesday, several hundred school kids in the Boise area "walked out" of classes to come to the capitol and express support for the victims in the Florida school shooting and to protest school violence. In reality, the kids were stirred into action by a few liberal activist groups including Planned Parenthood, the ACLU, the Sierra Club, all under the umbrella of "People for Unity." I witnessed the group leaders telling the kids what to chant and then lead the "protest" with megaphones. At the Planned Parenthood table, they invited the kids to become volunteer lobbyists for them and advocated for sex education in schools.
Instead of learning about the legislative process and perhaps meeting and talking with legislators to discuss policy and rights, the kids were used as tools to advance an agenda by a small, less-than-representative group of adult activists. Of course the media lapped it all up and reported it as if some genuine protest was taking place. Unfortunately, this was a missed opportunity, and the kids would have probably learned more by staying in school.
Bills-of-Interest Update:
H376 - Human Trafficking - House 3rd Reading Calendar
H389 - Highway Speed Limit - House Transportation Committee
H405 - Repeal Unfair Sales Act - Sent to Governor
H412 - Repeal Common Core - Stalled in House Ways & Means Comm.
H413 - Education Freedom in Idaho - Stalled, House Ways & Means Comm.
H418 - Lobbyist Limits (no state employees) - House State Affairs Comm.
H420 - Electronic Public Notice - Failed, House State Affairs Committee
H443 - Firearms Safety Education - Senate 3rd Reading Calendar
H444 - Stand Your Ground - House State Affairs Committee (Held by chair)
H447 - Civil Asset Forfeiture Protection - Sent to Governor
H448 - Breastfeeding Protection - Sent to Governor
H449 - Precious Metals Income Tax Exempt. - Failed in Senate Comm.
H452 - Short Term Rentals Clarification - Sent to Governor
H463 - Income Tax Cut (Otter) - Governor Signed, LAW
H466 - Minimum Wage Exemption - Senate 2nd Reading Calendar
H496 - Agency Directors (Harriman?) - House General Orders
H557 - BIG Tax Relief Plan - House Rev. & Tax. Committee (held by chair)
H574 - County Commissioner Elections - Failed, House State Affairs Comm.
H575 - Huckleberry Pie - House State Affairs Committee
H577 - Cannabidiol Oil - Held, Senate Health & Welfare Committee
H579 - Sex Education Standards - House Education Committee
H626 - Bond Disclosure - Senate 2nd Reading Calendar
H658 - Trespass, Civil, Criminal - Senate Resource Committee
HCR32 - Call for Convention of the States - Defeated in House State Affairs
S1243 - Abortion Pill Reversal Information - Sent to Governor
S1284 - Parking / Booting Regulation - House Transportation Committee
S1313 - Stand Your Ground - Sent to Governor
Steps for Schools Challenge
For the month of February, legislators had the opportunity to participate in the Blue Cross of Idaho, High Five!, Steps for Schools challenge. I successfully completed the challenge of 10,000 steps per day for the entire month and was happy to receive two checks to present to two elementary schools: Hibbard Elementary and Iona Elementary. I'm excited to return home and visit the schools to present the checks to them.
Please visit the Growing Freedom Idaho website to help all citizens be more involved with what is going on in the Idaho Legislature and how to effectively make their voices heard. The site includes a Freedom Agenda of legislation brought to the legislature by citizens and is what liberty minded legislators are pursuing this session.
Stay in Touch!
As always my goals are to best represent District 34’s views and interests, keep my oath to protect and defend the U.S. and State Constitutions, restrain government influence, keep taxes low, and support legislation that is constitutional, economical, and moral. I always appreciate feedback from voters and citizens. As you probably know, citizen input is very important and influential. When you and others contact legislators, they have the power and incentives to protect rights and keep their oaths. Together, we can keep Idaho great and free.
You and your friends can contact your legislators to make your views known by emailing or calling them. To find your representatives’ and senators’ contact information you can click here for representatives, and here for senators.
Please email me your questions and comments: nater@house.idaho.gov
Rep. Ronald Nate
District 34 - nater@house.idaho.gov
Committees:
- Revenue and Taxation
- Judiciary, Rules, and Administration
- Environment, Energy, and Technology
State Capitol | P.O. Box 83720
Boise, Idaho 83720-0081 | (208) 403-3609
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