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Committee sends SB 11 41 to the floor after hours of testimony on public camping

2743060 · March 20, 2025
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Summary

A House State Affairs committee voted 13-2 on Wednesday to send Senate Bill 11 41, as amended, to the floor after hours of testimony about public camping and enforcement in Boise and other Idaho cities.

A House State Affairs committee voted 13-2 on Wednesday to send Senate Bill 11 41, as amended, to the floor with a do-pass recommendation after more than three hours of public testimony and questions from committee members.

Senator Cody Galloway, who presented the bill, told the committee that public camping on roads, sidewalks and parks "is dirty, dangerous, and even deadly," and said the measure is intended to push cities to manage encampments so communities "do not turn into places where we've seen things go downhill." Galloway said the bill makes prolonged, unauthorized outdoor lodging unlawful in covered cities and allows the attorney general to intervene when a city fails to address persistent encampments.

Supporters and opponents differed sharply over the effect the bill would have in practice. Kathy Grismeyer, director of policy and government affairs for the City of Boise, said the state-language is broader than Boise's existing ordinance and could create "a pretty large legal liability" for cities, noting Boise's 2018 litigation that reached the Ninth Circuit Court of Appeals and the resulting stipulated agreement. "This bill does not have a timeline stipulation," Grismeyer said, and "it would require 24/7 heightened enforcement by law enforcement in order to demonstrate that we are complying." She said Boise enforces a sunset-to-sunrise camping prohibition and that the bill's absence of a time limit would change enforcement expectations.

Christopher Dennison, chief of police for the City of Boise, also opposed the bill. He said the measure's broad definition — which can include sleeping in vehicles and resting on sidewalks during the day — could force the department to dedicate substantial patrol resources to avoid legal exposure. "My concern is that the way this bill is written ... I would have to remove that discretion from officers," Dennison testified, saying the department relies on officer judgment to weigh public-safety risks and avoid harmful outcomes such as separating families or placing children into state custody.

Religious and service providers gave mixed testimony. Reverend Bill Roscoe of the Boise Rescue Mission supported the bill, saying sleeping outside poses clear health and safety risks and praising local shelters' willingness to accept people in need. By contrast, Jodi Peterson Steigers, executive director of Interfaith Sanctuary, called SB 11 41 "a punitive approach that does nothing to solve homelessness," warned about jail costs and family separation, and pointed to an Interfaith Sanctuary project — a privately funded 24/7 shelter planned to open in October 2025 with space for about 205 guests — as an alternative strategy that emphasizes services over enforcement.

Families and neighborhood representatives also testified. Morgan Bernal, director of Interfaith Sanctuary's hotel shelter, said the bill could deter parents from seeking help: "If this bill passes, families without shelter could be ticketed, face jail time, or even the threat of losing their children," she said. Katie Decker, representing the Veterans Park Neighborhood Association, presented a series of public-record emails from residents and businesses documenting repeated problems along Boise's shoreline and argued the bill would give residents an enforcement avenue when encampment impacts occur.

Committee members pressed sponsors and witnesses on the bill's specifics. Representative Achilles and others repeatedly asked what the statute means by a "prolonged" period of time for camping; Senator Galloway said officers would retain discretion for short, benign uses such as naps and that the bill targets prolonged habitation. Members also questioned the inclusion of entities such as single-county highway districts; Galloway said the cities and districts were included to avoid jurisdictional loopholes but stressed the measure does not give those entities arrest powers.

Votes at a glance

Motion: Send Senate Bill 11 41 (as amended) to the floor with a do-pass recommendation. Outcome: Motion approved (do-pass) — 13 yes, 2 no. Vote record: Chairman Crane: yes; Representative Scott: yes; Senator Palmer: yes; Representative Barbieri: yes; Representative Holtzclaw: yes; Representative Skog: yes; Representative Alfieri: yes; Representative Crane (seat 12): yes; Representative Boyle: yes; Representative Deigert: yes; Representative Hostetler: yes; Representative Mickelson: yes; Representative Polhanka: yes; Representative Achilles: no; Representative Green: no.

What the bill would do and what remains unclear

- Core text discussed in committee: the bill makes "public camping or sleeping" unlawful in covered jurisdictions, defines that phrase to include unauthorized lodging or residing in a temporary outdoor habitation and includes a qualifier of "prolonged" to distinguish short naps or authorized events. The draft limits the requirement to cities with populations greater than 100,000 but contains a clause saying nothing in the section prevents other cities or districts from maintaining their own prohibitions. - Enforcement and oversight: the measure allows the attorney general to intervene or investigate when a city is viewed as not managing encampments; witnesses described the provision as creating a potential legal threat to cities that fail to act. Committee testimony made clear the bill does not create a new criminal penalty that would automatically jail people seeking shelter, but opponents said practical enforcement could have criminal consequences in some cases. - Shelter capacity and service alternatives: witnesses described local shelter capacity and approaches. Reverend Roscoe said Boise Rescue Mission and affiliate shelters house roughly 475 people a night across several facilities and listed River of Life (about 320 men's beds) and City Light (about 110 beds for women and children). Interfaith Sanctuary representatives described a planned 24/7 privately funded shelter opening in October 2025 for about 205 guests. Witnesses and members emphasized that available shelter beds and affordable housing supplies vary and that the bill does not itself create housing or new shelter beds.

Next steps

The committee forwarded SB 11 41 as amended to the full floor with a do-pass recommendation. The bill will appear on the legislative calendar for further consideration by the full chamber.

Sources: Committee hearing testimony and roll call, March 19, 2025.