House Bill Seeks Protection From Unconstitutional Inspections

On February 22, 2019, State Representatives Heather Scott (R-Blanchard) and Scott Bedke (R-Oakley) introduced House Bill 189 (H0189). The stated purpose of the legislation is “to preserve the presumption of privacy for all citizens. Before any search or inspection is conducted under the provisions of this section, a warrant must be obtained, or consent must be given.”

House Bill 189 seeks to protect the rights of Idahoans from unconstitutional search and seizure inspections conducted by Idaho Fish and Game officials. As the law now reads, too much authority is given to Fish and Game officers that allow for privacy infractions if said officers choose to utilize the power. H0189 simply clarifies current law and concisely requires a warrant or consent of the owner before a search or inspection is allowed.

Reported out of the House Resources and Conservation Committee on February 26, 2019, with a “Do Pass” recommendation, House Bill 189 awaits action on the House floor.

(A similar proposal, House Bill 110, was submitted earlier in the legislative session by State Representative Heather Scott. However, after further review and slight modifications, Representatives Scott and Bedke jointly introduced House Bill 189.)  

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Madison Liberty Institute’s recommendation: SUPPORT

Bill Details

Number: H189 (2019)
Text | Statement of Purpose

Sponsor(s): Representatives Heather Scott (R – Blanchard), Scott Bedke (R-Oakley)

Co-Sponsor(s): N/A

Bill status: House, General Orders (02.26.2019)

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