IDAHO - Oil & Gas "Critical Infrastructure" Anti-Protest Bills

  • Posted on: 18 February 2019
  • By: Connor Gibson

Updated July 17, 2019.

See Full Report: State Bills to Criminalize Peaceful Protest of Oil & Gas "Critical Infrastructure"

ID SB 1090

  • Died in Senate committee after being referred on February 12, 2019
  • Introduced and read first time on February 11, 2019

ICNL analysis:

Would create new potential penalties for protests near oil or gas pipelines and other infrastructure facilities, including those under construction. The bill creates two new offenses: “critical infrastructure trespass,” and “impeding critical infrastructure.” Critical infrastructure trespass is defined in the bill as knowingly entering onto infrastructure property without authorization or not leaving once notified to depart; the bill classifies it as a misdemeanor punishable by up to one year in jail and a fine of $1,000. “Impeding” critical infrastructure is defined to include “preventing legal access to” a critical infrastructure property or construction site. Under the bill, such impediment is punishable by 10 years in prison and a $10,000 fine if the impediment results in $1,000 worth of damage or economic loss. If the damage or loss is less than $1,000, the offense is punishable by six months’ imprisonment and a $1,000 fine. The bill also provides that an organization “that aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to impede critical infrastructure is subject to a $100,000 fine and liable for a civil action by the infrastructure facility. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, cell phone towers, and railroad tracks—-as well as "[a]ny facility included [above] that is lawfully permitted and under construction.”

Sponsored by Senate Judiciary and Rules Committee (see 2019 committee members)

ALEC legislators:

2 of 9 committee members are confirmed ID ALEC affiliate legislators: Sen. Patti Anne Lodge, and Sen. Todd M. Lakey

  • The SB 1090 Statement of Purpose signed by state Sen. Don Cheatham and state Rep. Brent Crane. Rep. Crane is a confirmed ALEC affiliate.
  • Sen. Todd Lakey sponsored Stand Your Ground in 2018, a signature ALEC model bill originally created by the National Rifle Association.