Print Friendly HOUSE BILL NO. 758 – State timber sales, bids
HOUSE BILL NO. 758
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0758.....................................................by WAYS AND MEANS
STATE TIMBER SALES - Amends existing law to provide that the State Board of
Land Commissioners may accept the bid of the nonqualified bidders in state
timber sales under certain conditions.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 758
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO TIMBER SALES ON STATE LANDS; AMENDING SECTION 58-1004, IDAHO CODE,
3 TO ALLOW THE IDAHO STATE BOARD OF LAND COMMISSIONERS TO ACCEPT THE BID OF
4 OTHER THAN QUALIFIED BIDDERS IN THE SALE OF STATE TIMBER, WHEN IN THE BEST
5 INTEREST OF THE STATE AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 58-1004, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 58-1004. SALE OF STATE TIMBER. (1) Each fiscal year, the board shall
10 offer ninety-five per cent percent (95%) of the
11 total volume of the year's timber sales from state forests, exclusive of esti-
12 mated pulp log volumes from state forests, for sale to qualified bidders. The
13 remaining five per cent percent (5%) of the total
14 volume of the year's timber sales shall be offered for sale to all persons,
15 regardless of whether they are qualified bidders under this chapter.
16 (2) Notwithstanding the provisions of subsection (1) of this section, the
17 board shall, if it finds after consideration of unanticipated dislocations in
18 local timber supplies that timber from state forests in certain regions of the
19 state will not be needed by qualified bidders, offer such timber for sale to
20 all persons without regard to whether they are qualified bidders. In addition,
21 if the board determines that a purchaser who has previously acquired state
22 timber is adversely affected by a market dislocation, such purchaser may dis-
23 pose of his timber without affecting his qualified bidder status.
24 (3) In the event qualified bidders do not purchase timber offered for
25 sale exclusively to them, the board, if it finds after consideration of the
26 reasons the timber was not sold, that it is in the best interests of the state
27 and the endowed institutions, may offer the timber for sale to all bidders,
28 without regard to whether they are qualified bidders as defined herein. The
29 purchase and disposition of such timber shall not be considered in determining
30 whether a person is a qualified bidder for subsequent timber sales.
31 (4) Notwithstanding the provisions of subsection (1) of this sec-
32 tion, the board may accept the bid of a person who is not a qualified bidder
33 if the board determines that:
34 (a) The person:
35 (i) Conducts business in the state;
36 (ii) Has employees in the state;
37 (iii) Owns and operates substantial wood processing and manufacturing
38 facilities in the state;
39 (iv) Pays substantial sales, use, income, or real or personal prop-
40 erty taxes in the state;
41 (v) Will process the state timber in a facility within one hundred
42 (100) miles of the border of the state; and
43 (vi) Is not barred or restricted from purchasing state timber in the
1 state where the timber will be processed as a result of the export of
2 private timber.
3 (b) The sale to the person is in the best interest of the state and its
4 endowed institutions.
STATEMENT OF PURPOSE
The proposed legislation amends Section 58-1004, Idaho
Code, to allow the Board of Land Commissioners to consider any
bid for state timber which is in the State's best interest, as
opposed to limiting its considerations to the amount of state
timber that the bidder processes outside the State. The
amendment would permit sales to a person who is not a
qualified bidder if the Board determines that the bidder has
significant economic contacts in the State.
This amendment will not have any impact on State
expenditures. This amendment may allow the State to realize
greater revenues from the sale of state timber by possibly
increasing the number of lawful bidders.CONTACT: Roy Lewis Eiguren Givens
Pursley & Huntley LLP
phone: (208) 388-1313