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H0559aaS............................................by AGRICULTURAL AFFAIRS
NATURAL RESOURCES - Amends existing law to provide for the establishment of
the "Idaho OnePlan" as a natural resource planning tool applicable to local
land managers meeting Total Maximum Daily Load and other water quality and
resource protection needs across the state.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Agric Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs),
Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Chase, Ellsworth, Montgomery, Taylor
Floor Sponsor - Stevenson
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Agric Aff
03/14 Rpt out - to 14th Ord
03/15 Rpt out amen - to 1st rdg as amen
03/16 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/22 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Whitworth, Williams
NAYS--None
Absent and excused--Bunderson, Wheeler
Floor Sponsor - Branch
Title apvd - to House
03/23 House concurred in Senate amens - to engros
03/24 Rpt engros - 1st rdg - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
03/28 3rd rdg as amen - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones,
Judd, Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Jaquet, Kempton, Pischner
Floor Sponsor - Stevenson
Title apvd - to enrol
03/29 Rpt enrol - Sp signed
03/30 Pres signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 160
Effective: 07/01/00
H0559
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 559, As Amended in the Senate
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE SOIL CONSERVATION COMMISSION AND DISTRICTS; AMENDING SECTION
3 22-2716, IDAHO CODE, TO PROVIDE FURTHER LEGISLATIVE INTENT; AMENDING SEC-
4 TION 22-2717, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL
5 CORRECTIONS; AMENDING SECTION 22-2718, IDAHO CODE, TO PROVIDE THAT THE
6 SOIL CONSERVATION COMMISSION SHALL PROVIDE THE ESTABLISHMENT AND ENCOUR-
7 AGEMENT OF THE IDAHO ONEPLAN AS A PRIMARY COMPUTER-BASED CONSERVATION
8 PLANNING PROCESS FOR ALL NATURAL RESOURCE CONCERNS, TO PROVIDE THAT THE
9 INFORMATION PROVIDED BY THOSE USING THE IDAHO ONEPLAN SHALL BE KEPT CONFI-
10 DENTIAL AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
11 DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 22-2716, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 22-2716. LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY. It is
16 hereby declared, as a matter of legislative determination:
17 A. The Condition. That the farm, ranch, range and forest lands of the
18 state of Idaho are among the basic assets of the state and that the preserva-
19 tion of these lands is necessary to protect and promote the health, safety,
20 and general welfare of its people; that improper land-use practices have
21 caused and have contributed to, and are now causing and contributing to, a
22 progressively more serious erosion of the farm, ranch, range and forest lands
23 of the state by wind and water; that the breaking of natural grass, plant, and
24 forest cover have interfered with the natural factors of soil stabilization,
25 causing loosening of soil and exhaustion of humus, and developing a soil con-
26 dition that favors erosion; that the topsoil is being blown and washed out of
27 fields and pastures; that there has been an accelerated washing of sloping
28 fields; that these processes of erosion by wind and water speed up with
29 removal of absorptive topsoil causing exposure of less absorptive and less
30 protective but more erosive subsoil; that failure by any land occupier to con-
31 serve the soil and control erosion upon his lands causes a washing and blowing
32 of soil and water from his lands onto other lands and makes the conservation
33 of soil and control of erosion on such other lands difficult or impossible.
34 B. The Consequences. That the consequences of such soil erosion in the
35 form of soil-blowing and soil-washing are the silting and sedimentation of
36 stream channels, reservoirs, dams and ditches; the loss of fertile soil mate-
37 rial in dust storms; the piling up of soil on lower slopes and its deposit
38 over alluvial plains; the reduction in productivity or outright ruin of rich
39 bottom lands by overwash of poor subsoil material, sand, and gravel swept out
40 of the hills; deterioration of soil and its fertility, deterioration of crops
41 grown thereon; loss of soil and water which causes destruction of food and
42 cover for wildlife; a blowing and washing of soil into streams which silts
43 over spawning beds, and destroys water plants, diminishing the food supply of
2
1 fish; a diminishing of the underground water reserve which causes water short-
2 ages, intensifies periods of drought, and causes crop failures; and increase
3 in the speed and volume of rainfall runoff, causing severe and increasing
4 floods, which bring suffering, disease, and death; impoverishment of families
5 attempting to farm eroding and eroded lands; damage to roads; highways, rail-
6 ways, farm buildings, and other property from floods and from dust storms; and
7 losses in hydroelectric power, municipal water supply, irrigation develop-
8 ments, farming and grazing.
9 C. The Appropriate Corrective Methods. That to conserve soil resources
10 and control and prevent soil erosion, and prevent floodwater and sediment
11 damages, and further the conservation, development, utilization, and disposal
12 of water it is necessary that land-use practices contributing to soil wastage
13 and soil erosion be discouraged and appropriate soil-conserving land-use prac-
14 tices including works of improvement for flood prevention and furthering the
15 conservation, development, utilization, and disposal of water be adopted and
16 carried out; that among the procedures necessary for widespread adoption, are
17 the carrying on of engineering operations such as the construction of ter-
18 races, terrace outlets, check dams, desilting basins, floodwater retarding
19 structures, channel improvements, floodwaters, dikes, ponds, ditches and the
20 like; the utilization of strip croppings, lister furrowing, contour cultivat-
21 ing, and contour furrowing; land drainage; land irrigation; seeding and plant-
22 ing of waste, sloping, abandoned, or eroded lands to water-conserving and
23 erosion-preventing plants, trees, and grasses; forestation and reforestation;
24 rotation of crops; soil stabilization with trees, grasses, legumes, and other
25 thick-growing, soil holding crops; retardation of runoff by increasing absorp-
26 tion of rainfall; and retirement from cultivation of steep, highly erosive
27 areas and areas now badly gullied or otherwise eroded.
28 D. Declaration of Policy. It is hereby declared to be the policy of the
29 legislature to provide for the conservation of the soil and soil resources of
30 this state, and for the control and prevention of soil erosion, and for the
31 prevention of floodwater and sediment damages, and for furthering the conser-
32 vation, development, utilization, and disposal of water, and thereby to pre-
33 serve natural resources, control floods, prevent impairment of dams and reser-
34 voirs, assist in maintaining the navigability of rivers and harbors, preserve
35 wildlife, protect the tax base, protect public lands, and promote the health,
36 safety, and general welfare of the people of this state.
37 It is hereby further declared to be the policy of the legislature that the
38 soil conservation commission provide support and service to soil conservation
39 districts in the wise use and enhancement of soil, water and related
40 resources.
41 E. Planning. The state also declares that the health, safety and general
42 welfare of the people of this state can be greatly enhanced by providing
43 opportunities to landowners and land users enabled to readily understand and
44 plan for local, state and federal natural resource requirements and opportuni-
45 ties through technological innovation and processes.
46 SECTION 2. That Section 22-2717, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 22-2717. DEFINITIONS. Whenever used or referred to in this act, unless a
49 different meaning clearly appears from the context:
50 (1) "District" or "soil conservation district" means a governmental
51 subdivision(s) of this state, and a public body corporate and politic, orga-
52 nized in accordance with the provisions of this act, for the purposes, with
53 the powers, and subject to the restrictions hereinafter set forth.
3
1 (2) "Supervisor" means one (1) of the members of the governing body of a
2 district elected or appointed in accordance with the provisions of this act.
3 (3) "Commission" or "state soil conservation commission" means the agency
4 created in section 22-2718, Idaho Code.
5 (4) "Agriculture" or "department of agriculture" means an executive
6 department of state government created in section 22-101, Idaho Code.
7 (5) "Petition" means a petition filed under the provisions of subsection
8 A. of section 22-2719, Idaho Code, for the creation of a district.
9 (6) "Nominating petition" means a petition filed under the provisions of
10 section 22-2721, Idaho Code, to nominate candidates for the office of supervi-
11 sor of a soil conservation district.
12 (7) "State" means the state of Idaho.
13 (8) "Agency of this state" includes the government of this state and any
14 subdivision, agency, or instrumentality, corporate or otherwise, of the gov-
15 ernment of this state.
16 (9) "United States" or "agencies of the United States" includes the
17 United States of America, the natural resources conservation service of the
18 United States department of agriculture, and any other agency or instrumental-
19 ity, corporate or otherwise, of the United States of America.
20 (10) "Government" or "governmental" includes the government of this state,
21 the government of the United States, and any subdivisions, agency, or instru-
22 mentality, corporate or otherwise, of either of them.
23 (11) "Landowner" includes any person, firm, or corporation who shall hold
24 title to any lands lying within a district organized under the provisions of
25 this act. A buyer on contract, who is the occupier of land, shall be construed
26 as landowner.
27 (12) "Due notice" means notice published at least twice, with an interval
28 of at least seven (7) days between the two (2) publication dates, in a news-
29 paper or other publication of general circulation within the appropriate area,
30 or if no such publication of general circulation be available, by posting at a
31 reasonable number of conspicuous places within the appropriate area, such
32 posting to include, where possible, posting at public places where it may be
33 customary to post notices concerning county or municipal affairs generally. At
34 any hearing held pursuant to such notice, at the time and place designated in
35 such notice, adjournment may be made from time to time without the necessity
36 of renewing such notice for such adjournment dates.
37 (13) "Qualified elector" means any person who is qualified to vote pursu-
38 ant to the requirements of section 34-104, Idaho Code.
39 (14) "Idaho association of soil conservation districts (IASCD)" means an
40 incorporated, nongovernmental entity representing all soil conservation dis-
41 tricts in Idaho.
42 (15) "Idaho OnePlan" means a computer-based system for improving effi-
43 ciency and effectiveness of natural resource planning by landowners and land
44 users.
45 SECTION 3. That Section 22-2718, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 22-2718. STATE SOIL CONSERVATION COMMISSION. A. There is hereby estab-
48 lished and created in the department of agriculture of the state of Idaho the
49 state soil conservation commission which shall in cooperation with the direc-
50 tor of the department of agriculture perform all functions conferred upon it
51 by this chapter. The soil conservation commission shall be a nonregulatory
52 agency. The commission shall consist of five (5) members appointed by the gov-
53 ernor, but no more than three (3) members shall be a member of the same polit-
4
1 ical party. The term of office of each commission member shall be five (5)
2 years; except that upon July 1, 1967, the governor shall appoint one (1) mem-
3 ber for a term of one (1) year, one (1) member for a term of two (2) years,
4 one (1) member for a term of three (3) years, one (1) member for a term of
5 four (4) years and one (1) member for a term of five (5) years. From and after
6 the initial appointment the governor shall appoint a member of the commission
7 to serve in office for a term of five (5) years commencing upon July 1 of that
8 year. A vacancy which occurs in an unexpired term shall be filled for its
9 remainder by the governor's appointment. Any commissioner may be removed dur-
10 ing his term of office by the governor. Any commissioner so removed shall have
11 notice of the same in writing, specifying the reasons for the removal. Each
12 vacancy on the commission shall be filled by appointment by the governor. Such
13 appointments shall be confirmed by the senate. The commission may invite the
14 state conservationist of the United States department of agriculture natural
15 resources conservation service, the president of the Idaho association of soil
16 conservation districts and the dean of the Ccollege of Aagriculture of the
17 Uuniversity of Idaho or his designated representative to serve as nonvoting
18 advisory members of the commission. The commission shall keep a record of its
19 official actions, shall adopt a seal, which seal shall be judicially noticed,
20 and may perform such acts, hold such public hearings, and promulgate such
21 rules as may be necessary for the execution of its functions under this act.
22 B. The director of the department of agriculture shall appoint the admin-
23 istrator of the soil conservation commission from persons recommended by the
24 soil conservation commission. The state soil conservation commission may
25 employ such technical experts and such other agents and employees, permanent
26 and temporary, as it may require, and shall determine their qualifications,
27 duties and compensation. The commission may call upon the attorney general of
28 the state for such legal services as it may require. It shall have authority
29 to delegate to its chairman, to one (1) or more of its members, or to one (1)
30 or more agents or employees, such powers and duties as it may deem proper. It
31 shall be supplied with suitable office accommodations, and shall be furnished
32 with the necessary supplies and equipment. Upon request of the commission, for
33 the purpose of carrying out any of its functions, the supervising officer of
34 any state agency, or of any state institution of learning shall insofar as may
35 be possible under available appropriation, and having due regard to the needs
36 of the agency to which the request is directed, assign or detail to the com-
37 mission members of the staff or personnel of such agency or institution of
38 learning, and make such special reports, surveys, or studies as the commission
39 may request.
40 C. The commission shall designate its chairman, and may from time to
41 time, change such designation. A majority of the commission shall constitute a
42 quorum, and the concurrency of a majority in any matter within their duties
43 shall be required for its determination. The chairman and members of the com-
44 mission shall be compensated as provided by section 59-509(h), Idaho Code. The
45 commission shall provide for the execution of surety bonds for all employees
46 and officers who shall be entrusted with funds or property; shall provide for
47 the keeping of a full and accurate record of all proceedings and of all reso-
48 lutions, and orders issued or adopted; and shall provide for an annual audit
49 of the accounts of receipts and disbursements.
50 D. In addition to the duties and powers hereinafter conferred upon the
51 state soil conservation commission, it shall have the following responsibili-
52 ties:
53 (1) To offer such assistance as may be appropriate to the supervisors of
54 soil conservation districts, organized as provided hereinafter, in the
55 carrying out of any of their powers and programs.
5
1 (2) To keep the supervisors of each of the several districts organized
2 under the provisions of this act informed of the activities and experience
3 of all other districts organized hereunder, and to facilitate an inter-
4 change of advice and experience between such districts and cooperation
5 between them.
6 (3) To coordinate the progress of the several soil conservation districts
7 organized hereunder so far as this may be done by advice and consultation.
8 (4) To secure the cooperation and assistance of the United States and any
9 of its agencies, and of agencies of this state, in the work of such dis-
10 tricts.
11 (5) To disseminate information throughout the state concerning the activ-
12 ities and programs of the soil conservation districts in areas where their
13 organization is desirable.
14 (6) To provide for the establishment and encouragement of the "Idaho
15 OnePlan" as a primary computer-based conservation planning process for all
16 natural resource concerns. Establishment and encouragement will be accom-
17 plished through an executive group and steering committee both containing
18 private, state and federal representation. The information provided by
19 those using the "Idaho OnePlan" shall be deemed to be trade secrets, pro-
20 duction records or other proprietary information and shall be kept confi-
21 dential and shall be exempt from disclosure pursuant to section 9-340D,
22 Idaho Code.
23 SECTION 4. This act shall be in full force and effect on and after July
24 1, 2000.
AH0559
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Branch
Seconded by Burtenshaw
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 559
1 AMENDMENT TO SECTION 3
2 On page 5, in line 16, following "representation." insert: "The informa-
3 tion provided by those using the "Idaho OnePlan" shall be deemed to be trade
4 secrets, production records or other proprietary information and shall be kept
5 confidential and shall be exempt from disclosure pursuant to section 9-340D,
6 Idaho Code.".
7 CORRECTION TO TITLE
8 On page 1, in line 8, following "CONCERNS" insert: ", TO PROVIDE THAT THE
9 INFORMATION PROVIDED BY THOSE USING THE IDAHO ONEPLAN SHALL BE KEPT CONFIDEN-
10 TIAL".
STATEMENT OF PURPOSE
RS09774
To provide for the recognition by the State of Idaho of the
establishment of the Idaho OnePlan as an effective internet
based natural resource planning process applicable to local
land managers meeting Total Maximum Daily Load (TMDL)
and other water quality and resource protection needs across the
State.
FISCAL NOTE
None.
CONTACT: Kent Foster, Executive Director
Idaho Association of Soil Conservation Districts (IASCD)
(208) 338-5900
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 55