2000 Legislation
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HOUSE BILL NO. 559, As Amended in the Senate – Idaho OnePlan, naturl resource plan

HOUSE BILL NO. 559, As Amended in the Senate

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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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


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