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H0110aa,aaS................................................by STATE AFFAIRS
PEND OREILLE AND PRIEST LAKES - Adds to existing law to provide for the
creation of a Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest
River Commission; to provide membership of the commission; and to provide
duties of the commission.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to St Aff
02/05 Rpt out - to Gen Ord
02/07 Rpt out amen - to engros
02/10 Rpt engros - 1st rdg - to 2nd rdg as amen
02/11 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Langhorst, Mitchell
Floor Sponsors - Campbell & Eskridge
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Res/Env
03/13 Rpt out - to 14th Ord
03/17 Rpt out amen - to 1st rdg as amen
03/19 1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen - PASSED - 19-12-4
AYES -- Brandt, Bunderson, Burtenshaw, Cameron, Compton, Darrington,
Gannon, Geddes, Hill, Keough, Little, Lodge, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Stegner
NAYS -- Andreason, Bailey, Burkett, Goedde, Ingram, Kennedy,
Malepeai, Marley, Schroeder, Stennett, Sweet, Werk
Absent and excused -- Calabretta, Davis, Sorensen, Williams
Floor Sponsor - Keough
Title apvd - to House
03/25 House concurred in Senate amens - to engros
03/26 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 - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest(Bray),
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato,
Nielsen, Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Gagner, Ridinger
Floor Sponsors - Campbell & Eskridge
Title apvd - to enrol
03/31 Rpt enrol - Sp signed
04/01 Pres signed
To Governor
04/07 Governor signed
Session Law Chapter 231
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 110
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CREATION OF A LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST
3 LAKE AND PRIEST RIVER COMMISSION; AMENDING TITLE 39, IDAHO CODE, BY THE
4 ADDITION OF A NEW CHAPTER 84, TITLE 39, IDAHO CODE, TO PROVIDE FOR CRE-
5 ATION OF THE LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
6 RIVER COMMISSION, TO PROVIDE MEMBERSHIP, TO PROVIDE DUTIES AND TO ESTAB-
7 LISH THE LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
8 RIVER COMMISSION FUND.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 84, Title 39, Idaho Code, and to read as follows:
13 CHAPTER 84
14 LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER
15 COMMISSION
16 39-8401. CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE
17 AND PRIEST RIVER COMMISSION. There is hereby created in the area in and around
18 Bonner county, the Lake Pend Oreille, Pend Oreille River, Priest Lake and
19 Priest River commission.
20 39-8402. MEMBERSHIP. The commission shall consist of seven (7) members as
21 follows: a chairman and four (4) members who shall be residents of the county
22 of Bonner and shall be selected by the governor, the regional director of the
23 United States fish and wildlife service, and the attorney general of the state
24 of Idaho or the attorney general's designee. The governor of the state of Mon-
25 tana or the Montana governor's designee shall be an ex officio member of the
26 commission. A majority of the commission shall constitute a quorum for the
27 transaction of business. The chairman and the four (4) members appointed by
28 the governor shall be confirmed by the senate. Members shall be compensated as
29 provided in section 59-509(b), Idaho Code.
30 39-8403. DUTIES OF THE COMMISSION. The Lake Pend Oreille, Pend Oreille
31 River, Priest Lake and Priest River commission shall have the duty to study,
32 investigate and select ways and means of controlling the water quality and
33 water quantity as they relate to waters of Lake Pend Oreille, Pend Oreille
34 River, Priest Lake and Priest River for the communities' interests and inter-
35 ests of the state of Idaho and for the survival of the native species of fish
36 contiguous to the Pend Oreille Priest Basin. Those species are bull trout,
37 westslope cutthroat, mountain white fish, pike minnow and the forage base for
38 bull trout and kokanee salmon. The commission shall have the authority to
39 study, investigate, develop and select strategies with the department of water
40 resources, the department of environmental quality, the United States fish and
2
1 wildlife service, and the U.S. army corps of engineers for the preservation of
2 the said species of native fish, scenic beauty, health, recreation, transpor-
3 tation and commercial purposes necessary and desirable for all the inhabitants
4 of the state. The commission shall also have the authority to receive and
5 direct any mitigation moneys into the Lake Pend Oreille, Pend Oreille River,
6 Priest Lake and Priest River commission fund created in section 39-8404, Idaho
7 Code.
8 39-8404. LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
9 RIVER COMMISSION FUND ESTABLISHED. There is hereby created in the state trea-
10 sury the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River
11 commission fund. Moneys in the fund shall consist of appropriations, federal
12 funds, mitigation moneys, donations or moneys of any source. Moneys in the
13 fund are perpetually appropriated and may be dispersed for necessary correc-
14 tive actions to complete the corrective measures as they pertain to duties of
15 the commission created under this chapter. The release of any mitigation funds
16 from the fund shall be authorized by the state board of examiners. Moneys in
17 the fund may be used to pay the administrative costs of the commission.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Campbell
Seconded by Shepherd
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 110
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 30, following "COMMISSION." insert:
3 "(1)"; and on page 2, following line 7, insert:
4 "(2) Nothing in this section shall be construed to authorize the commis-
5 sion to establish or require minimum stream flows or lake levels, which may
6 only be established under the provisions of chapter 15, title 42, Idaho
7 Code.".
Moved by Clark
Seconded by Campbell
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 110
8 AMENDMENTS TO SECTION 1
9 On page 1 of the printed bill, in line 21, delete "shall" and insert:
10 "may"; in line 22, following "governor" delete "," and insert: ";" and in
11 line 23, following "service" delete "," and insert: ";".
Moved by Keough
Seconded by Williams
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 110, As Amended
12 AMENDMENTS TO SECTION 1
13 On page 1 of the engrossed bill, in line 26, following "commission."
14 insert: "The terms of the members shall be three (3) years with the initial
15 term to be staggered in terms of one (1), two (2) and three (3) years by the
16 governor when he makes the appointment."; in line 40 following "quality,"
17 insert: "the department of fish and game, the department of lands,".
18 On page 2, in line 14, delete "shall" and insert: "may"; and in line 16,
19 delete "are perpetually appropriated and".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 110, As Amended, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CREATION OF A LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST
3 LAKE AND PRIEST RIVER COMMISSION; AMENDING TITLE 39, IDAHO CODE, BY THE
4 ADDITION OF A NEW CHAPTER 84, TITLE 39, IDAHO CODE, TO PROVIDE FOR CRE-
5 ATION OF THE LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
6 RIVER COMMISSION, TO PROVIDE MEMBERSHIP, TO PROVIDE DUTIES AND TO ESTAB-
7 LISH THE LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
8 RIVER COMMISSION FUND.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 84, Title 39, Idaho Code, and to read as follows:
13 CHAPTER 84
14 LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST RIVER
15 COMMISSION
16 39-8401. CREATION OF LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE
17 AND PRIEST RIVER COMMISSION. There is hereby created in the area in and around
18 Bonner county, the Lake Pend Oreille, Pend Oreille River, Priest Lake and
19 Priest River commission.
20 39-8402. MEMBERSHIP. The commission shall consist of seven (7) members as
21 follows: a chairman and four (4) members who may be residents of the county of
22 Bonner and shall be selected by the governor; the regional director of the
23 United States fish and wildlife service; and the attorney general of the state
24 of Idaho or the attorney general's designee. The governor of the state of Mon-
25 tana or the Montana governor's designee shall be an ex officio member of the
26 commission. The terms of the members shall be three (3) years with the initial
27 term to be staggered in terms of one (1), two (2) and three (3) years by the
28 governor when he makes the appointment. A majority of the commission shall
29 constitute a quorum for the transaction of business. The chairman and the four
30 (4) members appointed by the governor shall be confirmed by the senate. Mem-
31 bers shall be compensated as provided in section 59-509(b), Idaho Code.
32 39-8403. DUTIES OF THE COMMISSION. (1) The Lake Pend Oreille, Pend
33 Oreille River, Priest Lake and Priest River commission shall have the duty to
34 study, investigate and select ways and means of controlling the water quality
35 and water quantity as they relate to waters of Lake Pend Oreille, Pend Oreille
36 River, Priest Lake and Priest River for the communities' interests and inter-
37 ests of the state of Idaho and for the survival of the native species of fish
38 contiguous to the Pend Oreille Priest Basin. Those species are bull trout,
39 westslope cutthroat, mountain white fish, pike minnow and the forage base for
40 bull trout and kokanee salmon. The commission shall have the authority to
2
1 study, investigate, develop and select strategies with the department of water
2 resources, the department of environmental quality, the department of fish and
3 game, the department of lands, the United States fish and wildlife service,
4 and the U.S. army corps of engineers for the preservation of the said species
5 of native fish, scenic beauty, health, recreation, transportation and commer-
6 cial purposes necessary and desirable for all the inhabitants of the state.
7 The commission shall also have the authority to receive and direct any mitiga-
8 tion moneys into the Lake Pend Oreille, Pend Oreille River, Priest Lake and
9 Priest River commission fund created in section 39-8404, Idaho Code.
10 (2) Nothing in this section shall be construed to authorize the commis-
11 sion to establish or require minimum stream flows or lake levels, which may
12 only be established under the provisions of chapter 15, title 42, Idaho Code.
13 39-8404. LAKE PEND OREILLE, PEND OREILLE RIVER, PRIEST LAKE AND PRIEST
14 RIVER COMMISSION FUND ESTABLISHED. There is hereby created in the state trea-
15 sury the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River
16 commission fund. Moneys in the fund may consist of appropriations, federal
17 funds, mitigation moneys, donations or moneys of any source. Moneys in the
18 fund may be dispersed for necessary corrective actions to complete the correc-
19 tive measures as they pertain to duties of the commission created under this
20 chapter. The release of any mitigation funds from the fund shall be authorized
21 by the state board of examiners. Moneys in the fund may be used to pay the
22 administrative costs of the commission.
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STATEMENT OF PURPOSE
RS 12544C2
This legislation would amend title 39, Idaho Code, and would add
a new chapter designated as chapter 84, title 39, for the purpose
of creating an authority that would have oversight for planning
and selection of best management plans, as those plans affect
water quality, and quantity in the Pend Oreille/Priest River
Basin.
FISCAL IMPACT
There will be no impact on the state general fund.
Sponsor: Rep. John Campbell
(208)-332-1260
Co-Sponsor: Sen. Shawn Keough
(208)-332-1376
Co-Sponsor: Rep. George Eskridge
(208)-332-1270
STATEMENT OF PURPOSE/FISCAL NOTE H 11