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H0252aa.......................................................by STATE AFFAIRS FISH AND GAME COMMISSION - Amends existing law to provide certain requirements for the acquisition of land by the Fish and Game Commission. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Res/Con 02/28 Rpt out - to Gen Ord 03/05 Rpt out - w/o amen - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/13 Ret'd to Res/Con 03/26 Rpt out - to Gen Ord 03/28 Rpt out amen - to engros 03/31 Rpt engros - 1st rdg - to 2nd rdg as amen 04/01 2nd rdg - to 3rd rdg as amen 04/02 3rd rdg as amen - FAILED - 34-35-1 AYES -- Barrett, Bauer, Bedke, Bell, Block, Bradford, Campbell, Collins, Crow, Deal, Eberle, Eskridge, Field(18), Field(23), Garrett, Harwood, Kulczyk, Langford, McGeachin, McKague, Meyer, Moyle, Raybould, Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Stevenson, Tilman, Wood, Mr. Speaker NAYS -- Andersen, Barraclough, Bieter, Black, Boe, Bolz, Cannon, Clark, Cuddy, Douglas, Edmunson, Ellsworth, Gagner, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, Miller, Mitchell, Naccarato, Nielsen, Ringo, Robison, Sayler, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills Absent and excused -- Denney Floor Sponsors - Eskridge & Campbell Filed w/Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 252 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE, 3 TO PROVIDE CERTAIN REQUIREMENTS FOR THE ACQUISITION OF LAND BY THE COMMIS- 4 SION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 9 Meetings. The members of the commission shall annually meet at their offices 10 and organize by electing from their membership a chairman, who shall hold 11 office for a period of one (1) year, or until his successor has been duly 12 elected. In addition to the regular annual meeting, to be held in January, 13 said commission shall hold other regular quarterly meetings in April, July and 14 October of each year at such places within the state as the commission shall 15 select for the transaction of business. Special meetings may be called at any 16 time and place by the chairman or a majority of the members of the commission. 17 Notice of the time, place and purpose of any and all special meetings shall be 18 given by the secretary to each member of the commission prior to said meeting. 19 (b) Authorization for Commission Powers and Duties. For the purpose of 20 administering the policy as declared in section 36-103, Idaho Code, the com- 21 mission is hereby authorized and empowered to: 22 1. Investigate and find facts regarding the status of the state's wild- 23 life populations in order to give effect to the policy of the state here- 24 inbefore announced. 25 2. Hold hearings for the purpose of hearing testimony, considering evi- 26 dence and determining the facts as to when the supply of any of the wild- 27 life in this state will be injuriously affected by the taking thereof, or 28 for the purpose of determining when an open season may be declared for the 29 taking of wildlife. Whenever said commission determines that the supply of 30 any particular species of wildlife is being, or will be, during any par- 31 ticular period of time, injuriously affected by depletion by permitting 32 the same to be taken, or if it should find a longer or different season, 33 or different bag limit should be adopted for the better protection 34 thereof, or if it finds that an open season may be declared without endan- 35 gering the supply thereof, then it shall make a rule or proclamation 36 embodying its findings in respect to when, under what circumstances, in 37 which localities, by what means, what sex, and in what amounts and numbers 38 the wildlife of this state may be taken. 39 3. Whenever it finds it necessary for the preservation, protection, or 40 management of any wildlife of this state, by reason of any act of God or 41 any other sudden or unexpected emergency, declare by temporary rule or 42 proclamation the existence of such necessity, and the cause thereof, and 43 prescribe and designate all affected areas or streams, and close the same 2 1 to hunting, angling or trapping, or impose such restrictions and condi- 2 tions upon hunting, angling or trapping as said commission shall find to 3 be necessary. Every such temporary rule shall be made in accordance with 4 the provisions of chapter 52, title 67, Idaho Code. 5 4. At any time it shall deem necessary for the proper management of wild- 6 life on any game preserve in the state of Idaho, declare an open season 7 in any game preserve as it deems appropriate. 8 5. (A) Upon notice to the public, hold a public drawing giving to 9 license holders, under the wildlife laws of this state, the privilege 10 of drawing by lot for a controlled hunt permit authorizing the person 11 to whom issued to hunt, kill, or attempt to kill any species of wild 12 animals or birds designated by the commission under such rules as it 13 shall prescribe. 14 (B) The commission may, under rules or proclamations as it may pre- 15 scribe, authorize the director to issue additional controlled hunt 16 permits and collect fees therefor authorizing landowners of property 17 valuable for habitat or propagation purposes of deer, elk or ante- 18 lope, or the landowner's designated agent(s) to hunt deer, elk or 19 antelope in controlled hunts containing the eligible property owned 20 by those landowners in units where any permits for deer, elk or ante- 21 lope are limited. 22 (C) A nonrefundable fee as specified in section 36-416, Idaho Code, 23 shall be charged each applicant for a controlled hunt permit. Suc- 24 cessful applicants for controlled hunt permits shall be charged the 25 fee as specified in section 36-416, Idaho Code. Additionally, a fee 26 may be charged for telephone and credit card orders in accordance 27 with subsection (e)11. of section 36-106, Idaho Code. The department 28 shall include a checkoff form to allow applicants to designate one 29 dollar ($1.00) of such nonrefundable application fee for transmittal 30 to the reward fund of citizens against poaching, inc., an Idaho non- 31 profit corporation. The net proceeds from the nonrefundable fee shall 32 be deposited in the fish and game account and none of the net pro- 33 ceeds shall be used to purchase lands. 34 6. Adopt rules pertaining to the importation, exportation, release, sale, 35 possession or transportation into, within or from the state of Idaho of 36 any species of live, native or exotic wildlife or any eggs thereof. 37 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 38 nation, lease, agreement, gift, or other device, lands or waters suitable 39 for the purposes hereinafter enumerated in this paragraph. Whenever the 40 commission proposes to purchase a tract of land in excess of fifteen (15) 41 acres, the commission shall notify the board of county commissioners of 42 the county where this land is located of the intended action. The board of 43 county commissioners shall have ten (10) days after official notification 44 to notify the commission whether or not they desire the commission to hold 45 a public hearing on the intended purchase in the county. The commission 46 shall give serious consideration to all public input received at the pub- 47 lic hearing before making a final decision on the proposed acquisition. 48 Following any land purchase, the fish and game commission shall provide, 49 upon request by the board of county commissioners, within one hundred 50 twenty (120) days, a management plan for the area purchased that would 51 address noxious weed control, fencing, water management and other impor- 52 tant issues raised during the public hearing. When considering purchasing 53 lands pursuant to this paragraph, the commission shall first make a good 54 faith attempt to obtain a conservation easement, as provided in chapter 55 21, title 55, Idaho Code, before it may begin proceedings to purchase, 3 1 condemn or otherwise acquire such lands. If the attempt to acquire a con- 2 servation easement is unsuccessful and the commission then purchases, 3 condemns or otherwise acquires the lands, the commission shall record in 4 writing the reasons why the attempt at acquiring the conservation easement 5 was unsuccessful and then file the same in its records and in a report to 6 the joint finance-appropriations committee. The commission shall develop, 7 operate, and maintain the lands, waters or conservation easements for said 8 purposes, which are hereby declared a public use: 9 (A) For fish hatcheries, nursery ponds, or game animal or game bird 10 farms; 11 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 12 tion or protection; 13 (C) For public hunting, fishing or trapping areas to provide places 14 where the public may fish, hunt, or trap in accordance with the pro- 15 visions of law, or the regulation of the commission; 16 (D) To extend and consolidate by exchange, lands or waters suitable 17 for the above purposes. 18 8. In the event the commission proposes to acquire through purchase, pos- 19 session, management, or any other means, a tract of land or an interest in 20 a tract of land in any county, the commission shall first be required to 21 sell another tract or tracts of land, equal to or greater in combined size 22 than the proposed new acquisition, which it owns or in which it possesses 23 an interest and which are located within the same county. In the event the 24 commission does not own or possess an interest in any tract or tracts of 25 land within the county of the proposed new acquisition, or in the event 26 the tract or tracts of land located within the county of the proposed new 27 acquisition that are sold pursuant to the provisions of this subsection 28 are not equal to or greater in combined size than the proposed new acqui- 29 sition, then the commission shall be required to sell a tract or tracts of 30 land located in another county to satisfy this requirement. 31 9. Enter into cooperative agreements with educational institutions, and 32 state, federal, or other agencies to promote wildlife research and to 33 train students for wildlife management. 34910. Enter into cooperative agreements with state and federal agencies, 35 municipalities, corporations, organized groups of landowners, associa- 36 tions, and individuals for the development of wildlife rearing, propagat- 37 ing, management, protection and demonstration projects. 38 101. In the event owners or lawful possessors of land have restricted the 39 operation of motor-propelled vehicles upon their land, the commission, 40 upon consultation with all other potentially affected landowners, and hav- 41 ing held a public hearing, if requested by not less than ten (10) resi- 42 dents of any county in which the land is located, may enter into coopera- 43 tive agreements with those owners or possessors to enforce those restric- 44 tions when the restrictions protect wildlife or wildlife habitat. Pro- 45 vided, however, the commission shall not enter into such agreements for 46 lands which either lie outside or are not adjacent to any adjoining the 47 proclaimed boundaries of the national forests in Idaho. 48 (A) The landowners, with the assistance of the department, shall 49 cause notice of the restrictions, including the effective date 50 thereof, to be posted on the main traveled roads entering the areas 51 to which the restrictions apply. Provided, however, that nothing in 52 this subsection shall allow the unlawful posting of signs or other 53 information on or adjacent to public highways as defined in subsec- 54 tion (5) of section 40-109, Idaho Code. 55 (B) Nothing in this section authorizes the establishment of any 4 1 restrictions that impede normal forest or range management opera- 2 tions. 3 (C) No person shall violate such restrictions on the use of motor- 4 propelled vehicles or tear down or lay down any fencing or gates 5 enclosing such a restricted area or remove, mutilate, damage or 6 destroy any notices, signs or markers giving notice of such restric- 7 tions. The commission may promulgate rules to administer the restric- 8 tions and cooperative agreements addressed in this subsection. 9 112. Capture, propagate, transport, buy, sell or exchange any species of 10 wildlife needed for propagation or stocking purposes, or to exercise con- 11 trol of undesirable species. 12 123. Adopt rules pertaining to the application for, issuance of and admin- 13 istration of a lifetime license certificate system. 14 134. Adopt rules governing the application and issuance of permits for and 15 administration of fishing contests on waters under the jurisdiction of the 16 state. The fee for each permit shall be as provided for in section 36-416, 17 Idaho Code. 18 145. Adopt rules governing the application for and issuance of licenses by 19 telephone and other electronic methods. 20 156. Enter into agreements with cities, counties, recreation districts or 21 other political subdivisions for the lease of lands or waters, in accor- 22 dance with all other applicable laws, including applicable provisions of 23 titles 42 and 43, Idaho Code, to cost-effectively provide recreational 24 opportunities for taxpayers or residents of those local governments or 25 political subdivisions. 26 (c) Limitation on Powers. Nothing in this title shall be construed to 27 authorize the commission to change any penalty prescribed by law for a viola- 28 tion of its provisions, or to change the amount of license fees or the author- 29 ity conferred by licenses prescribed by law. 30 (d) Organization of Work. The commission shall organize the department, 31 in accordance with the provisions of title 67, Idaho Code, into administrative 32 units as may be necessary to efficiently administer said department. All 33 employees of the department except the director shall be selected and 34 appointed by the director in conformance with the provisions of chapter 53, 35 title 67, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Eskridge Seconded by Barrett IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 252 1 AMENDMENTS TO SECTION 1 2 On page 3 of the printed bill, in line 18, delete "In the event the com- 3 mission proposes to acquire through purchase, pos-"; and delete lines 19 4 through 30 and insert: "In the event the commission proposes to acquire 5 through purchase, possession, management, or any other means, a tract of land 6 or an interest in a tract of land in any county that has twenty-five percent 7 (25%) or less of its land in private ownership, the commission shall be 8 required to obtain the agreement of the county's board of county commissioners 9 for the acquisition.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 252, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE, 3 TO PROVIDE CERTAIN REQUIREMENTS FOR THE ACQUISITION OF LAND BY THE COMMIS- 4 SION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 9 Meetings. The members of the commission shall annually meet at their offices 10 and organize by electing from their membership a chairman, who shall hold 11 office for a period of one (1) year, or until his successor has been duly 12 elected. In addition to the regular annual meeting, to be held in January, 13 said commission shall hold other regular quarterly meetings in April, July and 14 October of each year at such places within the state as the commission shall 15 select for the transaction of business. Special meetings may be called at any 16 time and place by the chairman or a majority of the members of the commission. 17 Notice of the time, place and purpose of any and all special meetings shall be 18 given by the secretary to each member of the commission prior to said meeting. 19 (b) Authorization for Commission Powers and Duties. For the purpose of 20 administering the policy as declared in section 36-103, Idaho Code, the com- 21 mission is hereby authorized and empowered to: 22 1. Investigate and find facts regarding the status of the state's wild- 23 life populations in order to give effect to the policy of the state here- 24 inbefore announced. 25 2. Hold hearings for the purpose of hearing testimony, considering evi- 26 dence and determining the facts as to when the supply of any of the wild- 27 life in this state will be injuriously affected by the taking thereof, or 28 for the purpose of determining when an open season may be declared for the 29 taking of wildlife. Whenever said commission determines that the supply of 30 any particular species of wildlife is being, or will be, during any par- 31 ticular period of time, injuriously affected by depletion by permitting 32 the same to be taken, or if it should find a longer or different season, 33 or different bag limit should be adopted for the better protection 34 thereof, or if it finds that an open season may be declared without endan- 35 gering the supply thereof, then it shall make a rule or proclamation 36 embodying its findings in respect to when, under what circumstances, in 37 which localities, by what means, what sex, and in what amounts and numbers 38 the wildlife of this state may be taken. 39 3. Whenever it finds it necessary for the preservation, protection, or 40 management of any wildlife of this state, by reason of any act of God or 41 any other sudden or unexpected emergency, declare by temporary rule or 42 proclamation the existence of such necessity, and the cause thereof, and 43 prescribe and designate all affected areas or streams, and close the same 2 1 to hunting, angling or trapping, or impose such restrictions and condi- 2 tions upon hunting, angling or trapping as said commission shall find to 3 be necessary. Every such temporary rule shall be made in accordance with 4 the provisions of chapter 52, title 67, Idaho Code. 5 4. At any time it shall deem necessary for the proper management of wild- 6 life on any game preserve in the state of Idaho, declare an open season 7 in any game preserve as it deems appropriate. 8 5. (A) Upon notice to the public, hold a public drawing giving to 9 license holders, under the wildlife laws of this state, the privilege 10 of drawing by lot for a controlled hunt permit authorizing the person 11 to whom issued to hunt, kill, or attempt to kill any species of wild 12 animals or birds designated by the commission under such rules as it 13 shall prescribe. 14 (B) The commission may, under rules or proclamations as it may pre- 15 scribe, authorize the director to issue additional controlled hunt 16 permits and collect fees therefor authorizing landowners of property 17 valuable for habitat or propagation purposes of deer, elk or ante- 18 lope, or the landowner's designated agent(s) to hunt deer, elk or 19 antelope in controlled hunts containing the eligible property owned 20 by those landowners in units where any permits for deer, elk or ante- 21 lope are limited. 22 (C) A nonrefundable fee as specified in section 36-416, Idaho Code, 23 shall be charged each applicant for a controlled hunt permit. Suc- 24 cessful applicants for controlled hunt permits shall be charged the 25 fee as specified in section 36-416, Idaho Code. Additionally, a fee 26 may be charged for telephone and credit card orders in accordance 27 with subsection (e)11. of section 36-106, Idaho Code. The department 28 shall include a checkoff form to allow applicants to designate one 29 dollar ($1.00) of such nonrefundable application fee for transmittal 30 to the reward fund of citizens against poaching, inc., an Idaho non- 31 profit corporation. The net proceeds from the nonrefundable fee shall 32 be deposited in the fish and game account and none of the net pro- 33 ceeds shall be used to purchase lands. 34 6. Adopt rules pertaining to the importation, exportation, release, sale, 35 possession or transportation into, within or from the state of Idaho of 36 any species of live, native or exotic wildlife or any eggs thereof. 37 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 38 nation, lease, agreement, gift, or other device, lands or waters suitable 39 for the purposes hereinafter enumerated in this paragraph. Whenever the 40 commission proposes to purchase a tract of land in excess of fifteen (15) 41 acres, the commission shall notify the board of county commissioners of 42 the county where this land is located of the intended action. The board of 43 county commissioners shall have ten (10) days after official notification 44 to notify the commission whether or not they desire the commission to hold 45 a public hearing on the intended purchase in the county. The commission 46 shall give serious consideration to all public input received at the pub- 47 lic hearing before making a final decision on the proposed acquisition. 48 Following any land purchase, the fish and game commission shall provide, 49 upon request by the board of county commissioners, within one hundred 50 twenty (120) days, a management plan for the area purchased that would 51 address noxious weed control, fencing, water management and other impor- 52 tant issues raised during the public hearing. When considering purchasing 53 lands pursuant to this paragraph, the commission shall first make a good 54 faith attempt to obtain a conservation easement, as provided in chapter 55 21, title 55, Idaho Code, before it may begin proceedings to purchase, 3 1 condemn or otherwise acquire such lands. If the attempt to acquire a con- 2 servation easement is unsuccessful and the commission then purchases, 3 condemns or otherwise acquires the lands, the commission shall record in 4 writing the reasons why the attempt at acquiring the conservation easement 5 was unsuccessful and then file the same in its records and in a report to 6 the joint finance-appropriations committee. The commission shall develop, 7 operate, and maintain the lands, waters or conservation easements for said 8 purposes, which are hereby declared a public use: 9 (A) For fish hatcheries, nursery ponds, or game animal or game bird 10 farms; 11 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 12 tion or protection; 13 (C) For public hunting, fishing or trapping areas to provide places 14 where the public may fish, hunt, or trap in accordance with the pro- 15 visions of law, or the regulation of the commission; 16 (D) To extend and consolidate by exchange, lands or waters suitable 17 for the above purposes. 18 8. In the event the commission proposes to acquire through purchase, pos- 19 session, management, or any other means, a tract of land or an interest in 20 a tract of land in any county that has twenty-five percent (25%) or less 21 of its land in private ownership, the commission shall be required to 22 obtain the agreement of the county's board of county commissioners for the 23 acquisition. 24 9. Enter into cooperative agreements with educational institutions, and 25 state, federal, or other agencies to promote wildlife research and to 26 train students for wildlife management. 27910. Enter into cooperative agreements with state and federal agencies, 28 municipalities, corporations, organized groups of landowners, associa- 29 tions, and individuals for the development of wildlife rearing, propagat- 30 ing, management, protection and demonstration projects. 31 101. In the event owners or lawful possessors of land have restricted the 32 operation of motor-propelled vehicles upon their land, the commission, 33 upon consultation with all other potentially affected landowners, and hav- 34 ing held a public hearing, if requested by not less than ten (10) resi- 35 dents of any county in which the land is located, may enter into coopera- 36 tive agreements with those owners or possessors to enforce those restric- 37 tions when the restrictions protect wildlife or wildlife habitat. Pro- 38 vided, however, the commission shall not enter into such agreements for 39 lands which either lie outside or are not adjacent to any adjoining the 40 proclaimed boundaries of the national forests in Idaho. 41 (A) The landowners, with the assistance of the department, shall 42 cause notice of the restrictions, including the effective date 43 thereof, to be posted on the main traveled roads entering the areas 44 to which the restrictions apply. Provided, however, that nothing in 45 this subsection shall allow the unlawful posting of signs or other 46 information on or adjacent to public highways as defined in subsec- 47 tion (5) of section 40-109, Idaho Code. 48 (B) Nothing in this section authorizes the establishment of any 49 restrictions that impede normal forest or range management opera- 50 tions. 51 (C) No person shall violate such restrictions on the use of motor- 52 propelled vehicles or tear down or lay down any fencing or gates 53 enclosing such a restricted area or remove, mutilate, damage or 54 destroy any notices, signs or markers giving notice of such restric- 55 tions. The commission may promulgate rules to administer the restric- 4 1 tions and cooperative agreements addressed in this subsection. 2 112. Capture, propagate, transport, buy, sell or exchange any species of 3 wildlife needed for propagation or stocking purposes, or to exercise con- 4 trol of undesirable species. 5 123. Adopt rules pertaining to the application for, issuance of and admin- 6 istration of a lifetime license certificate system. 7 134. Adopt rules governing the application and issuance of permits for and 8 administration of fishing contests on waters under the jurisdiction of the 9 state. The fee for each permit shall be as provided for in section 36-416, 10 Idaho Code. 11 145. Adopt rules governing the application for and issuance of licenses by 12 telephone and other electronic methods. 13 156. Enter into agreements with cities, counties, recreation districts or 14 other political subdivisions for the lease of lands or waters, in accor- 15 dance with all other applicable laws, including applicable provisions of 16 titles 42 and 43, Idaho Code, to cost-effectively provide recreational 17 opportunities for taxpayers or residents of those local governments or 18 political subdivisions. 19 (c) Limitation on Powers. Nothing in this title shall be construed to 20 authorize the commission to change any penalty prescribed by law for a viola- 21 tion of its provisions, or to change the amount of license fees or the author- 22 ity conferred by licenses prescribed by law. 23 (d) Organization of Work. The commission shall organize the department, 24 in accordance with the provisions of title 67, Idaho Code, into administrative 25 units as may be necessary to efficiently administer said department. All 26 employees of the department except the director shall be selected and 27 appointed by the director in conformance with the provisions of chapter 53, 28 title 67, Idaho Code.
STATEMENT OF PURPOSE RS 12930 The purpose of this legislation is to adopt a "no net loss of land" policy for land acquisitions by the Idaho Dept. of Fish & Game. Many counties of Idaho have a high percentage of the land within them in public ownership. Land in public ownership takes away revenues from lost property taxes and loss of either agricultural production and the accompanying economic benefits or development or production of some other economic benefitting enterprise. This increases the burden on remaining private land owners for funding of schools, roads, and other county infrastructure and limits a community's options for their future economy and livelihood. Because there is so much money available through the dam mitigation and re licensing processes, land acquisitions will continue by the Dept. of Fish & Game. This legislation would require that new acquisitions be offset by a like amount of acreage going back into private ownership from the Dept. FISCAL IMPACT There is no impact to the general fund. Contact Name: Sen.Shawn Keough Rep. John Campbell Rep. George Eskridge Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 252