2003 Legislation
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HOUSE BILL NO. 110 – Pend Oreille/Priest Lakes, Comm

HOUSE BILL NO. 110

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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.

Statement of Purpose / Fiscal Impact


    REPRINT     REPRINT     REPRINT     REPRINT     REPRINT
                                
                                
                      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