2004 Legislation
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HOUSE BILL NO. 511 – Land Bd, solicit bids/contract work


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Bill Status

H0511......................................................by STATE AFFAIRS
LAND BOARD - Amends existing law to provide that the State Board of Land
Commissioners shall have power to solicit bids and contract work to be
01/21    House intro - 1st rdg - to printing
01/22    Rpt prt - to St Aff
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bradford, Campbell, Cannon, Clark(Jorgenson),
      Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      NAYS -- None
      Absent and excused -- Bolz, Gagner, Henbest, Skippen, Wood
    Floor Sponsor - Edmunson
    Title apvd - to Senate
02/06    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 27-0-8
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Burkett, Cameron, Davis, Noble, Noh,
      Stennett, Williams
    Floor Sponsor - Little
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 154
         Effective: 07/01/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 511
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 58-104, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
  8        58-104.  STATE  LAND  BOARD  -- POWERS AND DUTIES. The state board of land
  9    commissioners shall have power:
 10        1.  To exercise the general direction, control and disposition of the pub-
 11    lic lands of the state.
 12        2.  To appoint its executive officer, the director of  the  department  of
 13    lands.
 14        3.  To perform legislative functions not inconsistent with law and to del-
 15    egate  to  its executive officer and his assistants the execution of all poli-
 16    cies adopted by it.
 17        4.  To review upon appeal all decisions of the director of the  department
 18    of lands in contested matters.
 19        5.  To  determine  the  policy,  direct the work to be undertaken, solicit
 20    bids, contract for work to be performed, and appropriate from  its  funds  the
 21    money necessary to carry out such work.
 22        6.  To  prescribe  rules, not inconsistent with law, for the government of
 23    the department, the conduct of its employees and clerks, the distribution  and
 24    performance  of  its  business  and  the  custody, use and preservation of the
 25    records, papers, books, documents, and property pertaining thereto.
 26        7.  To engage in reseeding and reforestation programs on the public  lands
 27    of the state.
 28        8.  To  exchange  any  public lands of the state, over which the board has
 29    power of disposition and control for lands of equal value, the title to which,
 30    or power of disposition, belongs or is vested in the governing body  or  board
 31    of trustees of any state governmental unit, agency or institution.
 32        9.  To regulate and control the use or disposition of lands in the beds of
 33    navigable  lakes,  rivers  and  streams, to the natural or ordinary high water
 34    mark thereof, so as to provide  for  their  commercial,  navigational,  recre-
 35    ational  or other public use; provided, that the board shall take no action in
 36    derogation of or seeking to interfere with the riparian or littoral rights  of
 37    the  owners  of  upland property abutting or adjoining such lands; except that
 38    when necessary to provide for the highest and best use of such lands for  com-
 39    mercial,  navigational,  recreational  or other public purposes, the board may
 40    acquire the riparian or littoral rights of upland owners by purchase or  gift.
 41    The term "natural or ordinary high water mark" as herein used shall be defined
 42    to be the line which the water impresses on the soil by covering it for suffi-
 43    cient  periods to deprive the soil of its vegetation and destroy its value for
  1    agricultural purposes. Provided that this definition shall not be construed so
  2    as to affect or change the vested property rights of either the state of Idaho
  3    or of riparian or littoral property owners. Lands lying below the meander line
  4    of a lake bed encompassing a national wildlife refuge as established under the
  5    authority of the Migratory Bird Conservation Act  of  February  18,  1929  (45
  6    Stat.  1222), as amended, or the Fish  and Wildlife Coordination Act (48 Stat.
  7    401), as amended, or the Fish and Wildlife Act of 1956  (70  Stat.  1119),  as
  8    amended (16 USC 742a through 742i), are not subject to the application of this
  9    act.
 10        10. To  enter  into  a  joint exercise of powers agreement with the United
 11    States forest service in the department of agriculture,  pursuant  to  section
 12    67-2328, Idaho Code.
 13        11. To direct and oversee the conduct and operations of the endowment fund
 14    investment board and the Idaho department of  lands.
 15        12. To appoint and consult with expert advisors for each critical function
 16    for  which  the state board of land commissioners has responsibility.  In this
 17    context, the term "expert advisor" shall mean a person engaged in the business
 18    for which he holds himself out to be an expert and who is experienced in  that
 19    field.
 20        13. Strategically plan and establish policies to coordinate the management
 21    of  state lands with the investment goals of the permanent endowment funds and
 22    earnings reserve funds.
 23        14. To provide reports of the status and performance  of  state  endowment
 24    lands  and  the  respective endowment funds to the state affairs committees of
 25    the senate and the house of representatives within fourteen (14) days after  a
 26    regular session of the legislature convenes.
 27        15. To make distributions to endowment income funds as provided in section
 28    57-723A, Idaho Code.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                            RS 13485
The purpose of this bill is intended to give the state board of
land commissioners the authority to solicit bids and contract for
work to be performed.

                         FISCAL  IMPACT
There is no impact to the General Fund.

Name:     Winston Wiggins
Agency:   Department of Lands
Phone:    334-0238

Statement of Purpose/Fiscal Impact                    H 511