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HJR004.....................................................by STATE AFFAIRS
PUBLIC LANDS - Proposing an amendment to the Constitution of the State of
Idaho to increase the acreage of state lands that may be sold in
subdivisions by the State Board of Land Commissioners from three hundred
twenty to six hundred forty acres of lands, which lands may be sold to any
one individual, company or corporation.
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
02/09 3rd rdg - PASSED - 57-8-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Langford, Martinez, Meyer, Miller, Mitchell,
Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Rydalch, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
NAYS -- Lake, McKague, Moyle, Raybould, Ridinger, Roberts, Robison,
Trail
Absent and excused -- Bedke, Harwood, Langhorst, McGeachin, Sali
Floor Sponsor - Clark
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 4
BY STATE AFFAIRS COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IX, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, RELATING TO LOCATION AND DISPOSITION OF PUBLIC LANDS, TO
4 INCREASE THE ACREAGE OF STATE LANDS THAT MAY BE SOLD IN SUBDIVISIONS BY
5 THE STATE BOARD OF LAND COMMISSIONERS FROM THREE HUNDRED TWENTY TO SIX
6 HUNDRED FORTY ACRES OF LANDS WHICH MAY BE SOLD TO ANY ONE INDIVIDUAL, COM-
7 PANY OR CORPORATION; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTOR-
8 ATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED
9 BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND
10 ARGUMENTS AS REQUIRED BY LAW.
11 Be It Resolved by the Legislature of the State of Idaho:
12 SECTION 1. That Section 8, Article IX, of the Constitution of the State
13 of Idaho be amended to read as follows:
14 SECTION 8. LOCATION AND DISPOSITION OF PUBLIC LANDS. It shall be the
15 duty of the state board of land commissioners to provide for the location,
16 protection, sale or rental of all the lands heretofore, or which may here-
17 after be granted to or acquired by the state by or from the general gov-
18 ernment, under such regulations as may be prescribed by law, and in such
19 manner as will secure the maximum long term financial return to the insti-
20 tution to which granted or to the state if not specifically granted; pro-
21 vided, that no state lands shall be sold for less than the appraised
22 price. No law shall ever be passed by the legislature granting any privi-
23 leges to persons who may have settled upon any such public lands, subse-
24 quent to the survey thereof by the general government, by which the amount
25 to be derived by the sale, or other disposition of such lands, shall be
26 diminished, directly or indirectly. The legislature shall, at the earliest
27 practicable period, provide by law that the general grants of land made by
28 congress to the state shall be judiciously located and carefully preserved
29 and held in trust, subject to disposal at public auction for the use and
30 benefit of the respective object for which said grants of land were made,
31 and the legislature shall provide for the sale of said lands from time to
32 time and for the sale of timber on all state lands and for the faithful
33 application of the proceeds thereof in accordance with the terms of said
34 grants; provided, that not to exceed one hundred sections of state lands
35 shall be sold in any one year, and to be sold in subdivisions of not to
36 exceed three six hundred and twenty forty acres of land to any one indi-
37 vidual, company or corporation. The legislature shall have power to autho-
38 rize the state board of land commissioners to exchange granted or acquired
39 lands of the state on an equal value basis for other lands under agreement
40 with the United States, local units of government, corporations, compa-
41 nies, individuals, or combinations thereof.
42 SECTION 2. The question to be submitted to the electors of the State of
2
1 Idaho at the next general election shall be as follows:
2 "Shall Section 8, Article IX, of the Constitution of the State of Idaho be
3 amended to increase the acreage of state lands that may be sold in subdivi-
4 sions by the State Board of Land Commissioners from three hundred twenty to
5 six hundred forty acres of lands which may be sold to any one individual, com-
6 pany or corporation?".
7 SECTION 3. The Legislative Council is directed to prepare the statements
8 required by Section 67-453, Idaho Code, and file the same.
9 SECTION 4. The Secretary of State is hereby directed to publish this pro-
10 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 13480
The change to the Idaho Constitution will enable the State Board of
Land Commissioners (Board) to sell selected parcels of endowment
land in parcels of up to six hundred forty acres to individuals,
companies, or corporations. The Constitution currently limits
these sales to no more than three hundred twenty acres. The state
currently owns numerous isolated parcels of land, most of which are
single sections of six hundred forty acres. Some of these parcels
are likely candidates for sale, the proceeds of which would
ultimately be used to increase the value of the endowment asset,
either through investment in other income producing land, or
through deposit into the endowment funds. Due to the nature, and
isolated location of these parcels, they will likely attract a sale
premium at auction if offered as a single parcel. This would help
ensure that the Board meets its fiduciary mandate to secure the
maximum long-term financial return for the beneficiaries which own
the land.
FISCAL IMPACT
Revenue to the endowment funds will increase due to the increased
revenue from the sale of selected parcels of state endowment land.
No additional general fund money will be needed.
CONTACT
Name: Winston Wiggins
Agency: Department of Lands
Phone: 334-0238
Statement of Purpose/Fiscal Impact HJR