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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
performed.
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.
Speaker
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
]]]] 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
2 RELATING TO THE STATE BOARD OF LAND COMMISSIONERS; AMENDING SECTION 58-104,
3 IDAHO CODE, TO PROVIDE THAT THE STATE BOARD OF LAND COMMISSIONERS SHALL
4 HAVE POWER TO SOLICIT BIDS AND CONTRACT FOR WORK TO BE PERFORMED.
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
2
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
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.
CONTACT
Name: Winston Wiggins
Agency: Department of Lands
Phone: 334-0238
Statement of Purpose/Fiscal Impact H 511