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H0669.........................................by RESOURCES AND CONSERVATION
PUBLIC LANDS - Amends existing law to revise procedures relating to the
duty of the Director of the Department of Lands in contested cases; to
provide that certain actions by the State Board of Land Commissioners
relating to direction, control or disposition of public lands shall not be
considered to be contested cases; and to provide for exceptions.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 55-12-3
AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black,
Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Gagner,
Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd,
Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- Andersen, Boe, Douglas, Henbest, Jaquet, Langhorst, Martinez,
Pasley-Stuart, Ringo, Robison, Sayler, Smith(30)
Absent and excused -- Eberle, Eskridge, Mr. Speaker
Floor Sponsor - Bedke
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Res/Env
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 26-9-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Keough, Little, Lodge, McWilliams, Noble, Noh, Pearce, Richardson,
Sorensen, Stegner, Sweet, Williams
NAYS -- Burkett, Davis, Kennedy, Malepeai, Marley, McKenzie,
Schroeder, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 184
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. 669
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF LANDS; AMENDING SECTION 58-122, IDAHO CODE, TO
3 REVISE PROCEDURES RELATING TO THE DUTY OF THE DIRECTOR IN CONTESTED CASES,
4 TO PROVIDE THAT CERTAIN ACTIONS BY THE STATE BOARD OF LAND COMMISSIONERS
5 RELATING TO THE DIRECTION, CONTROL OR DISPOSITION OF PUBLIC LANDS SHALL
6 NOT BE CONSIDERED TO BE CONTESTED CASES AND TO PROVIDE FOR EXCEPTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 58-122, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 58-122. CONTESTED CASES -- PROCEDURE. It shall be the duty of the direc-
11 tor of the department of lands in any or all contested cases, at the direction
12 of the board, to appoint hearing officers, receive evidence, issue subpoenas
13 and to hold contested case hearings in accordance with sections 67-5240
14 through 67-5271, Idaho Code, when hearings are necessary and witnesses may be
15 required to be examined, to set a date for hearing such cases. The director
16 shall duly advise the contestants and their accredited attorneys of the date
17 set for such hearing, and on the date appointed the director is hereby empow-
18 ered to administer oaths and to hear and receive evidence, after the manner
19 and procedure established by the United States in the district land offices,
20 or in accordance with the rules that are or may be adopted by the board gov-
21 erning such cases. All evidence given and provided in such cases before the
22 director shall be at the contestant's own cost, and shall be fully transcribed
23 and arranged, and shall form a part of the records of the office of the state
24 board of land commissioners. The director shall, as soon as convenient after
25 such hearings, present a full transcript of the proceedings to the state board
26 of land commissioners, who shall render a decision in accordance therewith
27 Provided however, that when the state board of land commissioners is exercis-
28 ing its duties and authorities concerning the direction, control or disposi-
29 tion of the public lands of the state pursuant to sections 7 and 8, article
30 IX, of the constitution of the state of Idaho, such actions shall not be con-
31 sidered to be contested cases as defined in subsection (6) of section 67-5201,
32 Idaho Code, and section 67-5240, Idaho Code, unless the board, in its discre-
33 tion, determines that a contested case hearing would be of assistance to the
34 board in the exercise of its duties and authorities.
STATEMENT OF PURPOSE
RS 13921
The purpose of this bill is to exempt the State Board of
Land Commissioners from contested cases and contested case
hearing when the Board is exercising its fiduciary trust duties
in making management decisions concerning endowment lands. In a
recent District Court Case, Western Watersheds Project v. State
Land Board, Ada County Case No. CV OC0100158D, Judge Bail ruled
that the contested case procedures of the Idaho Administrative
Procedures Act must be followed to resolve any controversy over
who is to be awarded a State grazing lease when there is a
conflict auction (April 30, 2002). Rather than appeal this
decision, the Land Board proceeded to hold contested case
proceedings on the lease conflicts that were the subject of the
lawsuit. The Department of Lands has incurred considerable
expense in conducting these contested cases. The Department
feels that the Land Board should be exempt from these hearings
when it is making endowment trust management decisions.
Otherwise, any conflict auction or any other management decision
could put the State to considerable expense and negate any
benefit to be gained from the bidding or other transaction. This
exemption will not apply when the Board is functioning as a
regulatory agency, such a regulation of Lake encroachments (Idaho
Code Title 58, Chapter 13) or surface mining (Idaho Code Title
47, Chapter 15).
FISCAL IMPACT
This provision could save money from the General Fund to the
extent that the State can avoid the cost of conducting contested
hearings that are required under the Administrative Procedures
Act. It will also save money from the public school and other
endowment funds to the extent that the cost of contested cases
hearings, such as the time for employees of the Department of
Lands to attend the hearings, testify, and related tasks, are
funded through the endowments.
Contact
Name: Winston Wiggins, Director, Idaho Dept. of Lands
Phone: (208) 334-0242
STATEMENT OF PURPOSE/FISCAL NOTE H 669