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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 director16 shall duly advise the contestants and their accredited attorneys of the date17 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 manner19 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 the22 director shall be at the contestant's own cost, and shall be fully transcribed23 and arranged, and shall form a part of the records of the office of the state24 board of land commissioners. The director shall, as soon as convenient after25 such hearings, present a full transcript of the proceedings to the state board26 of land commissioners, who shall render a decision in accordance therewith27 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