2007 Legislation
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HOUSE BILL NO. 25 – Land Bd, fees, earning reserve acct

HOUSE BILL NO. 25

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Bill Status



H0025aaS......................................by RESOURCES AND CONSERVATION
STATE LANDS - Amends existing law relating to state lands to provide that
all moneys collected for fees by the State Board of Land Commissioners
shall be credited to the Endowment Earnings Reserve Account for endowment
land management and to the general account for all other activities unless
otherwise provided by law.
                                                                        
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to Res/Con
01/30    Rpt out - rec d/p - to 2nd rdg
01/31    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
      Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Roberts, Shepherd(8), Thayn
    Floor Sponsor - King
    Title apvd - to Senate
02/02    Senate intro - 1st rdg - to Res/Env
03/05    Rpt out - to 14th Ord
03/07    Rpt out amen - to 1st rdg as amen
03/08    1st rdg - to 2nd rdg as amen
03/09    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
03/13    House concurred in Senate amens - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 66-2-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Harwood, Wood(35)
      Absent and excused -- Lake, McGeachin
    Floor Sponsor - King
    Title apvd - to enrol
03/19    Rpt enrol - Sp signed
03/20    Pres signed - To Governor
03/26    Governor signed
         Session Law Chapter 182
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 25
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE LANDS; AMENDING SECTION 58-127, IDAHO CODE, TO PROVIDE  THAT
  3        ALL  MONEYS COLLECTED FOR FEES BY THE BOARD OF LAND COMMISSIONERS SHALL BE
  4        CREDITED TO THE ENDOWMENT EARNINGS RESERVE ACCOUNT UNLESS  OTHERWISE  PRO-
  5        VIDED BY LAW AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  58-127, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        58-127.  FEES. The board of land commissioners is hereby empowered to  set
 10    the fees for sales, leases, easements of state land and all other transactions
 11    in the department of lands.
 12        All  moneys collected for fees shall be paid to the state treasurer of the
 13    state and shall be credited to the general account endowment earnings  reserve
 14    account unless otherwise provided by law; provided, however, that in all cases
 15    where  filing or other fees or rent moneys have been paid to the said board by
 16    two (2) or more applicants for the same lands, such fees, or rent moneys,  may
 17    be returned to the unsuccessful applicant from any moneys in the possession of
 18    said  the board; provided, that such payments shall be made out of the account
 19    to which they may have been credited.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Little              
                                                                        
                                                     Seconded by Stennett            
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 25
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line  14,  following  "account"  insert:
  3    "for  endowment  land  management,  and  to  the general account for all other
  4    activities".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On page 1, in line 4, following "ACCOUNT" insert: "FOR ENDOWMENT LAND MAN-
  7    AGEMENT, AND TO THE GENERAL ACCOUNT FOR ALL OTHER ACTIVITIES".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 25, As Amended in the Senate
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE LANDS; AMENDING SECTION 58-127, IDAHO CODE, TO PROVIDE  THAT
  3        ALL  MONEYS COLLECTED FOR FEES BY THE BOARD OF LAND COMMISSIONERS SHALL BE
  4        CREDITED TO THE ENDOWMENT EARNINGS RESERVE ACCOUNT FOR ENDOWMENT LAND MAN-
  5        AGEMENT, AND TO THE GENERAL ACCOUNT FOR ALL OTHER ACTIVITIES UNLESS OTHER-
  6        WISE PROVIDED BY LAW AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 58-127, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        58-127.  FEES.  The board of land commissioners is hereby empowered to set
 11    the fees for sales, leases, easements of state land and all other transactions
 12    in the department of lands.
 13        All moneys collected for fees shall be paid to the state treasurer of  the
 14    state  and shall be credited to the general account endowment earnings reserve
 15    account for endowment land management, and to  the  general  account  for  all
 16    other  activities unless otherwise provided by law; provided, however, that in
 17    all cases where filing or other fees or rent moneys have been paid to the said
 18    board by two (2) or more applicants for the same lands,  such  fees,  or  rent
 19    moneys,  may  be returned to the unsuccessful applicant from any moneys in the
 20    possession of said the board; provided, that such payments shall be  made  out
 21    of the account to which they may have been credited.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 16461

The purpose of this bill is to ensure fees related to endowment 
land transactions are properly credited to respective earnings 
reserve accounts.  Currently, late payment fees and application 
fees on endowment leases are inappropriately credited to the 
general account.  The statute should have been modified in 
FY2000 with related endowment reform legislation.


                         FISCAL NOTE

For the past three years, approximately $50,000 to $100,000 in 
fee income was credited to the general account.  These monies 
will now be deposited to the proper endowment earnings reserve 
account.





CONTACT
Name:	Kathy Opp
Agency:	Lands, Dept of
Phone:	208-334-0200

STATEMENT OF PURPOSE/FISCAL NOTE                      	H 25