HOUSE BILL NO. 26

2007 Legislation

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HOUSE BILL NO. 26 – State land, grazing lease

View Statement of Purpose / Fiscal Impact

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Bill Status


H0026.........................................by RESOURCES AND CONSERVATION
STATE LAND - Amends existing law relating to state land to strike certain
date restrictions relating to annual payments for grazing leases.
                                                                        
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 - Brackett
    Title apvd - to Senate
02/02    Senate intro - 1st rdg - to Res/Env
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, 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 -- Coiner
    Floor Sponsor - Langhorst
    Title apvd - to House
03/02    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
03/07    To Governor
03/12    Governor signed
         Session Law Chapter 49
         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. 26
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE LAND; AMENDING SECTION 58-304, IDAHO CODE, TO DELETE CERTAIN
  3        DATE RESTRICTIONS RELATING TO ANNUAL PAYMENTS FOR GRAZING LEASES.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION 1.  That Section 58-304, Idaho Code, be, and the  same  is  hereby
  6    amended to read as follows:
                                                                        
  7        58-304.  LEASES.  The state board of land commissioners may lease any por-
  8    tion of the state land at a rental amount fixed and determined by  the  board.
  9    The  rental amount shall be due and payable by the date and upon the terms set
 10    by the board in the lease. Provided however, all grazing leases shall  provide
 11    for  annual  payments  which  shall  be due and payable by the date set by the
 12    board in the lease, but in no case shall the rental for grazing leases be  due
 13    and  payable  earlier  than  January  1 or later than May 1 of each succeeding
 14    year.
 15        (2)  The state board of land commissioners shall notify the lessee of  any
 16    increase  in  the applicable rental rate six (6) months in advance of the date
 17    the rent is due and payable.
 18        (3)  The lessee shall pay the rental to the director of the department  of
 19    lands, who shall receipt for the same in the name of the board. Upon receiving
 20    such  rental,  the  director  shall immediately transmit the same to the state
 21    treasurer.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 16464

The purpose of this legislation is to eliminate the restriction 
requiring the rental for grazing leases be due and payable by 
certain dates.  In some cases, the issuance of conflicted 
grazing leases has been delayed due to administrative appeals or 
legal challenges.  This can jeopardize the department’s ability 
to meet the dates outlined in code and could delay leasing for 
months.  Also, the codified dates put most leases on the same 
track for billing, causing spikes in work loads for department 
staff.


                         FISCAL NOTE

There will be no budgetary fiscal impacts due to these changes.  
There may be an improvement in the income stream to the 
endowments in specific cases, but the impacts would only be 
quantifiable on a case-by-case basis.





CONTACT
Name:	George Bacon
Agency:	Lands, Dept of
Phone:	208-334-0200

STATEMENT OF PURPOSE/FISCAL NOTE                    	H 26