2007 Legislation
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SENATE JOINT RESOLUTION NO. 103 – State lands, public access

SENATE JOINT RESOLUTION NO. 103

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Bill Status



SJR103.........................................by RESOURCES AND ENVIRONMENT
PUBLIC ACCESS - STATE LANDS - Proposing an amendment to the Constitution of
the State of Idaho to provide that it shall be the duty of the State Board
of Land Commissioners to provide access to state lands to members of the
public for hunting, fishing, trapping and recreation to the extent
consistent with providing the maximum long-term financial return to the
endowment and to provide that not more than ten sections of state lands
shall be sold in any one year.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE JOINT RESOLUTION NO. 103
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                  A JOINT RESOLUTION
  2    PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IX, OF THE  CONSTITUTION  OF  THE
  3        STATE  OF  IDAHO,  RELATING TO STATE LANDS TO PROVIDE THAT IT SHALL BE THE
  4        DUTY OF THE STATE BOARD OF LAND COMMISSIONERS TO PROVIDE ACCESS  TO  STATE
  5        LANDS  TO  MEMBERS OF THE PUBLIC FOR HUNTING, FISHING, TRAPPING AND RECRE-
  6        ATION TO THE EXTENT CONSISTENT WITH PROVIDING THE MAXIMUM LONG-TERM FINAN-
  7        CIAL RETURN TO THE ENDOWMENT AND TO PROVIDE THAT NOT MORE  THAN  TEN  SEC-
  8        TIONS  OF  STATE LANDS SHALL BE SOLD IN ANY ONE YEAR; STATING THE QUESTION
  9        TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE  LEGISLATIVE  COUNCIL  TO
 10        PREPARE  THE  STATEMENTS  REQUIRED  BY LAW; AND DIRECTING THE SECRETARY OF
 11        STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 12    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 8, Article IX, of the Constitution of  the  State
 14    of Idaho be amended to read as follows:
                                                                        
 15             SECTION  8.  LOCATION  AND  --  ACCESS  -- DISPOSITION OF PUBLIC
 16        LANDS. It shall be the duty of the state board of land  commissioners
 17        to  provide  for  the location, protection, sale or rental of all the
 18        lands heretofore, or which may hereafter be granted to or acquired by
 19        the state by or from the general government, under  such  regulations
 20        as  may  be  prescribed by law, and in such manner as will secure the
 21        maximum long-term  financial  return  to  the  institution  to  which
 22        granted  or  to the state if not specifically granted; provided, that
 23        no state lands shall be sold for less than the  appraised  price.  It
 24        shall further be the duty of the state board of land commissioners to
 25        provide  access  to state lands to members of the public for hunting,
 26        fishing, trapping and recreation to the extent consistent  with  pro-
 27        viding  the  maximum  long-term financial return to the endowment. No
 28        law shall ever be passed by the legislature granting  any  privileges
 29        to  persons  who  may have settled upon any such public lands, subse-
 30        quent to the survey thereof by the general government, by  which  the
 31        amount to be derived by the sale, or other disposition of such lands,
 32        shall  be  diminished, directly or indirectly. The legislature shall,
 33        at the earliest practicable period, provide by law that  the  general
 34        grants  of  land  made  by congress to the state shall be judiciously
 35        located and carefully preserved and held in trust,  subject  to  dis-
 36        posal  at  public  auction  for the use and benefit of the respective
 37        object for which said grants of land were made, and  the  legislature
 38        shall  provide  for  the sale of said lands from time to time and for
 39        the sale of timber on all state lands and for the  faithful  applica-
 40        tion  of  the  proceeds  thereof in accordance with the terms of said
 41        grants; provided, that not to exceed  one  hundred  ten  sections  of
 42        state lands shall be sold in any one year, and to be sold in subdivi-
 43        sions  of not to exceed three hundred and twenty acres of land to any
                                                                        
                                       2
                                                                        
  1        one individual, company or corporation. The  legislature  shall  have
  2        power  to authorize the state board of land commissioners to exchange
  3        granted or acquired lands of the state on an equal  value  basis  for
  4        other  lands  under  agreement with the United States, local units of
  5        government, corporations,  companies,  individuals,  or  combinations
  6        thereof.
                                                                        
  7        SECTION  2.  The  question to be submitted to the electors of the State of
  8    Idaho at the next general election shall be as follows:
  9        "Shall Section 8, Article IX, of the Constitution of the State of Idaho be
 10    amended to provide that it shall further be the duty of  the  state  board  of
 11    land  commissioners  to provide access to state lands to members of the public
 12    for hunting, fishing, trapping and recreation to the  extent  consistent  with
 13    providing  the maximum long-term financial return to the endowment and to pro-
 14    vide that not more than ten sections of state lands shall be sold in  any  one
 15    year?".
                                                                        
 16        SECTION  3.  The Legislative Council is directed to prepare the statements
 17    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 18        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 19    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16974C1

This measure would amend Section 8 Article IX of Constitution of
the State of Idaho by adding to the duties of the State Board of
Land Commissioners and to ensure public access to state lands.
It further amends the constitution to ensure that no more that 10
sections of land are sold in any one year.


                           FISCAL NOTE

Public Access to State lands is a right enjoyed by Idaho
Citizens.  Providing public access should not conflict with and
should be held in equal regard while securing the long term
financial return to the beneficiaries.       



Contact
Name: 
Sen. Clint Stennett
Sen. Gary Schroeder 
Phone: 332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                       SJR 103