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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
]]]] 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
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