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SJR104.....................................................by STATE AFFAIRS GRANTED LANDS - PUBLIC ACCESS - Proposing an amendment to the Constitution of the State of Idaho to provide that granted lands shall be open to members of the public for hunting, fishing, trapping and recreation to the extent that such access is consistent with the purposes for which the lands were granted and does not reduce the long-term financial returns to the endowed institutions and to provide that not more than ten sections of state lands shall be sold in any one year. 02/27 Senate intro - 1st rdg - to printing 02/28 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE JOINT RESOLUTION NO. 104 BY STATE AFFAIRS 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 GRANTED LANDS 4 SHALL BE OPEN TO MEMBERS OF THE PUBLIC FOR HUNTING, FISHING, TRAPPING AND 5 RECREATION TO THE EXTENT THAT SUCH ACCESS IS CONSISTENT WITH THE PURPOSES 6 FOR WHICH THE LANDS WERE GRANTED AND DOES NOT REDUCE THE LONG-TERM FINAN- 7 CIAL RETURNS TO THE ENDOWED INSTITUTIONS AND TO PROVIDE THAT NOT MORE THAN 8 TEN SECTIONS OF STATE LANDS SHALL BE SOLD IN ANY ONE YEAR; STATING THE 9 QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE 10 COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SEC- 11 RETARY OF 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. LOCATIONAND-- 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. 24 Granted lands shall be open to members of the public for hunting, 25 fishing, trapping and recreation to the extent that such access is 26 consistent with the purposes for which the lands were granted and 27 does not reduce the long-term financial returns to the endowed insti- 28 tutions. No law shall ever be passed by the legislature granting any 29 privileges to persons who may have settled upon any such public 30 lands, subsequent to the survey thereof by the general government, by 31 which the amount to be derived by the sale, or other disposition of 32 such lands, shall be diminished, directly or indirectly. The legisla- 33 ture shall, at the earliest practicable period, provide by law that 34 the general grants of land made by congress to the state shall be 35 judiciously located and carefully preserved and held in trust, sub- 36 ject to disposal at public auction for the use and benefit of the 37 respective object for which said grants of land were made, and the 38 legislature shall provide for the sale of said lands from time to 39 time and for the sale of timber on all state lands and for the faith- 40 ful application of the proceeds thereof in accordance with the terms 41 of said grants; provided, that not to exceedone hundredten sections 42 of state lands shall be sold in any one year, and to be sold in sub- 43 divisions of not to exceed three hundred and twenty acres of land to 2 1 any one individual, company or corporation. The legislature shall 2 have power to authorize the state board of land commissioners to 3 exchange granted or acquired lands of the state on an equal value 4 basis for other lands under agreement with the United States, local 5 units of government, corporations, companies, individuals, or combi- 6 nations 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 granted lands shall be open to members of the public 11 for hunting, fishing, trapping and recreation to the extent that such access 12 is consistent with the purposes for which the lands were granted and does not 13 reduce the long-term financial returns to the endowed institutions 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 17082 This measure would amend Section 8, Article IX, of the Constitution of the State of Idaho, to ensure public access to state lands to the extent that such access is consistent with the purposes for which lands were granted and does not reduce the long term financial return to the endowed institution. FISCAL NOTE Public access to state lands is a right currently enjoyed by Idaho citizens. Memorializing the public's access to state lands in the Constitution should not conflict with securing the long term financial return to the endowment beneficiaries. Contact Name: Senator Clint Stennett Phone: 208-332-1351 Senator Gary Schroeder STATEMENT OF PURPOSE/FISCAL NOTE SJR 104