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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 - 2007
IN 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. 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.
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 exceed one hundred ten 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