2007 Legislation
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SENATE JOINT RESOLUTION NO. 104 – Lands, granted, open to public

SENATE JOINT RESOLUTION NO. 104

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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