Land board, dept, legal rep
LANDS – Amends, repeals, and adds to existing law to provide for legal representation.

RS30908C1 / S1292

This legislation removes the responsibility of the Office of the Attorney General to provide legal representation to the Idaho Department of Lands and allows the Department to hire or contract its own legal counsel.

Enactment of this legislation would allow the Idaho Department of Lands to hire a general counsel to represent the Department. It is estimated that a total of three attorneys and one support staff would be required to adequately represent the Department. The total estimated cost would be an additional 4.00 FTP and $637,000 for a Lead Attorney position, for two Attorney 2 positions, and for a Legal Assistant position. Included is $514,500 for Personnel Costs, $100,000 for ongoing Operating Expenditure, and $22,500 for one-time Capital Outlay. Spending would be split between the Endowment Earnings Reserve Fund (70%), the Idaho Department of Lands Fund (15%), and the General Fund (15%).

A corresponding reduction in attorney staff at the Office of the Attorney General could also be made with a reduction of -3.00 FTP and -$379,400 in General Fund Personnel Costs.

The legislation allows the Idaho Department of Lands to continue to contract with the Office of the Attorney General. Unforeseen legal costs at the Department could require future supplemental appropriations. Also, a reduction in billings for the Idaho Department of Lands to the Statewide Cost Recovery Fund would not occur until FY 2027.

Enactment of the bill would reduce overall spending in the outyears as well as decrease General Fund spending; however, there would also be an increase in spending from dedicated funds at the Idaho Department of Lands. Overall estimated spending impact due to enactment over the next five years, assuming a reduction in funding at the Office of the Attorney General, are as follows: FY 2025, $257,600; FY 2026, $265,300; FY 2027, -$173,000; FY 2026, -$178,200; and FY 2027, -$183,500.

Bill Events
Date Description
02/08 Introduced; read first time; referred to JR for Printing
02/09 Reported Printed; referred to Resources & Environment
02/22 Reported out of Committee with Do Pass Recommendation; Filed for second reading
02/23 Read second time; filed for Third Reading
02/27 Retained on calendar
02/29 Read third time in full – PASSED - 32-3-0
AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Cook, Den Hartog, Forsmann(Carlson), Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Moser(Semmelroth), Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Taylor, Toews, VanOrden, Ward-Engelking, Winder, Wintrow
NAYS – Foreman, Trakel, Zuiderveld
Absent and excused – None
Floor Sponsor - Harris
Title apvd - to House
03/01 Received from the Senate, Filed for First Reading
03/01 Read First Time, Referred to Resources & Conservation
03/22 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
03/25 Read second time; Filed for Third Reading
03/25 Rules Suspended: Ayes 69 Nays 1 Abs/Excd 0, read in full as required – PASSED - 44-25-1
AYES – Achilles, Allgood, Berch, Blanksma, Bundy, Burns, Cannon, Cheatum, Chew(Harada), Clow, Cornilles, Dixon(1), Dixon(24), Durrant, Ehlers, Erickson, Furniss, Galaviz, Gannon, Garner, Green, Handy, Lanting, Manwaring, McCann, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Petzke, Pickett, Raybould, Raymond, Roberts, Rubel, Sauter, Vander Woude, Weber(Weber), Wheeler, Wroten, Yamamoto, Mr. Speaker
NAYS – Alfieri, Andrus, Barbieri, Boyle, Crane(12), Crane(13), Ehardt, Gallagher, Hawkins, Healey, Hill, Holtzclaw(Johnson), Horman, Kingsley, Lambert, Mendive, Palmer, Price, Redman, Scott, Shepherd, Skaug, Tanner, Wisniewski, Young
Absent – Mathias
Floor Sponsor - Blanksma
Title apvd - to Senate
03/26 Returned From House Passed; referred to enrolling
03/26 Reported enrolled; signed by President; to House for signature of Speaker
03/26 Received from Senate; Signed by Speaker; Returned to Senate
03/27 Reported signed by the Speaker & ordered delivered to Governor
03/27 Reported delivered to Governor at 11:43 a.m. on 03/27/24
03/28 Signed by Governor on 03/27/24
Session Law Chapter 210
Effective: 07/01/2024