Bill Description: Senate Bill 1062 would apply county planning and zoning ordinances to land under the administration of the State Land Board.

Rating: -1

Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho 

Senate Bill 1062 would amend Section 58-307, Idaho Code, to require the State Land Board to "promptly give notice" to county commissioners when the board executes "any lease, permit, or other type of land use authorization for commercial purposes."

The bill would also require that "all leases, permits, and other types of land use authorizations for commercial purposes given by the state land board" include a "provision requiring the signatory, including affiliated legal representatives, organizations, or subcontractors, to comply with applicable county planning and zoning ordinances."

Finally, the bill would clarify that "revenues generated from leases, permits, or other types of land use authorizations for commercial purposes" are not exempt from public disclosure, per section 74-107, Idaho Code.

The principles of federalism apply to states and the federal government because the federal government was created by the states and it has only those powers delegated to it by the states and the people. 

The relationship between counties and the state is different. Counties are political subdivisions of the state and do not have authority to overrule the state, especially in matters regarding state land. Senate Bill 1062 would create an inappropriate imbalance of power that subordinates the management of state lands to the counties.

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