View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
H0536aa.................................................by LOCAL GOVERNMENT
PORT DISTRICTS - Amends existing law to authorize port districts to
construct, condemn, purchase, acquire, add to, maintain and operate any
support facilities which add to the usefulness or desirability of any port
facility; and to authorize the port commission to accept rental insurance,
financial or monetary backing as deemed sufficient by the commission in
lieu of a surety bond.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Loc Gov
02/17 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
Ret'd to Loc Gov
H0536
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 536, As Amended
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO PORT DISTRICTS; AMENDING SECTION 70-1501, IDAHO CODE, TO AUTHORIZE
3 PORT DISTRICTS TO CONSTRUCT, CONDEMN, PURCHASE, ACQUIRE, ADD TO, MAINTAIN
4 AND OPERATE ANY SUPPORT FACILITIES WHICH ADD TO THE USEFULNESS OR DESIR-
5 ABILITY OF ANY FACILITY THAT A PORT DISTRICT IS AUTHORIZED BY STATUTE TO
6 CONSTRUCT, CONDEMN, PURCHASE, ACQUIRE, ADD TO, MAINTAIN AND OPERATE AND TO
7 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 70-1616, IDAHO CODE, TO
8 AUTHORIZE THE PORT COMMISSION TO ACCEPT RENTAL INSURANCE, FINANCIAL OR
9 MONETARY BACKING AS DEEMED SUFFICIENT BY THE COMMISSION IN LIEU OF A
10 SURETY BOND; AND PROVIDING AN EFFECTIVE DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 70-1501, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 70-1501. ACQUISITION OF PROPERTY AND FACILITIES -- OPERATION. A port dis-
15 trict may construct, condemn, purchase, acquire, add to, maintain and operate
16 any and all facilities and services reasonably incident to the operation of a
17 modern, efficient and competitive port, including by way of illustration and
18 not of limitation, sea walls, jetties, piers, wharves, docks, marinas, boat
19 landings and other harbor improvements, public park facilities, recreation
20 facilities or areas, warehouses, storehouses, elevators, grain bins, coal
21 storage plants, terminals, icing plants, bunkers, oil tanks, ferries, dredges,
22 tugs and other waterborne vehicles, canals, locks, tidal basins, bridges, sub-
23 ways, tramways, cableways, conveyors, belt line railroads, administration
24 buildings, fishing terminals, facilities for the freezing or processing of
25 goods, agricultural products, meats or perishable commodities, rail and motor
26 vehicle transfer and terminal facilities, water transfer and terminal facili-
27 ties, improvements relating to industry and manufacturing, including indus-
28 trial park facilities, and to commercial transportation, together with all
29 modern appliances and facilities for the economical handling, packaging, stor-
30 ing and transportation of freight and passengers, and/or any combination
31 thereof, and together with any support facilities which add to the usefulness
32 or desirability of any facility authorized by this title. In connection with
33 its operations, a port district may perform all customary services including,
34 but not limited to, the handling, weighing, measuring, reconditioning and
35 storage for hire, processing and/or holding for transshipment of all commodi-
36 ties.
37
38 SECTION 2. That Section 70-1616, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 70-1616. LEASE OF PROPERTY -- PERFORMANCE BOND OR OTHER FINANCIAL
41 BACKING. A port district may lease all real and personal property owned or
42 controlled by it, and/or improvements thereon, upon such terms as the port
2
1 commission deems proper; provided, that no lease shall be for a period longer
2 than fifty (50) years, and each lease of real property shall be secured by a
3 bond, with surety satisfactory to the port commission or by such other rental
4 insurance, financial or monetary backing as deemed sufficient by the commis-
5 sion, with penalty not less than the rental for one-sixth (1/6) of the term,
6 but in no case less than the rental for one (1) year when the term is one (1)
7 year or more, conditioned to perform the terms of such lease, including the
8 payment in lieu of taxes provided for in this act; provided further, that
9 where the property is held by the district under lease from the United States
10 government or any agency, instrumentality or political subdivision thereof,
11 the port commission may sublease said property, with option for extensions, up
12 to the total term and extensions thereof permitted by such United States
13 lease, but in any event not to exceed ninety (90) years; provided further,
14 that in a lease, the term of which exceeds five (5) years, and when at the
15 option of the port commission it is so stipulated in the lease, the commission
16 shall accept, with surety satisfactory to it, a bond, or such other rental
17 insurance, financial or monetary backing, conditioned to perform the terms of
18 the lease for some part of the term, in no event less than five (5) years
19 unless the remainder of the unexpired term is less than five (5) years, in
20 which case for the full remainder and in every such case the commission shall
21 require of the lessee, another or other like bond, or other rental insurance,
22 financial or monetary backing to be delivered or assigned within two (2)
23 years, and not less than one (1) year prior to the expiration of the period
24 covered by the existing bond, other rental insurance, financial or monetary
25 backing covering an additional part of the term in accordance with the forego-
26 ing provisions in respect to the original bond, and so on until the end of the
27 term so that there will always be in force a bond, or other rental insurance,
28 financial or monetary backing securing the performance of the lease, and the
29 penalty in each bond, or other rental insurance, financial or monetary back-
30 ing shall be not less than the rental for one-half (1/2) the period covered
31 thereby, but no bond, or other rental insurance, financial or monetary backing
32 shall be construed to secure the furnishing of any other bond, or other rental
33 insurance, financial or monetary backing.
34 SECTION 3. This act shall be in full force and effect on and after July
35 1, 2000.
AH0536
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Mader
Seconded by Callister
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 536
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 27, following "manufacturing"
3 insert: ", including industrial park facilities,"; and in line 32, delete
4 "section" and insert: "title".
5 AMENDMENT TO THE BILL
6 On page 2 of the printed bill, delete lines 33, 34 and 35, and insert:
7 "SECTION 3. This act shall be in full force and effect on and after July
8 1, 2000.".
9 CORRECTION TO TITLE
10 On page 1, in line 10, following "BOND;" delete the remainder of the line
11 and insert: "AND PROVIDING AN EFFECTIVE DATE.".
STATEMENT OF PURPOSE
RS 09649
This legislation will amend Section 70-1501, Idaho Code, Section 1, State law
authorizes the type and use of facilities Port Districts may construct and operate.
This legislation will amend Section 70-1501, Idaho Code, Section 1, to broaden
the authority of Port Districts to construct, acquire and operate additional "support
facilities which add to the usefulness" of previously authorized projects.
Currently, state law requires Port Districts to secure, from lessors of Port property,
a Performance Bond guaranteeing the payment of rent. Section 70-1501, Idaho
Code, Section 2, allows Port Districts to accept "other rental insurance, financial
or monetary backing as deemed sufficient by the commission" in lieu of
Performance Bonds for the required rent guarantee.
This legislation amends Section 70-1501, Idaho Code, Section 3, to provide an
effective date of January 1, 2000.
FISCAL IMPACT
There is no fiscal impact to state government, local government, or Port Districts
as a result of this legislation.
Contact Primary Sponsor: Rep. Dan Mader
Name: Rep. Dan Mader
Phone: 208-332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 536