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
|||| 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.
|||| 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