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H0196...................................................by LOCAL GOVERNMENT PORT DISTRICTS - Amends existing law to provide that leases of port district real property shall be secured by a bond, rental insurance or other financial guaranty as deemed sufficient by the port commission. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Loc Gov 02/23 Rpt out - rec d/p - to 2nd rdg 02/26 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Jones, Stone, Swan Floor Sponsor --Mader Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Loc Gov 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Stegner Title apvd - to House 03/21 To enrol 03/22 Rpt enrol - Sp signed - Pres signed - to Gov 03/23 Governor signed Session Law Chapter 165 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 196 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO LEASE OF PORT AUTHORITY PROPERTY; AMENDING SECTION 70-1616, IDAHO 3 CODE, TO PROVIDE THAT LEASES OF PORT DISTRICT REAL PROPERTY SHALL BE 4 SECURED BY A BOND, RENTAL INSURANCE OR OTHER FINANCIAL GUARANTY AS DEEMED 5 SUFFICIENT BY THE PORT COMMISSION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 70-1616, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 70-1616. LEASE OF PROPERTY -- PERFORMANCE BOND OR OTHER FINANCIAL GUAR- 10 ANTY. A port district may lease all real and personal property owned or con- 11 trolled by it, and/or improvements thereon, upon such terms as the port com- 12 mission deems proper; provided, that no lease shall be for a period longer 13 than fifty (50) years, and each lease of real property shall be secured by a 14 bond, with surety satisfactory to the port commission,with penalty not less15than the rental for one-sixth (1/6) of the term, but in no case less than the16rental for one (1) year when the term is one (1) year or more,or by such 17 other rental insurance or financial guaranty as may be deemed sufficient by 18 the port commission, conditioned to perform the terms of such lease, including 19 the payment in lieu of taxes provided for in this act; provided further, that 20 where the property is held by the district under lease from the United States 21 government or any agency, instrumentality or political subdivision thereof, 22 the port commission may sublease said property, with option for extensions, up 23 to the total term and extensions thereof permitted by such United States 24 lease, but in any event not to exceed ninety (90) years; provided further, 25 that in a lease, the term of which exceeds five (5) years, and when at the 26 option of the port commission it is so stipulated in the lease, the commission 27 shall accept, with surety satisfactory to it, a bond or other such rental 28 insurance or financial guaranty satisfactory to the port commission, condi- 29 tioned to perform the terms of the lease for some part of the term, in no 30 event less than five (5) years unless the remainder of the unexpired term is 31 less than five (5) years, in which case for the full remainder and in every 32 such case the commission shall require of the lessee, another or other like 33 bond or other rental insurance or financial guaranty to be delivered within 34 two (2) years, and not less than one (1) year prior to the expiration of the 35 period covered by the existing bond, covering an additional part of the term 36 in accordance with the foregoing provisions in respect to the original bond, 37 and so on until the end of the term so that there will always be in force a 38 bond or other rental insurance or financial guaranty securing the performance 39 of the lease, and the penalty in each bond or other rental insurance or finan- 40 cial guaranty shall be not less than the rental for one-half (1/2) the period 41 covered thereby, but no bond or other rental insurance or financial guaranty 42 shall be construed to secure the furnishing of any other bond or other rental 43 insurance or financial guaranty.
STATEMENT OF PURPOSE RS 10817C1 This legislation will expand the instruments that provide for financial guarantees to include bank letters of credit. Letters of credit are common guarantee instruments for other entities in the state. FISCAL IMPACT No fiscal impact to State or local governments or the port district. Contact Name: Rep. Dan Mader Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 19