2001 Legislation
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HOUSE BILL NO. 196 – Port dist property/lease/security

HOUSE BILL NO. 196

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 less
 15    than the rental for one-sixth (1/6) of the term, but in no case less than  the
 16    rental  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 / Fiscal Impact


                      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