2003 Legislation
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SENATE BILL NO. 1090 – Port dist, land-based

SENATE BILL NO. 1090

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S1090aa.....................................by COMMERCE AND HUMAN RESOURCES
LAND-BASED PORT DISTRICTS - Amends existing law to provide for land-based
port district authorization; to provide for the formation of land-based
port districts; to provide for the formation of regional land-based port
districts; to provide for annexation of land to land-based port districts;
to provide for commissioners and commissioner districts; to provide for the
revision of commissioner districts; to provide for the application of
designated law relating to port districts; and to provide for
disincorporation of land-based port districts.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Com/HuRes
02/28    Rpt out - to 14th Ord
03/21    Rpt out amen - to engros
03/24    Rpt engros - 1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
03/27    3rd rdg  as amen - PASSED - 26-7-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Hill, Ingram, Kennedy,
      Keough, Little, Malepeai, Marley, McWilliams, Noh, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Werk
      NAYS -- Geddes, Lodge, McKenzie, Noble, Pearce, Sweet, Williams
      Absent and excused -- Calabretta, Goedde
    Floor Sponsors - Compton & Marley
    Title apvd - to House
03/28    House intro - 1st rdg - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1090
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PORT DISTRICTS; AMENDING SECTION 70-1101, IDAHO CODE,  TO  PROVIDE
  3        THAT  PORT  DISTRICTS  MAY  BE ESTABLISHED IN ANY COUNTY AND MAY INVOLVE A
  4        PORT WITH WATER-BASED OR LAND ONLY FACILITIES; AMENDING  SECTION  70-1102,
  5        IDAHO  CODE,  TO REVISE PROVISIONS RELATING TO THE FORMATION OF A DISTRICT
  6        AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 70-1107, IDAHO  CODE,
  7        TO  REVISE THE TERMS TO BE EXPRESSED IN PORT DISTRICT PROPOSITION BALLOTS;
  8        AMENDING SECTION 70-1505, IDAHO CODE, TO  REVISE  PROVISIONS  RELATING  TO
  9        RATES  AND  CHARGES;  AMENDING SECTIONS 70-1511, 70-1601, 70-1603, 70-1610
 10        AND 70-1617, IDAHO CODE, TO PROVIDE  FOR  COMPREHENSIVE  PLANS  OF  HARBOR
 11        IMPROVEMENT AND/OR PORT DEVELOPMENT; AMENDING SECTION 70-1619, IDAHO CODE,
 12        TO  PROVIDE  FOR  COMPREHENSIVE  PLANS  OF  HARBOR IMPROVEMENT AND/OR PORT
 13        DEVELOPMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING  SECTION  70-1904,
 14        IDAHO  CODE,  TO  PROVIDE  FOR  COMPREHENSIVE  PLANS OF HARBOR IMPROVEMENT
 15        AND/OR PORT DEVELOPMENT; AND AMENDING SECTION 70-1908, IDAHO CODE, TO PRO-
 16        VIDE FOR THE SALE, CONVEYANCE OR EXCHANGE OF CERTAIN PROPERTY IF  IN  FUR-
 17        THERANCE  OF  ANY ONE OR MORE OF A PORT DISTRICT'S GENERAL PLANS OF HARBOR
 18        IMPROVEMENT, PORT DEVELOPMENT AND/OR ITS PLAN  OF  INDUSTRIAL  DEVELOPMENT
 19        AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION  1.  That  Section 70-1101, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        70-1101.  PORT DISTRICTS AUTHORIZED -- OBJECTS  AND  PURPOSES.  Port  dis-
 24    tricts  are  hereby authorized for the acquirement, construction, maintenance,
 25    operation, development and regulation of harbor improvements, land  and  water
 26    transfer  and  terminal  facilities,  industrial and economic development, and
 27    other development, facilities, and services, reasonably incident to a  modern,
 28    efficient  and  competitive port, and may be established under this act in any
 29    county, bordering upon any continuous waterway system,  limited  to  the  port
 30    area,  which  will  float  commercial tug and barge vehicles to ports handling
 31    transoceanic traffic, as in this act provided and  may  involve  a  port  with
 32    water-based or land only facilities.
                                                                        
 33        SECTION  2.  That  Section 70-1102, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        70-1102.  FORMATION OF DISTRICT -- GENERAL. At any election which  may  be
 36    called  for  that  purpose, subject to the provisions of section 34-106, Idaho
 37    Code, the board of county commissioners of any  county  in  this  state  which
 38    qualified  under  section  70-1101, Idaho Code, may, or in petition of ten per
 39    cent percent (10%) of the qualified electors of  such  county,  based  on  the
 40    total  vote  cast in the county in the last general election, shall by resolu-
 41    tion, submit to the voters of such county the proposition of creating  a  port
                                                                        
                                           2
                                                                        
  1    district.  with  boundaries  co-extensive  with the boundaries of such county.
  2    Such county commissioners may also submit to such vote the proposition of cre-
  3    ating a port district with boundaries less than  county-wide  upon  their  own
  4    resolution,  or  shall  submit  the  same upon petition as provided in section
  5    70-1103, Idaho Code. No port district shall, at the  time  of  its  formation,
  6    include lands in more than one (1) county.
                                                                        
  7        SECTION  3.  That  Section 70-1107, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        70-1107.  ELECTION -- FORM OF BALLOT. In submitting the said  question  to
 10    the voters for their approval or rejection, the proposition shall be expressed
 11    on said ballot substantially in the following terms:
 12        "Port of .... Yes."
 13        "Port of .... No."
 14    (Giving  the  name  of the principal river port city within such proposed port
 15    district; or, if there be more than one city of the  same  class  within  such
 16    district,  such  name  as may be determined by the board of county commission-
 17    ers.)
                                                                        
 18        SECTION 4.  That Section 70-1505, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        70-1505.  RATES  AND  CHARGES. A district may fix, without right of appeal
 21    therefrom, the rate of wharfage, dockage, warehousing, and all necessary  port
 22    and  terminal  charges  upon all improvements owned and/or operated by it, and
 23    the charges of ferries operated by it. The port commission shall file with the
 24    public utilities commission of this state, its schedule of rates  and  charges
 25    so  fixed.  It may change any rate or charge so filed, by filing with the com-
 26    mission a notice of the proposed change not less than thirty (30) days  before
 27    the change shall go into effect.
 28        It  may fix, subject to state regulation, all such charges upon all docks,
 29    wharves, warehouses, quays and piers, and other port facilities owned  by  the
 30    state of Idaho, and operated under lease therefrom, and/or by agreement there-
 31    with.
                                                                        
 32        SECTION  5.  That  Section 70-1511, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        70-1511.  UNITED STATES SURPLUS PROPERTY --  ACQUISITION.  Port  districts
 35    may  acquire,  by  gift  or for consideration, individually or with other port
 36    districts or municipal corporations or instrumentalities of this  state,  sur-
 37    plus United States property, and/or other property of the United States or any
 38    other  public  body  made available for such acquisition, and may hold and use
 39    the same for all lawful port purposes, subject to applicable federal laws  and
 40    regulations   appertaining  thereto. Such property may be so acquired and used
 41    whenever the port commission finds the acquisition and/or use thereof to be to
 42    the present or future benefit of the port district, and  whether  or  not  the
 43    acquisition and/or use thereof is contemplated within the port district's com-
 44    prehensive plan of harbor improvement and/or port development.
                                                                        
 45        SECTION  6.  That  Section 70-1601, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        70-1601.  ADOPTION OF HARBOR IMPROVEMENT AND/OR PORT DEVELOPMENT PLAN.  It
                                                                        
                                           3
                                                                        
  1    shall be the duty of the port commission of any port district, before creating
  2    any  improvements  hereunder, to adopt a comprehensive plan of harbor improve-
  3    ment and/or port development for such port district  after  a  public  hearing
  4    thereon,  notice  of which shall be given by  publication in a daily newspaper
  5    of general circulation in such port district by one (1) publication  at  least
  6    ten  (10) days prior to the date of hearing, and no expenditure for the carry-
  7    ing on of any harbor improvement and/or port development shall be made by said
  8    commission other than necessary salaries, including  engineers,  clerical  and
  9    office expenses of such port district, and the cost of engineering, surveying,
 10    preparation  and collection of data necessary for the making and adoption of a
 11    general plan of harbor improvement and/or port development for such port  dis-
 12    trict,  unless  and until such comprehensive plan of harbor improvement and/or
 13    port development has been so officially adopted by the port commission.
 14        Recognizing that it will be necessary that port districts engage  in  long
 15    range planning, and that it will normally be necessary to alter such plan from
 16    time to time, such plan need only be in general terms.
                                                                        
 17        SECTION  7.  That  Section 70-1603, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        70-1603.  AMENDMENT, MODIFICATION OF CHANGE  OF  PLAN.  The  plan  may  be
 20    amended, modified or changed by the port commission at any time after a public
 21    hearing  thereon, notice of which shall be published in a newspaper of general
 22    circulation in such port district by one (1) publication  at  least  ten  (10)
 23    days  prior  to the date of the hearing, and such plan as amended, modified or
 24    changed shall be and remain the district's plan of harbor  improvement  and/or
 25    port  development,  until the same shall again be amended, modified or changed
 26    by the port commission in the same manner.
                                                                        
 27        SECTION 8.  That Section 70-1610, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        70-1610.  SALE  OF PROPERTY NO LONGER NEEDED. A port district may sell and
 30    convey any of its property when the port commission has declared the  property
 31    to  be no longer needed for district purposes, but no real property which is a
 32    part of a comprehensive plan of harbor improvement of and/or port development,
 33    or modification thereof, shall be disposed of without a  public  hearing  upon
 34    the  question  of  such disposition, after notice given in the same manner and
 35    for the same time as is notice for the adoption of the comprehensive plan.
                                                                        
 36        SECTION 9.  That Section 70-1617, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        70-1617.  STATE-OWNED  LANDS WITHIN PORT AREA -- DEVELOPMENT -- LEASE. The
 39    port commissioners shall have full power and authority to improve, use for all
 40    port purposes and/or let lands belonging to the state of Idaho within the area
 41    encompassed by the port district's plan  of  harbor  improvement  and/or  port
 42    development, and/or its plan for industrial development in the same manner and
 43    under  the  same  procedure as herein provided for the improvement, use and/or
 44    letting of land belonging to the port district provided that such  real  prop-
 45    erty  is  not  then  being  utilized  by the state or any legal subdivision or
 46    agency thereof, in which case the said rights shall not  accrue  to  the  port
 47    district  until  the  said real property becomes surplus  to such entity; pro-
 48    vided further, in case of such leasing, the port  commission  shall  determine
 49    which  portion  of  the resulting rental is allocable to the land belonging to
                                                                        
                                           4
                                                                        
  1    the state, and which is allocable to improvements placed,  or  to  be  placed,
  2    thereon,  and that portion allocable to the land shall be paid by the port, as
  3    received, to the state treasurer; provided further, should the state  question
  4    the allocation as made by the port commission, then the matter shall be deter-
  5    mined  by  appraisal,  the state and the port district each choosing disinter-
  6    ested appraisers, and the two (2) so chosen choosing a third; the decision  of
  7    a  majority  of  the  appraisers concerning such allocation of rental shall be
  8    determinative of the matter, unless the same be modified  or  changed  by  the
  9    district court of the judicial district in which is situate the city for which
 10    the  port is named, after hearing upon petition of either body, and after such
 11    notice as such court shall direct; provided further, that all bonds  given  to
 12    secure the payment of rentals, and the performance of any such lease, shall be
 13    payable  jointly to the port district and the state of Idaho as their interest
 14    appears, based upon such allocation. Payment by a lessee of the amount of each
 15    periodic rental payment set by the port commission upon  such  property  shall
 16    discharge  such lessee and/or the lessee's sureties pro tanto from any further
 17    liability as to each such rental payment  made,  and  the  allocation  thereof
 18    between  such port district and the state shall impose no liability or obliga-
 19    tion upon such lessee and/or surety, nor shall any dispute or litigation as to
 20    such allocation in any way cause an increase in or otherwise affect  the  pay-
 21    ment to be made by such lessee during the leasehold period.
                                                                        
 22        SECTION  10.  That Section 70-1619, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        70-1619.  LEASE OF PROPERTY -- PAYMENT IN LIEU OF TAXES. If a port commis-
 25    sion shall propose to lease any facility owned by the port which would be sub-
 26    ject to ad valorem property taxes of this state and/or its political  subdivi-
 27    sions,  if  owned  by  a  nonexempt taxpayer, to any legal entity which is not
 28    entitled to such tax exemption under the laws of this state, or  if  any  such
 29    nonexempt  taxpayer  shall,  at  its expense, construct any facility upon land
 30    owned by and leased from any such port district, in  either  event  such  port
 31    district  shall  first cause such facility to be valued by the assessor of the
 32    county in which the facility is situate. The assessor shall value such  facil-
 33    ity  in  the  same  manner  as  though it were being valued for the purpose of
 34    assessment of ad valorem property taxes by the county. The assessor shall cer-
 35    tify to the commission the amount of such valuation. The tax collector of such
 36    county shall, at the request of the commission, certify the amount of ad valo-
 37    rem property taxes which would have been paid by  a  nonexempt  taxpayer  upon
 38    such valuation in the next preceding tax year, which sum is herein referred to
 39    as the "lieu tax."
 40        The  commission  shall  add to any payments to be made by any lessee under
 41    such lease, the amount of the lieu tax, to be paid annually  to  the  port  in
 42    addition  to  all  other sums due under such lease. The amount of the lieu tax
 43    payment shall remain the same during the original term of such lease.
 44        The proceeds of the lieu tax payment shall be remitted by the  commission,
 45    forthwith  upon their receipt, to the county tax collector, who shall disburse
 46    such proceeds to all taxing bodies and/or agencies receiving general ad  valo-
 47    rem  property  tax  proceeds  in  any such year, on the same basis as other ad
 48    valorem property taxes are disbursed.
 49        Upon any extension of the lease, whether by reason of an option  contained
 50    in  such  original lease or otherwise, and upon any re-leasing of such land or
 51    facility, the facility shall be again valued and certified  by  such  assessor
 52    and the new valuation and lieu tax payment determined by the commission in the
 53    same  manner,  and  any  such  extension or re-leasing shall be subject to the
                                                                        
                                           5
                                                                        
  1    annual payment by the lessee of the new lieu tax figure.
  2        All such leases shall be so written that failure of the lessee to pay  all
  3    such  lieu  tax  moneys prior to the 20th day of December in each year of such
  4    lease shall constitute a breach thereof.
  5        The port district shall not be liable for the payment of any such sums  if
  6    not made by its lessees.
  7        The  provisions of this section shall not apply to the letting, leasing or
  8    rental by port districts of any structures upon port-owned property,  for  the
  9    purpose  of use as a dwelling unit or dwelling units, or for casual or interim
 10    use not related to the port district plan of harbor  improvement  and/or  port
 11    development and/or its plan for industrial development, nor to any lease for a
 12    term of one (1) year or less.
                                                                        
 13        SECTION  11.  That Section 70-1904, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        70-1904.  ADOPTION OF PLAN. No expenditure for acquisition or  improvement
 16    of property in an industrial development district shall be made by a port dis-
 17    trict  until  a  comprehensive plan for such industrial development shall have
 18    been adopted by the port commission in the same  manner,  and  upon  the  same
 19    notice  as  provided  in  this act for the adoption of a comprehensive plan of
 20    harbor improvement and/or port  development;  provided  that,  moneys  may  be
 21    expended prior to the adoption of such plan for studies, preliminary engineer-
 22    ing,  and  the  planning of such industrial development district, either sepa-
 23    rately, or in connection with other studies and engineering of  the  district,
 24    and  either by the district alone or in connection with other federal or state
 25    agencies or instrumentalities.
 26        Recognizing that it will be necessary that port districts engage in  long-
 27    range planning, and that it will normally be necessary to alter such plan from
 28    time to time, such plan need only be in general terms.
                                                                        
 29        SECTION  12.  That Section 70-1908, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        70-1908.  INDUSTRIAL DEVELOPMENT DISTRICTS -- SALE OR  EXCHANGE  OF  PROP-
 32    ERTY.  When  a port commission deems it for the best interests of the district
 33    and the people thereof and in furtherance of any one (1) or more of  its  gen-
 34    eral  plans  of  harbor  improvement,  and port development and/or its plan of
 35    industrial development, or both, it may, sell,  convey  or  exchange  with  or
 36    without  additional  consideration, any property, or part thereof, owned by it
 37    within an industrial development district. This section shall not  be  limited
 38    by any other or inconsistent provisions of this act.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Compton             
                                                                        
                                                     Seconded by Marley              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1090
                                                                        
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, delete lines  21  through  41;  and  delete
  3    pages 2 through 5, and insert:
  4        "SECTION 1.  That Title 70, Idaho Code, be, and the same is hereby amended
  5    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
  6    ter 22, Title 70, Idaho Code, and to read as follows:
                                                                        
  7                                      CHAPTER 22
  8                              LAND-BASED PORT DISTRICTS
                                                                        
  9        70-2201.  LAND-BASED PORT DISTRICTS AUTHORIZED --  OBJECTS  AND  PURPOSES.
 10    Land-based port districts are hereby authorized for the acquirement, construc-
 11    tion,  maintenance, operation, development and regulation of transfer and ter-
 12    minal facilities, industrial and economic development, and other  development,
 13    facilities,  and services, reasonably incident to a modern, efficient and com-
 14    petitive port, which need not be adjacent to  navigable  waters,  and  may  be
 15    established under this chapter in any county or counties as so provided.
                                                                        
 16        70-2202.  FORMATION  OF  DISTRICT  --  GENERAL.  Land-based port districts
 17    shall be formed as follows:
 18        (1)  Pursuant to an election called for  that  purpose  by  the  board  of
 19    county  commissioners  of  any  county, which qualifies under section 70-2201,
 20    Idaho Code, subject to the provisions of section 34-106, Idaho Code; or
 21        (2)  Pursuant to a petition of ten percent (10%) of the qualified electors
 22    of such county, based on the total vote cast in the county in the last general
 23    election, that the proposition of creating a  land-based  port  district  with
 24    boundaries  coextensive  with the boundaries of such county shall be submitted
 25    to the voters of such county.
                                                                        
 26        70-2202A.  REGIONAL LAND-BASED PORT DISTRICT. Two (2) or more counties may
 27    form a regional land-based port district in the same manner provided for  for-
 28    mation  of  a  district  in  a  single county, with all counties seeking to be
 29    included in the regional district subject to  the  same  requirements  as  set
 30    forth  pursuant  to  the  provisions  of this chapter, as if the district were
 31    being formed in a single county. A regional land-based port district shall not
 32    be created unless at such election, in each county to be included  within  the
 33    regional  district, a majority of the qualified voters voting upon such propo-
 34    sition shall vote in favor of the formation. In the event the proposition  for
 35    formation  of  a regional district fails in any county that was to be included
 36    in the regional district, the regional district shall not be  formed,  whether
 37    or  not  a  majority  of  qualified voters in another county or counties to be
 38    included in the regional district voted in favor of the  formation.  Elections
 39    in  the  relevant  counties  shall be held simultaneously. Regional land-based
                                                                        
                                          2
                                                                        
  1    port districts shall be subject to all provisions of this chapter in the  same
  2    manner as land-based port districts formed in single counties.
                                                                        
  3        70-2203.  PETITION  -- FILING AND CERTIFICATION. A petition for the forma-
  4    tion of a land-based port district shall be filed with the clerk of the county
  5    within which the district is to be formed, who shall within fifteen (15)  days
  6    examine  the  signatures  thereon  and certify  to the sufficiency or insuffi-
  7    ciency thereof, and for such purpose the county clerk shall have access to all
  8    registration books in the possession of the officials of any municipal  corpo-
  9    ration in such proposed land-based port district. If such petition be found to
 10    be  insufficient, it shall be returned to the persons filing the same, who may
 11    amend or add names thereto for ten (10) days, when the same shall be  returned
 12    to  the  said clerk, who shall have an additional fifteen (15) days to examine
 13    the same and attach his certificate thereto.  No  person  having  signed  such
 14    petition  shall be allowed to withdraw his name therefrom after the first fil-
 15    ing of the same with the said clerk.
                                                                        
 16        70-2204.  PETITION -- TRANSMISSION TO COUNTY COMMISSIONERS. Whenever  such
 17    petition shall be certified to as sufficient, the clerk shall forthwith trans-
 18    mit  the  same, together with his certificate of sufficiency attached thereto,
 19    to the board of county commissioners of the relevant county who  shall  submit
 20    such  proposition  at the next election to be held  pursuant to the provisions
 21    of section 34-106, Idaho Code, following the date of such certificate.
                                                                        
 22        70-2205.  ELECTION -- NOTICE. The  board  of  county  commissioners  shall
 23    direct  the  county clerk to give notice of such election by publishing notice
 24    thereof at least twice, the first of which shall be not less than twelve  (12)
 25    days prior to the election and the last of which publication shall be not less
 26    than  five  (5)  days  preceding such election as provided in section 34-1406,
 27    Idaho Code. The notice of election shall state the boundaries of the  proposed
 28    land-based port district and the object of such election.
                                                                        
 29        70-2206.  ELECTION  --  FORM OF BALLOT. In submitting the said question to
 30    the voters for their approval or rejection, the proposition shall be expressed
 31    on said ballot substantially in the following terms:
 32        "Port of .... Yes."
 33        "Port of .... No."
 34    (Giving the name of the proposed land-based port district as determined by the
 35    board of county commissioners.)
                                                                        
 36        70-2207.  LAND-BASED PORT DISTRICT FORMATION. Within five (5)  days  after
 37    such  election,  the  board of county commissioners shall canvass the returns;
 38    and, if at such election a majority of the voters voting upon such proposition
 39    shall vote in favor of the formation of such  district,  the  board  shall  so
 40    declare  in  its  canvass of the returns of such election, and such land-based
 41    port district shall thereupon be and become a  municipal  corporation  of  the
 42    state of Idaho and the name of each land-based port district shall be "Port of
 43    ...." (inserting the name appearing on the ballot).
                                                                        
 44        70-2208.  ANNEXATION  OF  LAND TO DISTRICT -- PETITIONS. The boundaries of
 45    any land-based port district may be altered and new territory may  be  annexed
 46    thereto as follows:
 47        (1)  An  enlarged  land-based  port  district  may include one (1) or more
 48    adjacent counties, provided the boundaries are coextensive  with  the  annexed
 49    county or counties.
                                                                        
                                          3
                                                                        
  1        (2)  Such territory to be annexed must be contiguous to the existing land-
  2    based port district and in one (1) continuous tract.
  3        (3)  Such  annexation  may  be made only upon the petition of at least ten
  4    percent (10%) of the qualified voters of each county proposed  to  be  annexed
  5    based  upon  the  whole  number of votes cast in each respective county at the
  6    last preceding general election.
  7        (4)  Any such petition shall contain the name of the land-based port  dis-
  8    trict proposed to be enlarged, a description of the exterior boundaries of the
  9    territory  to  be  annexed, and shall refer to this section of the Idaho Code.
 10    Any person signing such petition  shall,  in  addition  to  signing  his  name
 11    thereon,  write thereon his residence address. The petition shall be presented
 12    to the clerk of the county or counties wherein the  territory  to  be  annexed
 13    lies.
                                                                        
 14        70-2209.  ANNEXATION  -- CERTIFICATION OF PETITION. If the county clerk or
 15    clerks shall find the said petition to be in proper form, and to be signed  by
 16    the  proper number of qualified voters of such areas within their county, they
 17    shall so certify to the commissioners of their respective counties, and to the
 18    board of county commissioners of the county in which the  existing  land-based
 19    port  district is located. The petition shall be certified at least sixty (60)
 20    days before the date of the election herein referred to and the procedure,  if
 21    such  petition shall be found insufficient and for the amending thereof, shall
 22    be the same as herein provided for petitions for the formation  of  land-based
 23    port districts.
                                                                        
 24        70-2210.  ANNEXATION -- ELECTION. The commissioners of the county or coun-
 25    ties  to  be  annexed,  as well as the commissioners of the county wherein the
 26    existing land-based port district is located, shall submit the proposition  to
 27    the  voters  of  such area within the respective counties at the next election
 28    held pursuant to section 34-106, Idaho Code. Except as in this section  other-
 29    wise  provided, the procedure for submitting the proposition shall be the same
 30    as herein provided for the original formation of a land-based  port  district.
 31    In  submitting the question to the voters for their approval or rejection, the
 32    proposition shall be expressed on the ballots substantially in  the  following
 33    terms:
 34        "Enlargement  of  Port  of  ...., Yes." (Giving the name of the land-based
 35    port district);
 36        "Enlargement of Port of ...., No." (Giving the  name  of  said  land-based
 37    port district).
 38        The said elections in the relevant counties shall be held simultaneously.
                                                                        
 39        70-2211.  ANNEXATION  --  CANVASS  AND DECLARATION OF ELECTION RESULTS. At
 40    the time provided by law for the canvass of the vote of the election, the com-
 41    missions of the relevant counties shall canvass the returns  of  the  area  of
 42    their  respective  counties  and  declare the results of such election in each
 43    county. The annexation shall be deemed approved only  if  a  majority  of  the
 44    votes  cast in the existing land-based port district were in favor of the pro-
 45    posal and, in addition thereto, a majority of the votes cast in the area  pro-
 46    posed to be annexed were in favor of the proposal.
                                                                        
 47        70-2212.  ANNEXATION  --  ENTRY  OF  ORDER  -- LIABILITIES FOR OUTSTANDING
 48    INDEBTEDNESS. If a majority of votes cast in the land-based port district and,
 49    in addition thereto, a majority of the votes cast in the area to  be  annexed,
 50    favor  such  annexation,  the  governing body in each county in which any such
 51    land shall lie shall enter an order declaring such  land-based  port  district
                                                                        
                                          4
                                                                        
  1    enlarged so as to embrace within the limits thereof the territory described in
  2    the  petition  for  such  election, and thereupon the boundaries of said land-
  3    based port district shall be so enlarged and the  port  commissioners  thereof
  4    shall  have  jurisdiction  over  the whole of said district as enlarged to the
  5    same extent, and with like power and authority, as though the additional  ter-
  6    ritory  had  been  originally  embraced  within the boundaries of the existing
  7    land-based port district; provided however, that none of the lands or property
  8    embraced within the territory added to and incorporated within such land-based
  9    port district shall be liable to assessment for the payment of any outstanding
 10    bonds, warrants or other indebtedness of the preexisting land-based port  dis-
 11    trict  so enlarged, but such outstanding bonds, warrants or other indebtedness
 12    together with interest thereon, shall be  paid  exclusively  from  assessments
 13    levied  and collected on the lands and property embraced within the boundaries
 14    of the preexisting land-based port district.
                                                                        
 15        70-2213.  COMMISSIONERS -- COMMISSIONER DISTRICTS.  The  powers  of  land-
 16    based  port  districts shall be exercised through a port commission consisting
 17    of three (3) members, one (1) from each of the three (3)  county  commissioner
 18    districts  of the county in which the land-based port district is located. One
 19    (1) commissioner shall be elected from each of  said  commissioner  districts.
 20    Provided  however,  the  powers of regional land-based port districts shall be
 21    exercised through a port commission consisting of three (3) members from  each
 22    county  comprising  the  regional district, one (1) from each of the three (3)
 23    county commissioner districts of each county in which the regional district is
 24    located.
                                                                        
 25        70-2214.  COMMISSIONERS -- QUALIFICATIONS. No person shall be eligible  to
 26    hold  the  office of port commissioner unless he is a qualified elector of the
 27    state of Idaho and a resident of the district from which he is seeking office.
                                                                        
 28        70-2215.  COMMISSIONERS -- FIRST ELECTION. At the same election  at  which
 29    the  proposition  is  submitted  to the voters as to whether a land-based port
 30    district shall be formed, three (3) commissioners shall  be  elected  to  hold
 31    office  from  each county to be included within the district, respectively for
 32    the terms of two (2), four (4) and six (6) years. In each county,  all  candi-
 33    dates  at the formation election shall be voted upon by the entire county, and
 34    the candidate residing in commissioner district number one receiving the high-
 35    est number of votes shall hold office for the term of six (6) years;  and  the
 36    candidate  residing  in commissioner district number two receiving the highest
 37    number of votes shall hold office for the term of four (4) years; and the can-
 38    didate residing in commissioner district number three  receiving  the  highest
 39    number of votes shall hold office for the term of two (2) years. In all subse-
 40    quent  elections  in  the county of original formation, the port commissioners
 41    shall likewise be elected at large within that county.
                                                                        
 42        70-2216.  COMMISSIONERS FOR ANNEXED AREA. At the same election at which  a
 43    proposition  for  annexation  of  land to an existing district is submitted to
 44    vote, three (3) commissioners shall be elected by the voters  in  each  county
 45    proposed to be annexed to represent such area in case such annexation shall be
 46    accomplished  as  a  result  of  such  election.  Such  commissioners shall be
 47    elected, hold office, and be succeeded pursuant to  the  same  provisions  for
 48    commissioners  as set forth in section 70-2215, Idaho Code. Such commissioners
 49    shall have the same qualifications as herein provided for other  commissioners
 50    of the district, and shall be residents of the annexed area. If the annexation
 51    shall  be  accomplished,  the  port commission shall thereafter consist of the
                                                                        
                                          5
                                                                        
  1    commissioners of the original land-based port district and  the  commissioners
  2    for such annexed county or counties.
                                                                        
  3        70-2217.  REVISION OF COMMISSIONER DISTRICTS AUTHORIZED. The commission by
  4    resolution  may,  and  upon petition signed by not less than two hundred fifty
  5    (250) electors residing in the area to be redistricted, shall, reestablish the
  6    boundaries of the commissioner districts so that each such  commissioner  dis-
  7    trict  shall comprise as nearly as possible an equal portion of the population
  8    of the land-based port district, provided that no county voting precinct shall
  9    be divided by the boundary lines of a commissioner district.
                                                                        
 10        70-2218.  PUBLIC MEETING FOR REVISION -- NOTICE. The revision of  boundary
 11    lines provided for in this chapter shall be made only at a meeting of the port
 12    commission  with  attendance  of  all  of the members of the commission, which
 13    meeting shall be public. The port commission shall give notice of such meeting
 14    by publishing the same in a daily newspaper of general circulation within  the
 15    land-based  port  district,  or if there be no such daily newspaper, then in a
 16    weekly newspaper of general circulation within such land-based port  district.
 17    Such notice shall be published not less than once per week for two (2) consec-
 18    utive weeks, the date of the first publication to be not more than twenty (20)
 19    days  prior  to  the  date fixed for such meeting. Such notice shall state the
 20    time, place and purpose of the meeting.
                                                                        
 21        70-2219.  CHANGE NOT TO AFFECT EXISTING TERMS OF  OFFICE.  Any  change  of
 22    boundary lines provided for in this chapter shall not affect the terms of com-
 23    missioners already in office at the time the change is made.
                                                                        
 24        70-2220.  APPLICATION  OF  PORT DISTRICT PROVISIONS. Unless otherwise pro-
 25    vided in this chapter, all provisions of chapters 12, 14, 15, 16, 17, 18,  19,
 26    20  and  21,  title  70,  Idaho Code, shall also apply to land-based port dis-
 27    tricts. Provided however, that:
 28        (1)  Any reference to "harbor improvement" or "harbor improvement and port
 29    improvement" shall be considered, for the purposes of this chapter,  a  refer-
 30    ence to "port improvement" and "harbor and/or port improvement" respectively;
 31        (2)  With  respect  to the fixing of rates and charges as provided in sec-
 32    tion 70-1505, Idaho Code, land-based port districts are further authorized  to
 33    fix,  subject  to  regulation, all such charges upon, in addition to those set
 34    forth in section 70-1505, Idaho Code, other port facilities owned by the state
 35    of Idaho, and operated by a district pursuant to lease or agreement  with  the
 36    state.
                                                                        
 37        70-2221.  DISINCORPORATION.   (1)   A   land-based   port   district   may
 38    disincorporate  after  proceedings  had as required by this section. The land-
 39    based  port  district  commission  shall,  upon  receiving  a   petition   for
 40    disincorporation signed by not less than twenty-five percent (25%) of the num-
 41    ber  of  qualified  electors  casting votes at the last election of land-based
 42    port district commissioners held there, submit the question  of  whether  such
 43    district  shall  disincorporate to the electors of the district. Such election
 44    shall be held in accordance with title 34, Idaho Code.
 45        (2)  In submitting the said question to the voters for their  approval  or
 46    rejection,  the proposition shall be expressed on said ballot substantially in
 47    the following terms:
 48        "Disincorporation of Port of .... Yes."
 49        "Disincorporation of Port of .... No."
 50    (Giving the name of the land-based port district.)
                                                                        
                                          6
                                                                        
  1        (3)  The votes shall be canvassed in the same manner  as  in  other  elec-
  2    tions.  If  the  canvass of votes shows that less than two-thirds (2/3) of the
  3    votes cast were in favor of disincorporation, the commission shall declare the
  4    petition for disincorporation denied, in which event no other  election  shall
  5    be  held on the question of disincorporating the district until the expiration
  6    of two (2) years from the date of the election so held. If it is found by  the
  7    canvass  of votes that two-thirds (2/3) of all the votes cast were in favor of
  8    disincorporation, the commission shall certify such election  results  to  the
  9    boards  of  commissioners  of  the county or counties in which the district is
 10    located.
 11        (4)  The board or boards of commissioners of the county or counties  shall
 12    thereupon  enter  an order that the district be disincorporated, said order to
 13    take effect at the end of the calendar year in which the  election  was  held,
 14    but in no event less than thirty (30) days from the date of the holding of the
 15    election.
 16        (5)  All  proceedings  following  entry  of  the order of disincorporation
 17    shall be conducted to the extent practicable in the same manner as is provided
 18    for the disincorporation of  municipal  corporations  under  sections  50-2206
 19    through  50-2214, Idaho Code; provided that in no event shall disincorporation
 20    be effective until all indebtedness of the district has been paid or duly pro-
 21    vided for; and provided, further, that no district may incur new or additional
 22    indebtedness after an order for disincorporation has been entered.
 23        (6)  In the case of a regional land-based port district, the  requirements
 24    of  this  section must be met independently in each county included within the
 25    regional district. In the event voters in any county within the district  fail
 26    to  pass  the  proposition  for  disincorporation,  disincorporation shall not
 27    occur, whether or not the proposition was passed in another county or counties
 28    within the regional district. Elections for disincorporation in  the  relevant
 29    counties shall be held simultaneously.".
                                                                        
 30                                 CORRECTIONS TO TITLE
 31        On  page  1,  in line 2, delete "SECTION 70-1101, IDAHO CODE, TO PROVIDE";
 32    and delete lines 3 through 19 and insert: "TITLE 70, IDAHO CODE, BY THE  ADDI-
 33    TION OF A NEW CHAPTER 22, TITLE 70, IDAHO CODE, TO PROVIDE FOR LAND-BASED PORT
 34    DISTRICT  AUTHORIZATION,  OBJECTS  AND  PURPOSES,  TO PROVIDE FOR FORMATION OF
 35    LAND-BASED PORT DISTRICTS, TO PROVIDE FOR  FORMATION  OF  REGIONAL  LAND-BASED
 36    PORT  DISTRICTS,  TO PROVIDE FOR THE FILING AND CERTIFICATION OF PETITIONS FOR
 37    THE FORMATION OF LAND-BASED PORT DISTRICTS, TO PROVIDE FOR THE TRANSMISSION OF
 38    PETITIONS FOR THE FORMATION OF LAND-BASED PORT DISTRICTS TO CERTAIN  GOVERNING
 39    BODIES,  TO  PROVIDE FOR ELECTIONS ON THE ISSUE OF THE FORMATION OF LAND-BASED
 40    PORT DISTRICTS AND TO PROVIDE FOR NOTICE, TO DESIGNATE THE FORM OF BALLOT  FOR
 41    THE  FORMATION  OF  A LAND-BASED PORT DISTRICT, TO PROVIDE FOR LAND-BASED PORT
 42    DISTRICT FORMATION, TO PROVIDE FOR ANNEXATION OF LAND TO LAND-BASED PORT  DIS-
 43    TRICTS,  TO PROVIDE FOR THE CERTIFICATION OF PETITIONS FOR ANNEXATION, TO PRO-
 44    VIDE FOR ELECTIONS ON THE ISSUE OF ANNEXATION, TO PROVIDE FOR THE CANVASS  AND
 45    DECLARATION  OF  ELECTION  RESULTS  RELATING TO ANNEXATION, TO PROVIDE FOR THE
 46    ENTRY OF AN ORDER OF ANNEXATION AND TO PROVIDE FOR LIABILITIES FOR OUTSTANDING
 47    INDEBTEDNESS, TO PROVIDE FOR COMMISSIONERS AND COMMISSIONER DISTRICTS, TO PRO-
 48    VIDE FOR COMMISSIONER QUALIFICATIONS, TO PROVIDE FOR  THE  FIRST  ELECTION  OF
 49    COMMISSIONERS,  TO PROVIDE FOR COMMISSIONERS FOR ANNEXED AREAS, TO PROVIDE FOR
 50    THE REVISION OF COMMISSIONER DISTRICTS, TO PROVIDE FOR PUBLIC MEETINGS ON  THE
 51    ISSUE  OF THE REVISION OF COMMISSIONER DISTRICTS AND TO PROVIDE FOR NOTICE, TO
 52    PROVIDE THAT THE REVISION OF COMMISSIONER DISTRICTS SHALL NOT AFFECT  EXISTING
 53    TERMS  OF OFFICE, TO PROVIDE FOR THE APPLICATION OF DESIGNATED LAW RELATING TO
 54    PORT DISTRICTS AND TO PROVIDE CERTAIN EXCEPTIONS TO THE APPLICATION OF CERTAIN
                                                                        
                                          7
                                                                        
  1    PORT DISTRICT LAWS AND TO PROVIDE FOR DISINCORPORATION.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1090, As Amended
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PORT DISTRICTS; AMENDING TITLE 70, IDAHO CODE, BY THE ADDITION  OF
  3        A  NEW  CHAPTER  22,  TITLE 70, IDAHO CODE, TO PROVIDE FOR LAND-BASED PORT
  4        DISTRICT AUTHORIZATION, OBJECTS AND PURPOSES, TO PROVIDE FOR FORMATION  OF
  5        LAND-BASED PORT DISTRICTS, TO PROVIDE FOR FORMATION OF REGIONAL LAND-BASED
  6        PORT  DISTRICTS,  TO PROVIDE FOR THE FILING AND CERTIFICATION OF PETITIONS
  7        FOR THE FORMATION OF LAND-BASED PORT DISTRICTS, TO PROVIDE FOR THE  TRANS-
  8        MISSION  OF  PETITIONS  FOR  THE FORMATION OF LAND-BASED PORT DISTRICTS TO
  9        CERTAIN GOVERNING BODIES, TO PROVIDE FOR ELECTIONS ON  THE  ISSUE  OF  THE
 10        FORMATION  OF LAND-BASED PORT DISTRICTS AND TO PROVIDE FOR NOTICE, TO DES-
 11        IGNATE THE FORM OF BALLOT FOR THE FORMATION OF A LAND-BASED PORT DISTRICT,
 12        TO PROVIDE FOR LAND-BASED PORT DISTRICT FORMATION, TO PROVIDE  FOR  ANNEX-
 13        ATION  OF LAND TO LAND-BASED PORT DISTRICTS, TO PROVIDE FOR THE CERTIFICA-
 14        TION OF PETITIONS FOR ANNEXATION, TO PROVIDE FOR ELECTIONS ON THE ISSUE OF
 15        ANNEXATION, TO PROVIDE FOR THE CANVASS AND DECLARATION OF ELECTION RESULTS
 16        RELATING TO ANNEXATION, TO PROVIDE FOR THE ENTRY OF AN ORDER OF ANNEXATION
 17        AND TO PROVIDE FOR LIABILITIES FOR OUTSTANDING  INDEBTEDNESS,  TO  PROVIDE
 18        FOR  COMMISSIONERS AND COMMISSIONER DISTRICTS, TO PROVIDE FOR COMMISSIONER
 19        QUALIFICATIONS, TO PROVIDE FOR THE FIRST  ELECTION  OF  COMMISSIONERS,  TO
 20        PROVIDE  FOR  COMMISSIONERS FOR ANNEXED AREAS, TO PROVIDE FOR THE REVISION
 21        OF COMMISSIONER DISTRICTS, TO PROVIDE FOR PUBLIC MEETINGS ON THE ISSUE  OF
 22        THE  REVISION OF COMMISSIONER DISTRICTS AND TO PROVIDE FOR NOTICE, TO PRO-
 23        VIDE THAT THE REVISION OF COMMISSIONER DISTRICTS SHALL NOT AFFECT EXISTING
 24        TERMS OF OFFICE, TO PROVIDE FOR THE APPLICATION OF DESIGNATED LAW RELATING
 25        TO PORT DISTRICTS AND TO PROVIDE CERTAIN EXCEPTIONS TO THE APPLICATION  OF
 26        CERTAIN PORT DISTRICT LAWS AND TO PROVIDE FOR DISINCORPORATION.
                                                                        
 27    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 28        SECTION  1.  That Title 70, Idaho Code, be, and the same is hereby amended
 29    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 30    ter 22, Title 70, Idaho Code, and to read as follows:
                                                                        
 31                                      CHAPTER 22
 32                              LAND-BASED PORT DISTRICTS
                                                                        
 33        70-2201.  LAND-BASED  PORT  DISTRICTS  AUTHORIZED -- OBJECTS AND PURPOSES.
 34    Land-based port districts are hereby authorized for the acquirement, construc-
 35    tion, maintenance, operation, development and regulation of transfer and  ter-
 36    minal  facilities, industrial and economic development, and other development,
 37    facilities, and services, reasonably incident to a modern, efficient and  com-
 38    petitive  port,  which  need  not  be adjacent to navigable waters, and may be
 39    established under this chapter in any county or counties as so provided.
                                                                        
 40        70-2202.  FORMATION OF DISTRICT  --  GENERAL.  Land-based  port  districts
 41    shall be formed as follows:
                                                                        
                                           2
                                                                        
  1        (1)  Pursuant  to  an  election  called  for  that purpose by the board of
  2    county commissioners of any county, which  qualifies  under  section  70-2201,
  3    Idaho Code, subject to the provisions of section 34-106, Idaho Code; or
  4        (2)  Pursuant to a petition of ten percent (10%) of the qualified electors
  5    of such county, based on the total vote cast in the county in the last general
  6    election,  that  the  proposition  of creating a land-based port district with
  7    boundaries coextensive with the boundaries of such county shall  be  submitted
  8    to the voters of such county.
                                                                        
  9        70-2202A.  REGIONAL LAND-BASED PORT DISTRICT. Two (2) or more counties may
 10    form  a regional land-based port district in the same manner provided for for-
 11    mation of a district in a single county,  with  all  counties  seeking  to  be
 12    included  in  the  regional  district  subject to the same requirements as set
 13    forth pursuant to the provisions of this chapter,  as  if  the  district  were
 14    being formed in a single county. A regional land-based port district shall not
 15    be  created  unless at such election, in each county to be included within the
 16    regional district, a majority of the qualified voters voting upon such  propo-
 17    sition  shall vote in favor of the formation. In the event the proposition for
 18    formation of a regional district fails in any county that was to  be  included
 19    in  the  regional district, the regional district shall not be formed, whether
 20    or not a majority of qualified voters in another  county  or  counties  to  be
 21    included  in  the regional district voted in favor of the formation. Elections
 22    in the relevant counties shall be  held  simultaneously.  Regional  land-based
 23    port  districts shall be subject to all provisions of this chapter in the same
 24    manner as land-based port districts formed in single counties.
                                                                        
 25        70-2203.  PETITION -- FILING AND CERTIFICATION. A petition for the  forma-
 26    tion of a land-based port district shall be filed with the clerk of the county
 27    within  which the district is to be formed, who shall within fifteen (15) days
 28    examine the signatures thereon and certify  to  the  sufficiency  or  insuffi-
 29    ciency thereof, and for such purpose the county clerk shall have access to all
 30    registration  books in the possession of the officials of any municipal corpo-
 31    ration in such proposed land-based port district. If such petition be found to
 32    be insufficient, it shall be returned to the persons filing the same, who  may
 33    amend  or add names thereto for ten (10) days, when the same shall be returned
 34    to the said clerk, who shall have an additional fifteen (15) days  to  examine
 35    the  same  and  attach  his  certificate thereto. No person having signed such
 36    petition shall be allowed to withdraw his name therefrom after the first  fil-
 37    ing of the same with the said clerk.
                                                                        
 38        70-2204.  PETITION  -- TRANSMISSION TO COUNTY COMMISSIONERS. Whenever such
 39    petition shall be certified to as sufficient, the clerk shall forthwith trans-
 40    mit the same, together with his certificate of sufficiency  attached  thereto,
 41    to  the  board of county commissioners of the relevant county who shall submit
 42    such proposition at the next election to be held  pursuant to  the  provisions
 43    of section 34-106, Idaho Code, following the date of such certificate.
                                                                        
 44        70-2205.  ELECTION  --  NOTICE.  The  board  of county commissioners shall
 45    direct the county clerk to give notice of such election by  publishing  notice
 46    thereof  at least twice, the first of which shall be not less than twelve (12)
 47    days prior to the election and the last of which publication shall be not less
 48    than five (5) days preceding such election as  provided  in  section  34-1406,
 49    Idaho  Code. The notice of election shall state the boundaries of the proposed
 50    land-based port district and the object of such election.
                                                                        
                                           3
                                                                        
  1        70-2206.  ELECTION -- FORM OF BALLOT. In submitting the said  question  to
  2    the voters for their approval or rejection, the proposition shall be expressed
  3    on said ballot substantially in the following terms:
  4        "Port of .... Yes."
  5        "Port of .... No."
  6    (Giving the name of the proposed land-based port district as determined by the
  7    board of county commissioners.)
                                                                        
  8        70-2207.  LAND-BASED  PORT  DISTRICT FORMATION. Within five (5) days after
  9    such election, the board of county commissioners shall  canvass  the  returns;
 10    and, if at such election a majority of the voters voting upon such proposition
 11    shall  vote  in  favor  of  the formation of such district, the board shall so
 12    declare in its canvass of the returns of such election,  and  such  land-based
 13    port  district  shall  thereupon  be and become a municipal corporation of the
 14    state of Idaho and the name of each land-based port district shall be "Port of
 15    ...." (inserting the name appearing on the ballot).
                                                                        
 16        70-2208.  ANNEXATION OF LAND TO DISTRICT -- PETITIONS. The  boundaries  of
 17    any  land-based  port district may be altered and new territory may be annexed
 18    thereto as follows:
 19        (1)  An enlarged land-based port district may  include  one  (1)  or  more
 20    adjacent  counties,  provided  the boundaries are coextensive with the annexed
 21    county or counties.
 22        (2)  Such territory to be annexed must be contiguous to the existing land-
 23    based port district and in one (1) continuous tract.
 24        (3)  Such annexation may be made only upon the petition of  at  least  ten
 25    percent  (10%)  of  the qualified voters of each county proposed to be annexed
 26    based upon the whole number of votes cast in each  respective  county  at  the
 27    last preceding general election.
 28        (4)  Any  such petition shall contain the name of the land-based port dis-
 29    trict proposed to be enlarged, a description of the exterior boundaries of the
 30    territory to be annexed, and shall refer to this section of  the  Idaho  Code.
 31    Any  person  signing  such  petition  shall,  in  addition to signing his name
 32    thereon, write thereon his residence address. The petition shall be  presented
 33    to  the  clerk  of  the county or counties wherein the territory to be annexed
 34    lies.
                                                                        
 35        70-2209.  ANNEXATION -- CERTIFICATION OF PETITION. If the county clerk  or
 36    clerks  shall find the said petition to be in proper form, and to be signed by
 37    the proper number of qualified voters of such areas within their county,  they
 38    shall so certify to the commissioners of their respective counties, and to the
 39    board  of  county commissioners of the county in which the existing land-based
 40    port district is located. The petition shall be certified at least sixty  (60)
 41    days  before the date of the election herein referred to and the procedure, if
 42    such petition shall be found insufficient and for the amending thereof,  shall
 43    be  the  same as herein provided for petitions for the formation of land-based
 44    port districts.
                                                                        
 45        70-2210.  ANNEXATION -- ELECTION. The commissioners of the county or coun-
 46    ties to be annexed, as well as the commissioners of  the  county  wherein  the
 47    existing  land-based port district is located, shall submit the proposition to
 48    the voters of such area within the respective counties at  the  next  election
 49    held  pursuant to section 34-106, Idaho Code. Except as in this section other-
 50    wise provided, the procedure for submitting the proposition shall be the  same
 51    as  herein  provided for the original formation of a land-based port district.
                                                                        
                                           4
                                                                        
  1    In submitting the question to the voters for their approval or rejection,  the
  2    proposition  shall  be expressed on the ballots substantially in the following
  3    terms:
  4        "Enlargement of Port of ...., Yes." (Giving the  name  of  the  land-based
  5    port district);
  6        "Enlargement  of  Port  of  ...., No." (Giving the name of said land-based
  7    port district).
  8        The said elections in the relevant counties shall be held simultaneously.
                                                                        
  9        70-2211.  ANNEXATION -- CANVASS AND DECLARATION OF  ELECTION  RESULTS.  At
 10    the time provided by law for the canvass of the vote of the election, the com-
 11    missions  of  the  relevant  counties shall canvass the returns of the area of
 12    their respective counties and declare the results of  such  election  in  each
 13    county.  The  annexation  shall  be  deemed approved only if a majority of the
 14    votes cast in the existing land-based port district were in favor of the  pro-
 15    posal  and, in addition thereto, a majority of the votes cast in the area pro-
 16    posed to be annexed were in favor of the proposal.
                                                                        
 17        70-2212.  ANNEXATION -- ENTRY OF  ORDER  --  LIABILITIES  FOR  OUTSTANDING
 18    INDEBTEDNESS. If a majority of votes cast in the land-based port district and,
 19    in  addition  thereto, a majority of the votes cast in the area to be annexed,
 20    favor such annexation, the governing body in each county  in  which  any  such
 21    land  shall  lie  shall enter an order declaring such land-based port district
 22    enlarged so as to embrace within the limits thereof the territory described in
 23    the petition for such election, and thereupon the  boundaries  of  said  land-
 24    based  port  district  shall be so enlarged and the port commissioners thereof
 25    shall have jurisdiction over the whole of said district  as  enlarged  to  the
 26    same  extent, and with like power and authority, as though the additional ter-
 27    ritory had been originally embraced within  the  boundaries  of  the  existing
 28    land-based port district; provided however, that none of the lands or property
 29    embraced within the territory added to and incorporated within such land-based
 30    port district shall be liable to assessment for the payment of any outstanding
 31    bonds,  warrants or other indebtedness of the preexisting land-based port dis-
 32    trict so enlarged, but such outstanding bonds, warrants or other  indebtedness
 33    together  with  interest  thereon,  shall be paid exclusively from assessments
 34    levied and collected on the lands and property embraced within the  boundaries
 35    of the preexisting land-based port district.
                                                                        
 36        70-2213.  COMMISSIONERS  --  COMMISSIONER  DISTRICTS.  The powers of land-
 37    based port districts shall be exercised through a port  commission  consisting
 38    of  three  (3) members, one (1) from each of the three (3) county commissioner
 39    districts of the county in which the land-based port district is located.  One
 40    (1)  commissioner  shall  be elected from each of said commissioner districts.
 41    Provided however, the powers of regional land-based port  districts  shall  be
 42    exercised  through a port commission consisting of three (3) members from each
 43    county comprising the regional district, one (1) from each of  the  three  (3)
 44    county commissioner districts of each county in which the regional district is
 45    located.
                                                                        
 46        70-2214.  COMMISSIONERS  -- QUALIFICATIONS. No person shall be eligible to
 47    hold the office of port commissioner unless he is a qualified elector  of  the
 48    state of Idaho and a resident of the district from which he is seeking office.
                                                                        
 49        70-2215.  COMMISSIONERS  --  FIRST ELECTION. At the same election at which
 50    the proposition is submitted to the voters as to  whether  a  land-based  port
                                                                        
                                           5
                                                                        
  1    district  shall  be  formed,  three (3) commissioners shall be elected to hold
  2    office from each county to be included within the district,  respectively  for
  3    the  terms  of two (2), four (4) and six (6) years. In each county, all candi-
  4    dates at the formation election shall be voted upon by the entire county,  and
  5    the candidate residing in commissioner district number one receiving the high-
  6    est  number  of votes shall hold office for the term of six (6) years; and the
  7    candidate residing in commissioner district number two receiving  the  highest
  8    number of votes shall hold office for the term of four (4) years; and the can-
  9    didate  residing  in  commissioner district number three receiving the highest
 10    number of votes shall hold office for the term of two (2) years. In all subse-
 11    quent elections in the county of original formation,  the  port  commissioners
 12    shall likewise be elected at large within that county.
                                                                        
 13        70-2216.  COMMISSIONERS  FOR ANNEXED AREA. At the same election at which a
 14    proposition for annexation of land to an existing  district  is  submitted  to
 15    vote,  three  (3)  commissioners shall be elected by the voters in each county
 16    proposed to be annexed to represent such area in case such annexation shall be
 17    accomplished as a  result  of  such  election.  Such  commissioners  shall  be
 18    elected,  hold  office,  and  be succeeded pursuant to the same provisions for
 19    commissioners as set forth in section 70-2215, Idaho Code. Such  commissioners
 20    shall  have the same qualifications as herein provided for other commissioners
 21    of the district, and shall be residents of the annexed area. If the annexation
 22    shall be accomplished, the port commission shall  thereafter  consist  of  the
 23    commissioners  of  the original land-based port district and the commissioners
 24    for such annexed county or counties.
                                                                        
 25        70-2217.  REVISION OF COMMISSIONER DISTRICTS AUTHORIZED. The commission by
 26    resolution may, and upon petition signed by not less than  two  hundred  fifty
 27    (250) electors residing in the area to be redistricted, shall, reestablish the
 28    boundaries  of  the commissioner districts so that each such commissioner dis-
 29    trict shall comprise as nearly as possible an equal portion of the  population
 30    of the land-based port district, provided that no county voting precinct shall
 31    be divided by the boundary lines of a commissioner district.
                                                                        
 32        70-2218.  PUBLIC  MEETING FOR REVISION -- NOTICE. The revision of boundary
 33    lines provided for in this chapter shall be made only at a meeting of the port
 34    commission with attendance of all of the  members  of  the  commission,  which
 35    meeting shall be public. The port commission shall give notice of such meeting
 36    by  publishing the same in a daily newspaper of general circulation within the
 37    land-based port district, or if there be no such daily newspaper,  then  in  a
 38    weekly  newspaper of general circulation within such land-based port district.
 39    Such notice shall be published not less than once per week for two (2) consec-
 40    utive weeks, the date of the first publication to be not more than twenty (20)
 41    days prior to the date fixed for such meeting. Such  notice  shall  state  the
 42    time, place and purpose of the meeting.
                                                                        
 43        70-2219.  CHANGE  NOT  TO  AFFECT  EXISTING TERMS OF OFFICE. Any change of
 44    boundary lines provided for in this chapter shall not affect the terms of com-
 45    missioners already in office at the time the change is made.
                                                                        
 46        70-2220.  APPLICATION OF PORT DISTRICT PROVISIONS. Unless  otherwise  pro-
 47    vided  in this chapter, all provisions of chapters 12, 14, 15, 16, 17, 18, 19,
 48    20 and 21, title 70, Idaho Code, shall also  apply  to  land-based  port  dis-
 49    tricts. Provided however, that:
 50        (1)  Any reference to "harbor improvement" or "harbor improvement and port
                                                                        
                                           6
                                                                        
  1    improvement"  shall  be considered, for the purposes of this chapter, a refer-
  2    ence to "port improvement" and "harbor and/or port improvement" respectively;
  3        (2)  With respect to the fixing of rates and charges as provided  in  sec-
  4    tion  70-1505, Idaho Code, land-based port districts are further authorized to
  5    fix, subject to regulation, all such charges upon, in addition  to  those  set
  6    forth in section 70-1505, Idaho Code, other port facilities owned by the state
  7    of  Idaho,  and operated by a district pursuant to lease or agreement with the
  8    state.
                                                                        
  9        70-2221.  DISINCORPORATION.   (1)   A   land-based   port   district   may
 10    disincorporate after proceedings had as required by this  section.  The  land-
 11    based   port   district  commission  shall,  upon  receiving  a  petition  for
 12    disincorporation signed by not less than twenty-five percent (25%) of the num-
 13    ber of qualified electors casting votes at the  last  election  of  land-based
 14    port  district  commissioners  held there, submit the question of whether such
 15    district shall disincorporate to the electors of the district.  Such  election
 16    shall be held in accordance with title 34, Idaho Code.
 17        (2)  In  submitting  the said question to the voters for their approval or
 18    rejection, the proposition shall be expressed on said ballot substantially  in
 19    the following terms:
 20        "Disincorporation of Port of .... Yes."
 21        "Disincorporation of Port of .... No."
 22    (Giving the name of the land-based port district.)
 23        (3)  The  votes  shall  be  canvassed in the same manner as in other elec-
 24    tions. If the canvass of votes shows that less than two-thirds  (2/3)  of  the
 25    votes cast were in favor of disincorporation, the commission shall declare the
 26    petition  for  disincorporation denied, in which event no other election shall
 27    be held on the question of disincorporating the district until the  expiration
 28    of  two (2) years from the date of the election so held. If it is found by the
 29    canvass of votes that two-thirds (2/3) of all the votes cast were in favor  of
 30    disincorporation,  the  commission  shall certify such election results to the
 31    boards of commissioners of the county or counties in  which  the  district  is
 32    located.
 33        (4)  The  board or boards of commissioners of the county or counties shall
 34    thereupon enter an order that the district be disincorporated, said  order  to
 35    take  effect  at  the end of the calendar year in which the election was held,
 36    but in no event less than thirty (30) days from the date of the holding of the
 37    election.
 38        (5)  All proceedings following entry  of  the  order  of  disincorporation
 39    shall be conducted to the extent practicable in the same manner as is provided
 40    for  the  disincorporation  of  municipal  corporations under sections 50-2206
 41    through 50-2214, Idaho Code; provided that in no event shall  disincorporation
 42    be effective until all indebtedness of the district has been paid or duly pro-
 43    vided for; and provided, further, that no district may incur new or additional
 44    indebtedness after an order for disincorporation has been entered.
 45        (6)  In  the case of a regional land-based port district, the requirements
 46    of this section must be met independently in each county included  within  the
 47    regional  district. In the event voters in any county within the district fail
 48    to pass the  proposition  for  disincorporation,  disincorporation  shall  not
 49    occur, whether or not the proposition was passed in another county or counties
 50    within  the  regional district. Elections for disincorporation in the relevant
 51    counties shall be held simultaneously.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 12844
                                
The purpose of this legislation is to expand the opportunity of
creating port districts to areas that are not adjacent to continuous
waterways and to allow the creation of port districts in multiple
county situations.




                          FISCAL IMPACT
                                
There is no fiscal impact to the State or the general fund.









Contacts
            Name:     Senator Dick Compton
                  Phone:    332-1344
                  Name:     Senator Bert Marley
                  Phone:    332-1407
            
            
      STATEMENT OF PURPOSE/FISCAL NOTE                         S 1090