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H0401..................................................by REVENUE AND TAXATION
PORT DISTRICTS - Amends existing law to provide for land-based port district
authorization; to provide for 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.
04/02 House intro - 1st rdg - to printing
04/03 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 401
BY REVENUE AND TAXATION 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) counties or more 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 insufficiency
29 thereof, and for such purpose the county clerk shall have access to all regis-
30 tration books in the possession of the officials of any municipal corporation
31 in such proposed land-based port district. If such petition be found to be
32 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
RS 13259
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 for the creation of port
districts in county and regional 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 H 401