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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
|||| 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.
|||| 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.".
|||| 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
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