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S1171......................................................by STATE AFFAIRS
PORT DISTRICTS - Adds to existing law to provide for disincorporation of
port districts.
03/20 Senate intro - 1st rdg - to printing
03/21 Rpt prt - to St Aff
03/25 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Calabretta, Goedde
Floor Sponsor - Stegner
Title apvd - to House
03/28 House intro - 1st rdg - to St Aff
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
05/03 3rd rdg - PASSED - 63-0-7
AYES -- Andersen(Guyon), Barraclough(Schanz), Barrett, Bauer, Bedke,
Bell, Bieter, Black, Block, Boe, Bolz, Campbell, Cannon, Collins,
Crow, Cuddy, Deal, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langhorst, McGeachin, McKague, Meyer, Miller, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Clark, Denney, Field(23), Langford,
Martinez(Echohawk), Mitchell
Floor Sponsor - Ellsworth
Title apvd - to Senate
05/03 To enrol - Rpt enrol - Pres signed - Sp signed
05/05 To Governor
05/07 Governor signed
Session Law Chapter 353
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1171
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PORT DISTRICTS; AMENDING THE CHAPTER HEADING OF CHAPTER 11, TITLE
3 70, IDAHO CODE; AND AMENDING CHAPTER 11, TITLE 70, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 70-1114, IDAHO CODE, TO PROVIDE FOR
5 DISINCORPORATION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That the Heading for Chapter 11, Title 70, Idaho Code, be, and
8 the same is hereby amended to read as follows:
9 CHAPTER 11
10 PORT DISTRICTS -- FORMATION AND -- ANNEXATION --
11 DISINCORPORATION
12 SECTION 2. That Chapter 11, Title 70, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 70-1114, Idaho Code, and to read as follows:
15 70-1114. DISINCORPORATION. (1) A port district may disincorporate after
16 proceedings as required by this section. The port commission shall, upon
17 receiving a petition for disincorporation signed by not less than twenty-five
18 percent (25%) of the number of qualified electors casting votes at the last
19 election of the port commissioners held therein, submit the question of
20 whether such port district shall disincorporate to the electors of the port
21 district. Such election shall be held in accordance with title 34, Idaho Code.
22 (2) In submitting the said question to the voters for their approval or
23 rejection, the proposition shall be expressed on said ballot substantially in
24 the following terms:
25 "Disincorporation of Port of .... Yes."
26 "Disincorporation of Port of .... No."
27 (Giving the name of the port district.)
28 (3) The votes shall be canvassed in the same manner as in other elec-
29 tions. If the canvass of votes shows that less than two-thirds (2/3) of the
30 votes cast were in favor of disincorporation, the port commission shall
31 declare the petition for disincorporation denied, in which event no other
32 election shall be held on the question of disincorporating the port district
33 until the expiration of two (2) years from the date of the election so held.
34 If it is found by the canvass of votes that two-thirds (2/3) of all the votes
35 cast were in favor of disincorporation, the port commission shall certify such
36 election results to the boards of commissioners of the county or counties in
37 which the port district is located.
38 (4) The board or boards of commissioners of the county or counties shall
39 thereupon enter an order that the port district be disincorporated, said order
40 to take effect at the end of the calendar year in which the election was held,
41 but in no event less than thirty (30) days from the date of the holding of the
2
1 election.
2 (5) All proceedings following entry of the order of disincorporation
3 shall be conducted to the extent practicable in the same manner as is provided
4 for the disincorporation of municipal corporations under sections 50-2206
5 through 50-2214, Idaho Code; provided that in no event shall disincorporation
6 be effective until all indebtedness of the port district has been paid or duly
7 provided for; and provided further, that no port district may incur new or
8 additional indebtedness after an order for disincorporation has been entered.
STATEMENT OF PURPOSE
RS 13200
This legislation allows for the disincorporation of water-based
port districts. Idaho Code 70-1108 states that a port district
is a municipal corporation of the State of Idaho. Currently,
there is no language in the port district statute dealing with
the disincorporation of a port district. This legislation is
similar to disincorporation language for other Idaho
municipalities, and establishes the process by which a port
district may be disincorporated.
FISCAL IMPACT
None
Contact
Name: Senator Joe Stegner
Phone: 332-1307
STATEMENT OF PURPOSE/FISCAL NOTE S 1171