2003 Legislation
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SENATE BILL NO. 1171 – Port dist, disincorporation


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Daily Data Tracking History

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

Bill Text

  ||||              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
  4        ADDITION  OF  A  NEW  SECTION  70-1114,  IDAHO  CODE,   TO   PROVIDE   FOR
  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
  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 / Fiscal Impact

                       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

Name: Senator Joe Stegner
Phone: 332-1307

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1171