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S1384......................................................by STATE AFFAIRS
COUNTY-BASED INTERMODAL COMMERCE AUTHORITIES - Adds to existing law to
authorize county-based intermodal commerce authorities; to set forth
purposes; to provide for establishment and abolishment; to provide for
commissioners; to provide for the cooperation of counties; to set forth
general powers of the county-based intermodal commerce authority; to
provide for rules, policies and orders; to provide for supplementary
powers; to provide for the granting of operation and use privileges; to
provide for the disposal of property; to provide for bonds and obligations;
to provide for the creation of a debt service fund; to set forth provisions
applicable to federal, state and local money; and to provide for tax exempt
status.
02/23 Senate intro - 1st rdg - to printing
02/24 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1384
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COUNTY-BASED INTERMODAL COMMERCE AUTHORITIES; AMENDING TITLE 70,
3 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 22, TITLE 70, IDAHO CODE, TO
4 AUTHORIZE A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY, TO SET FORTH PUR-
5 POSES, TO PROVIDE FOR ESTABLISHMENT AND ABOLISHMENT, TO PROVIDE FOR COM-
6 MISSIONERS, TO PROVIDE FOR THE COOPERATION OF COUNTIES, TO SET FORTH GEN-
7 ERAL POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY, TO PROVIDE
8 FOR RULES, POLICIES AND ORDERS, TO PROVIDE FOR SUPPLEMENTARY POWERS, TO
9 PROVIDE FOR THE GRANTING OF OPERATION AND USE PRIVILEGES, TO PROVIDE FOR
10 THE DISPOSAL OF PROPERTY, TO PROVIDE FOR BONDS AND OBLIGATIONS, TO PROVIDE
11 FOR THE CREATION OF A DEBT SERVICE FUND, TO SET FORTH PROVISIONS APPLICA-
12 BLE TO FEDERAL, STATE AND LOCAL MONEY AND TO PROVIDE FOR TAX EXEMPT STA-
13 TUS.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Title 70, Idaho Code, be, and the same is hereby amended
16 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
17 ter 22, Title 70, Idaho Code, and to read as follows:
18 CHAPTER 22
19 COUNTY-BASED INTERMODAL COMMERCE AUTHORITY
20 70-2201. COUNTY-BASED INTERMODAL COMMERCE AUTHORITY AUTHORIZED. The
21 county-based intermodal commerce authority, hereinafter referred to as the
22 intermodal authority, is hereby authorized to acquire, construct, maintain,
23 operate, develop and regulate rail, truck, and other on-land transfer and ter-
24 minal facilities, buildings, warehouses and storage facilities, manufacturing,
25 industrial and economic development facilities and services, reasonably inci-
26 dent to a modern, efficient and competitive land-based port, and may be estab-
27 lished according to this chapter in any county or city.
28 70-2202. PURPOSE -- PUBLIC AND GOVERNMENT FUNCTIONS. The purposes of a
29 county-based intermodal authority are to:
30 (1) Promote, stimulate and advance the commerce, economic development,
31 and prosperity of its jurisdiction and of the state;
32 (2) Endeavor to increase the volume of commerce within the jurisdiction
33 of the county-based intermodal commerce authority and local jurisdiction
34 through planning, advertising, acquisition, establishment, development, con-
35 struction, improvement, maintenance, operation, regulation, and protection of
36 transportation, storage, and other facilities that promote economic handling
37 of commerce;
38 (3) Cooperate and act in conjunction with other organizations, either
39 public or private, in the development of commerce, industry, manufacturing,
40 services, natural resources, agriculture, livestock, recreation, and other
41 economic activity in the state; and
2
1 (4) Support the creation, expansion, modernization, retention, and relo-
2 cation of new and existing businesses and industries, and assist in and sup-
3 port the growth of all kinds of economic activity that will tend to promote
4 commerce and business development, maintain the economic stability and pros-
5 perity of its jurisdiction and of the state.
6 70-2203. ESTABLISHMENT AND ABOLISHMENT. Any county, hereinafter referred
7 to as a governing body, may, after a public hearing, by resolution or ordi-
8 nance of its governing body, create a public body, corporate and politic, to
9 be known as a local county-based intermodal commerce authority. Any county
10 after establishment of an intermodal authority may, after a public hearing, by
11 resolution or ordinance abolish the county-based intermodal commerce author-
12 ity. A county-based intermodal commerce authority shall be authorized to exer-
13 cise its functions upon the appointment and qualification of the first commis-
14 sioners thereof. The resolution or ordinance creating an authority shall
15 include provisions for governance and how the authority shall conduct its
16 affairs. The board of directors shall consist of no less than three (3) mem-
17 bers.
18 70-2204. COMMISSIONERS. (1) The powers of each authority are vested in
19 the commissioners thereof. The resolution or ordinance creating an authority
20 shall include provisions for establishing a commission to govern the affairs
21 of the authority, to define what constitutes a quorum of the commission, terms
22 of commissioners, procedures for appointment, reappointment, and vacancies. A
23 majority of the commissioners of an authority constitutes a quorum for the
24 purpose of conducting business of the authority and exercising its powers for
25 all other purposes. Action may be taken by the intermodal authority upon a
26 vote of not less than a majority of the commissioners present.
27 (2) Each local county-based intermodal commerce authority must elect a
28 chairman and vice-chairman from among the commissioners at time and for terms
29 as set out in the respective resolution or ordinance.
30 (3) An intermodal authority may employ such other officers, agents, and
31 employees, permanent or temporary, as it may require. Commissioners shall
32 determine necessary qualifications, duties and compensation for officers,
33 agents and employees. An intermodal authority may delegate to one (1) or more
34 of its agents or employees such powers or duties as it considers proper.
35 (4) A commissioner of an intermodal authority is entitled to receive
36 reimbursement for expenses for travel and the discharge of his or her duties
37 according to the policies of the governing body.
38 70-2205. COOPERATION OF COUNTY. For the purpose of aiding and cooperating
39 in the planning, establishment, construction or operation of an intermodal
40 authority or any of its facilities, any governing body of the respective
41 county for which an intermodal authority has been created may:
42 (1) Lend or donate money to the intermodal authority;
43 (2) Provide that all funds available or to become available to or
44 required by law to be used by the county for a local county-based intermodal
45 commerce authority purposes be transferred or paid directly to the intermodal
46 authority as such funds become available to the county;
47 (3) Cause water, sewer or drainage facilities or any other facilities
48 that it is empowered to provide to be furnished adjacent to or in connection
49 with such local authorities or intermodal authority facilities;
50 (4) Dedicate, sell, convey or lease any of its interest in any property
51 or facility or grant easements, licenses, or any other rights or privileges
52 therein to the intermodal authority;
3
1 (5) Furnish, dedicate, close, pave, install, grade, regrade, plan or
2 replan streets, roads, roadways, and walks from established streets or roads
3 to such intermodal authority or facilities;
4 (6) Do any and all things, whether or not specifically authorized in this
5 section and not otherwise prohibited by state or federal law or resolution or
6 ordinance, that are necessary or convenient to aid and cooperate with the
7 intermodal authority in the planning, construction or operation of an
8 intermodal authority and its facilities; and
9 (7) Enter into agreements with the intermodal authority respecting action
10 to be taken by the county pursuant to the provisions of this section.
11 70-2206. GENERAL POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY.
12 An intermodal authority shall have the powers provided to it by a local gov-
13 erning body including, but not limited to:
14 (1) Request and receive annually any local funds dedicated to the author-
15 ity by the governing body for local county-based intermodal commerce authority
16 purposes;
17 (2) Have perpetual succession unless abolished as provided in this chap-
18 ter;
19 (3) Sue and be sued;
20 (4) Have a seal;
21 (5) Execute contracts and other instruments and take other action that
22 may be necessary or convenient to carry out the purposes of this chapter;
23 (6) Plan, establish, acquire, develop, construct, purchase, enlarge,
24 improve, modify, maintain, equip, operate, regulate and protect transporta-
25 tion, storage, or other facilities or other personal property necessary or
26 convenient to carry out the purposes of this chapter;
27 (7) Acquire any land or interest in land. All land and other property and
28 privileges acquired and used by or on behalf of any intermodal authority must
29 be used for intermodal authority purposes. As specified in this chapter, a
30 port authority may pledge, lease, sell, or mortgage all or any part of its
31 facilities to secure bonds;
32 (8) Recommend to the local governing body that created it, comprehensive
33 county-based intermodal commerce authority zoning regulations in accordance
34 with the laws of this state and the governing body; and
35 (9) Provide financial and other support to corporations or other business
36 entities or organizations under the provisions of Idaho law, whose purpose is
37 to promote, stimulate, develop and advance the economic development and pros-
38 perity of its jurisdiction and of the state and its citizens by stimulating,
39 assisting in, and supporting the growth of all kinds of economic activity,
40 including the creation, expansion, modernization, retention, and relocation of
41 new and existing businesses and industry in the state, all of which will tend
42 to promote business development, maintain the economic stability and prosper-
43 ity of the state, and thus provide maximum opportunities for employment and
44 improvement in the standards of living of citizens of the state.
45 70-2207. RULES, POLICIES AND ORDERS. An intermodal authority may adopt,
46 amend, and repeal such reasonable rules, policies and orders as it considers
47 necessary for its own administration, management, and governance as well as
48 for the management, governance, and use of any transportation, storage, or
49 other facility owned by it or under its control. No rule, policy, order or
50 standard prescribed by the intermodal authority may be inconsistent with or
51 contrary to any act of the congress of the United States or any law, rule,
52 ordinance or resolution of the state of Idaho or the local governing body cre-
53 ating the intermodal authority. The intermodal authority shall keep on file at
4
1 the principal office of the intermodal authority a copy of all its rules, pol-
2 icies and orders for public inspection.
3 70-2208. SUPPLEMENTARY POWERS. In addition to the general and special
4 powers conferred by this chapter, each intermodal authority may exercise all
5 powers delegated to it by the governing body creating it and powers incidental
6 to the exercise of such general and special powers contained herein.
7 70-2209. GRANTING OF OPERATION AND USE PRIVILEGES. In connection with the
8 operation of transportation, storage, or other facilities owned or controlled
9 by an intermodal authority, the intermodal authority may:
10 (1) Enter into contracts, leases, and other arrangements for terms not to
11 exceed thirty (30) years:
12 (a) Granting the privilege of using or improving the intermodal authority
13 facility or any portion or facility thereof or space therein for commer-
14 cial purposes;
15 (b) Conferring the privilege of supplying goods, commodities, services or
16 facilities at the intermodal authority facility; and
17 (c) Making available services to be furnished by the intermodal authority
18 or its agents at the transportation, storage or other facility; and
19 (2) Establish the terms and conditions and fix the charges, rentals or
20 fees for the privileges or services, which must be reasonable and uniform for
21 the same class of privilege or service and must be established with due regard
22 to the property and improvements used and the expenses of operation to the
23 authority.
24 70-2210. PROPERTY -- DISPOSAL. Except as may be limited by the terms and
25 conditions of any grant, loan or agreement entered into by the intermodal
26 authority, an intermodal authority may sell, lease or otherwise dispose of any
27 transportation, storage or other facility or other property or portion of or
28 interest in the intermodal authority's facility or property acquired pursuant
29 to this chapter. The disposal by sale, lease, or otherwise must be in accor-
30 dance with the laws of this state and the governing body governing the dispo-
31 sition of other public property, unless a sale, lease, mortgage or other dis-
32 position is made under this chapter to secure bonds of the intermodal author-
33 ity.
34 70-2211. BONDS AND OBLIGATIONS. (1) Except for providing financial sup-
35 port to a private organization, including a business operating under Idaho
36 law, whose purpose is to advance the economic development of its jurisdiction
37 and of the state and its citizens, an intermodal authority may borrow money
38 for any of its lawful purposes. The bonds may be issued according to processes
39 and in the form and upon terms as it determines pursuant to section 3B, arti-
40 cle VIII of the constitution of the state of Idaho. Bonds shall be payable out
41 of any revenue of the intermodal authority, including revenue derived from:
42 (a) Any transportation, storage or other facility;
43 (b) Grants or contributions from federal, state or local governments; or
44 (c) Other sources.
45 (2) The bonds may be issued by resolution of the intermodal authority
46 pursuant to section 3B, article VIII of the constitution of the state of
47 Idaho, without any limitation of amount, except that bonds may not be issued
48 at any time if the total amount of principal and interest to become due in any
49 year on the bonds and on any then outstanding bonds for which revenue from the
50 same source is pledged exceeds the amount of revenue to be received in that
51 year, as estimated in the intermodal authority order authorizing the issuance
5
1 of the bonds. The intermodal authority shall take all action necessary and
2 possible to impose, maintain, and collect rates, charges and rentals suffi-
3 cient to make the revenue from the pledged source in such year at least equal
4 to the amount of principal and interest due in that year.
5 (3) The bonds may be sold at public or private sale and shall bear inter-
6 est at such rate or rates as the issuing intermodal authority respectively
7 shall determine. Except as otherwise provided in this chapter, any bonds
8 issued pursuant to this chapter by an intermodal authority may be payable as
9 to principal and interest solely from revenue of the intermodal authority or
10 from particular port, transportation, storage or other facilities of the
11 intermodal authority. The bonds must state on their face the applicable limi-
12 tations or restrictions regarding the source from which principal and interest
13 are payable.
14 (4) Bonds issued by an intermodal authority pursuant to the provisions of
15 this chapter are declared to be issued for an essential public and governmen-
16 tal purpose.
17 (5) For the security of bonds, the intermodal authority may by resolution
18 make and enter into any covenant, agreement or indenture and may exercise any
19 additional powers authorized by a county. The sums required from time to time
20 to pay principal and interest and to create and maintain a reserve for the
21 bonds may be paid from any revenue referred to in this chapter, prior to the
22 payment of current costs of operation and maintenance of the facilities. As
23 further security for the bonds, the intermodal authority, with the approval of
24 the governing body of the county that created the authority, may pledge,
25 lease, sell, mortgage, or grant a security interest in all or any portion of
26 its land-based port, transportation, storage or other facilities, whether or
27 not the facilities are financed by the bonds. The instrument effecting the
28 pledge, lease, sale, mortgage, or security interest may contain any agreements
29 and provisions customarily contained in instruments securing bonds, as the
30 commissioners of the intermodal authority consider advisable. The provisions
31 must be consistent with this chapter and are subject to and must be in accor-
32 dance with the laws of this state governing mortgages, trust indentures, secu-
33 rity agreements, or instruments. The instrument may provide that in the event
34 of a default in the payment of principal or interest on the bonds or in the
35 performance of any agreement contained in the proceedings authorizing the
36 bonds or instrument, the payment or performance may be enforced by the
37 appointment of a receiver in equity. The receiver may collect charges, rents
38 or fees and may apply the revenue from the mortgaged property or collateral in
39 accordance with the provisions of the instrument.
40 (6) Nothing in this section may be construed to limit the use of
41 intermodal authority revenue, including federal, state and local money to make
42 grants and loans or to otherwise provide financial and other support to pri-
43 vate intermodal authority, including corporations and business entities oper-
44 ating under the provisions of Idaho law. The credit of the state, county or
45 municipal governments or their agencies or authorities may not be pledged to
46 provide financial support to the intermodal authority.
47 70-2212. DEBT SERVICE FUND. An intermodal authority may create a debt
48 service fund and accumulate therein a sum determined by the governing body,
49 together with interest thereon, for the use, repairs, maintenance, and capital
50 outlays of a county-based intermodal commerce authority.
51 70-2213. FEDERAL, STATE AND LOCAL MONEY. An intermodal authority may
52 accept, receive, receipt for, and spend federal, state and local money and
53 other public or private money made available by grant, loan or appropriation
6
1 to accomplish any of the purposes of this chapter and according to conditions
2 of the grant, loan or appropriation. All federal money accepted under this
3 section must be accepted and spent by the authority upon terms and conditions
4 prescribed by the United States and consistent with state law. All state money
5 accepted under this section must be accepted and spent by the intermodal
6 authority upon terms and conditions prescribed by the state. All county or
7 municipal money accepted under this section must be accepted and spent by the
8 intermodal authority upon terms and conditions prescribed by the governing
9 county.
10 70-2214. TAX EXEMPTION. Any property in this state acquired by an
11 intermodal authority for purposes pursuant to the provisions of this chapter,
12 and any income derived by the intermodal authority from the ownership, opera-
13 tion, or control thereof, including property acquired and income derived from
14 organizations, including corporations operating under the laws of this state,
15 are exempt from taxation to the same extent as other property used for public
16 purposes.
STATEMENT OF PURPOSE
RS 14105
This proposal creates a new section 70-2201, authorizing creation
of a county-based intermodal commerce authority. The local
commerce authority shall not have taxing authority, and is
designed to create, stimulate and advance commerce, economic
development in the local jurisdiction, and for all Idaho. Any
board of county commissioners may create or abolish the
intermodal commerce authority. A board of local intermodal
authority commissioners appointed by the respective county
commissioners shall serve as the management team. A county-based
intermodal commerce authority may acquire assets and revenue from
loans or it may issue and secure bonds according to article VIII,
section 3E of the Idaho Constitution, but only to the limit of
assets held by the intermodal authority and other revenue
generated by economic operations of the authority. The authority
is empowered to receive federal, state or local money including
gifts, grants, direct appropriations, and to enter into
contracts, acquire, hold and lease property only for purposes of
promoting local and statewide economic growth and commerce,
maintaining facilities for commerce, commodity shipping,
transportation transfer, and storage.
FISCAL NOTE
There will be no impact upon state general fund revenues.
CONTACTS
NAME: Senator Dean Cameron
PHONE: 334-4735
NAME: Speaker Bruce Newcomb
PHONE: 332-1111
NAME: Representative Scott Bedke
PHONE: 332-1000
STATEMENT OF PURPOSE S 1384