2004 Legislation
Print Friendly

SENATE BILL NO. 1439 – County-based intermodal commerce

SENATE BILL NO. 1439

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1439aaH...................................................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; and to set forth
provisions applicable to federal, state and local moneys.
                                                                        
03/04    Senate intro - 1st rdg - to printing
03/05    Rpt prt - to Loc Gov
    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 17-15-3
      AYES -- Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Gannon,
      Geddes, Hill, Ingram, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Pearce, Richardson, Sorensen
      NAYS -- Andreason, Bailey, Calabretta, Compton, Davis, Kennedy,
      Keough, Little, Noh, Schroeder, Stegner, Stennett, Sweet, Werk,
      Williams
      Absent and excused -- Burkett, Goedde, Noble
    Floor Sponsor - Cameron
    Title apvd - to House
03/10    House intro - 1st rdg - to Rev/Tax
03/16    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
03/17    1st rdg - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
03/19    3rd rdg as amen - PASSED - 63-3-4
      AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,
      Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,
      Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,
      Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
      Wills, Wood, Mr. Speaker
      NAYS -- Barrett, McKague, Smith(24)
      Absent and excused -- Bauer, Kellogg, Moyle, Trail
    Floor Sponsor - Mr. Speaker
    Title apvd - to Senate
03/19    Senate concurred in House amens - to engros
03/20    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley,
      McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw, Malepeai, Noble
    Floor Sponsor - Cameron
    Title apvd - To enrol - Rpt enrol - Pres signed
03/22    Sp signed - To Governor
03/26    Governor signed
         Session Law Chapter 353
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1439
                                                                        
                                 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.
                                                                        
 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 through planning, advertis-
 34    ing, acquisition, establishment, development, construction, improvement, main-
 35    tenance, operation, regulation, and protection of transportation, storage, and
 36    other facilities that promote economic handling of commerce;
 37        (3)  Cooperate and act in conjunction  with  other  organizations,  either
 38    public  or  private,  in the development of commerce, industry, manufacturing,
 39    services, natural resources, agriculture,  livestock,  recreation,  and  other
 40    economic activity in the state; and
 41        (4)  Support  the creation, expansion, modernization, retention, and relo-
                                                                        
                                           2
                                                                        
  1    cation of new and existing businesses and industries, and assist in  and  sup-
  2    port  the  growth  of all kinds of economic activity that will tend to promote
  3    commerce and business development, maintain the economic stability  and  pros-
  4    perity of its jurisdiction and of the state.
                                                                        
  5        70-2203.  ESTABLISHMENT  AND ABOLISHMENT. Any county, hereinafter referred
  6    to as a governing body, may, after a public hearing, by  resolution  or  ordi-
  7    nance  of  its governing body, create a public body, corporate and politic, to
  8    be known as a local county-based intermodal  commerce  authority.  Any  county
  9    after establishment of an intermodal authority may, after a public hearing, by
 10    resolution  or  ordinance abolish the county-based intermodal commerce author-
 11    ity. A county-based intermodal commerce authority shall be authorized to exer-
 12    cise its functions upon the appointment and qualification of the first commis-
 13    sioners thereof. The resolution  or  ordinance  creating  an  authority  shall
 14    include  provisions  for  governance  and  how the authority shall conduct its
 15    affairs. The board of directors shall consist of no less than three  (3)  mem-
 16    bers.
                                                                        
 17        70-2204.  COMMISSIONERS.  (1)  The  powers of each authority are vested in
 18    the commissioners thereof. The resolution or ordinance creating  an  authority
 19    shall  include  provisions for establishing a commission to govern the affairs
 20    of the authority, to define what constitutes a quorum of the commission, terms
 21    of commissioners, procedures for appointment, reappointment, and vacancies.  A
 22    majority  of  the  commissioners  of an authority constitutes a quorum for the
 23    purpose of conducting business of the authority and exercising its powers  for
 24    all  other  purposes.  Action  may be taken by the intermodal authority upon a
 25    vote of not less than a majority of the commissioners present.
 26        (2)  Each local county-based intermodal commerce authority  must  elect  a
 27    chairman  and  vice-chairman  from  among  the commissioners at a time and for
 28    terms as set out in the respective resolution or ordinance.
 29        (3)  An intermodal authority may employ such other officers,  agents,  and
 30    employees,  permanent  or  temporary,  as  it may require. Commissioners shall
 31    determine necessary qualifications,  duties  and  compensation  for  officers,
 32    agents  and employees. An intermodal authority may delegate to one (1) or more
 33    of its agents or employees such powers or duties as it considers proper.
 34        (4)  A commissioner of an intermodal  authority  is  entitled  to  receive
 35    reimbursement  for  expenses for travel and the discharge of his or her duties
 36    according to the policies of the governing body.
                                                                        
 37        70-2205.  COOPERATION OF COUNTY. For the purpose of aiding and cooperating
 38    in the planning, establishment, construction or  operation  of  an  intermodal
 39    authority  or  any  of  its  facilities,  any governing body of the respective
 40    county for which an intermodal authority has been created may:
 41        (1)  Lend or donate money to the intermodal authority;
 42        (2)  Provide that all  funds  available  or  to  become  available  to  or
 43    required  by  law  to  be used by the county for local county-based intermodal
 44    commerce authority purposes be transferred or paid directly to the  intermodal
 45    authority as such funds become available to the county;
 46        (3)  Cause  water,  sewer  or  drainage facilities or any other facilities
 47    that it is empowered to provide to be furnished adjacent to or  in  connection
 48    with such local authorities or intermodal authority facilities;
 49        (4)  Dedicate,  sell,  convey or lease any of its interest in any property
 50    or facility or grant easements, licenses, or any other  rights  or  privileges
 51    therein to the intermodal authority;
 52        (5)  Furnish,  dedicate,  close,  pave,  install,  grade, regrade, plan or
                                                                        
                                           3
                                                                        
  1    replan streets, roads, roadways, and walks from established streets  or  roads
  2    to such intermodal authority or facilities;
  3        (6)  Do any and all things, whether or not specifically authorized in this
  4    section  and not otherwise prohibited by state or federal law or resolution or
  5    ordinance, that are necessary or convenient to  aid  and  cooperate  with  the
  6    intermodal  authority  in  the  planning,  construction  or  operation  of  an
  7    intermodal authority and its facilities; and
  8        (7)  Enter into agreements with the intermodal authority respecting action
  9    to be taken by the county pursuant to the provisions of this section.
                                                                        
 10        70-2206.  GENERAL  POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY.
 11    An intermodal authority shall have the powers provided to it by a  local  gov-
 12    erning body including, but not limited to:
 13        (1)  Request and receive annually any local funds dedicated to the author-
 14    ity by the governing body for local county-based intermodal commerce authority
 15    purposes;
 16        (2)  Have  perpetual succession unless abolished as provided in this chap-
 17    ter;
 18        (3)  Sue and be sued;
 19        (4)  Have a seal;
 20        (5)  Execute contracts and other instruments and take  other  action  that
 21    may be necessary or convenient to carry out the purposes of this chapter;
 22        (6)  Plan,  establish,  acquire,  develop,  construct,  purchase, enlarge,
 23    improve, modify, maintain, equip, operate, regulate  and  protect  transporta-
 24    tion,  storage,  or  other  facilities or other personal property necessary or
 25    convenient to carry out the purposes of this chapter;
 26        (7)  Acquire any land or interest in land. All land and other property and
 27    privileges acquired and used by or on behalf of any intermodal authority  must
 28    be  used  for  intermodal  authority purposes. As specified in this chapter, a
 29    port authority may pledge, lease, sell, or mortgage all or  any  part  of  its
 30    facilities to secure bonds;
 31        (8)  Recommend  to the local governing body that created it, comprehensive
 32    county-based intermodal commerce authority zoning  regulations  in  accordance
 33    with the laws of this state and the governing body; and
 34        (9)  Provide financial and other support to corporations or other business
 35    entities  or organizations under the provisions of Idaho law, whose purpose is
 36    to promote, stimulate, develop and advance the economic development and  pros-
 37    perity  of  its jurisdiction and of the state and its citizens by stimulating,
 38    assisting in, and supporting the growth of all  kinds  of  economic  activity,
 39    including the creation, expansion, modernization, retention, and relocation of
 40    new  and existing businesses and industry in the state, all of which will tend
 41    to promote business development, maintain the economic stability and  prosper-
 42    ity  of  the  state, and thus provide maximum opportunities for employment and
 43    improvement in the standards of living of citizens of the state.
                                                                        
 44        70-2207.  RULES, POLICIES AND ORDERS. An intermodal authority  may  adopt,
 45    amend,  and  repeal such reasonable rules, policies and orders as it considers
 46    necessary for its own administration, management, and governance  as  well  as
 47    for  the  management,  governance,  and use of any transportation, storage, or
 48    other facility owned by it or under its control. No  rule,  policy,  order  or
 49    standard  prescribed  by  the intermodal authority may be inconsistent with or
 50    contrary to any act of the congress of the United States  or  any  law,  rule,
 51    ordinance or resolution of the state of Idaho or the local governing body cre-
 52    ating  the  intermodal authority.  The intermodal authority shall keep on file
 53    at the principal office of the intermodal authority a copy of all  its  rules,
                                                                        
                                           4
                                                                        
  1    policies and orders for public inspection.
                                                                        
  2        70-2208.  SUPPLEMENTARY  POWERS.  In  addition  to the general and special
  3    powers conferred by this chapter, each intermodal authority may  exercise  all
  4    powers delegated to it by the governing body creating it and powers incidental
  5    to the exercise of such general and special powers contained herein.
                                                                        
  6        70-2209.  GRANTING OF OPERATION AND USE PRIVILEGES. In connection with the
  7    operation  of transportation, storage, or other facilities owned or controlled
  8    by an intermodal authority, the intermodal authority may:
  9        (1)  Enter into contracts, leases, and other arrangements for terms not to
 10    exceed thirty (30) years:
 11        (a)  Granting the privilege of using or improving the intermodal authority
 12        facility or any portion or facility thereof or space therein  for  commer-
 13        cial purposes;
 14        (b)  Conferring the privilege of supplying goods, commodities, services or
 15        facilities at the intermodal authority facility; and
 16        (c)  Making available services to be furnished by the intermodal authority
 17        or its agents at the transportation, storage or other facility; and
 18        (2)  Establish  the  terms  and conditions and fix the charges, rentals or
 19    fees for the privileges or services, which must be reasonable and uniform  for
 20    the same class of privilege or service and must be established with due regard
 21    to  the  property  and  improvements used and the expenses of operation to the
 22    authority.
                                                                        
 23        70-2210.  PROPERTY -- DISPOSAL. Except as may be limited by the terms  and
 24    conditions  of  any  grant,  loan  or agreement entered into by the intermodal
 25    authority, an intermodal authority may sell, lease or otherwise dispose of any
 26    transportation, storage or other facility or other property or portion  of  or
 27    interest  in the intermodal authority's facility or property acquired pursuant
 28    to this chapter. The disposal by sale, lease, or otherwise must be  in  accor-
 29    dance  with the laws of this state and the governing body governing the dispo-
 30    sition of other public property, unless a sale, lease, mortgage or other  dis-
 31    position  is made under this chapter to secure bonds of the intermodal author-
 32    ity.
                                                                        
 33        70-2211.  BONDS AND OBLIGATIONS. (1) Except for providing  financial  sup-
 34    port  to  a  private  organization, including a business operating under Idaho
 35    law, whose purpose is to advance the economic development of its  jurisdiction
 36    and  of  the  state and its citizens, an intermodal authority may borrow money
 37    for any of its lawful purposes. For the purposes of sections 3 and 3B, article
 38    VIII of the constitution of the state of Idaho, the local intermodal authority
 39    shall be deemed and considered to be a port district. The bonds may be  issued
 40    according  to processes and in the form and upon terms as it determines pursu-
 41    ant to section 3B, article VIII of the constitution of  the  state  of  Idaho.
 42    Bonds shall be payable out of any revenue of the intermodal authority, includ-
 43    ing revenue derived from:
 44        (a)  Any transportation, storage or other facility;
 45        (b)  Grants or appropriations from federal, state or local governments; or
 46        (c)  Other sources.
 47        (2)  The  bonds  may  be  issued by resolution of the intermodal authority
 48    pursuant to section 3B, article VIII of  the  constitution  of  the  state  of
 49    Idaho,  without  any limitation of amount, except that bonds may not be issued
 50    at any time if the total amount of principal and interest to become due in any
 51    year on the bonds and on any then outstanding bonds for which revenue from the
                                                                        
                                           5
                                                                        
  1    same source is pledged exceeds the amount of revenue to be  received  in  that
  2    year,  as estimated in the intermodal authority order authorizing the issuance
  3    of the bonds. The intermodal authority shall take  all  action  necessary  and
  4    possible  to  impose,  maintain, and collect rates, charges and rentals suffi-
  5    cient to make the revenue from the pledged source in such year at least  equal
  6    to the amount of principal and interest due in that year.
  7        (3)  The bonds may be sold at public or private sale and shall bear inter-
  8    est  at  such  rate  or rates as the issuing intermodal authority respectively
  9    shall determine. Except as otherwise  provided  in  this  chapter,  any  bonds
 10    issued  pursuant  to this chapter by an intermodal authority may be payable as
 11    to principal and interest solely from revenue of the intermodal  authority  or
 12    from  particular transportation, storage or other facilities of the intermodal
 13    authority. The bonds must state on their face the  applicable  limitations  or
 14    restrictions  regarding  the source from which principal and interest are pay-
 15    able.
 16        (4)  Bonds issued by an intermodal authority pursuant to the provisions of
 17    this chapter are declared to be issued for an essential public and  governmen-
 18    tal purpose.
 19        (5)  For the security of bonds, the intermodal authority may by resolution
 20    make  and enter into any covenant, agreement or indenture and may exercise any
 21    additional powers authorized by a county. The sums required from time to  time
 22    to  pay  principal  and  interest and to create and maintain a reserve for the
 23    bonds may be paid from any revenue referred to in this chapter, prior  to  the
 24    payment  of  current  costs of operation and maintenance of the facilities. As
 25    further security for the bonds, the intermodal authority, with the approval of
 26    the governing body of the county  that  created  the  authority,  may  pledge,
 27    lease,  sell,  mortgage, or grant a security interest in all or any portion of
 28    its land-based port, transportation, storage or other facilities,  whether  or
 29    not  the  facilities  are  financed by the bonds. The instrument effecting the
 30    pledge, lease, sale, mortgage, or security interest may contain any agreements
 31    and provisions customarily contained in instruments  securing  bonds,  as  the
 32    commissioners  of  the intermodal authority consider advisable. The provisions
 33    must be consistent with this chapter and are subject to and must be in  accor-
 34    dance with the laws of this state governing mortgages, trust indentures, secu-
 35    rity  agreements, or instruments. The instrument may provide that in the event
 36    of a default in the payment of principal or interest on the bonds  or  in  the
 37    performance  of  any  agreement  contained  in the proceedings authorizing the
 38    bonds or instrument, the  payment  or  performance  may  be  enforced  by  the
 39    appointment  of  a receiver in equity. The receiver may collect charges, rents
 40    or fees and may apply the revenue from the mortgaged property or collateral in
 41    accordance with the provisions of the instrument.
 42        (6)  Nothing in this  section  may  be  construed  to  limit  the  use  of
 43    intermodal authority revenue, including federal, state and local money to make
 44    grants and loans or to otherwise provide financial and other support to a pri-
 45    vate  intermodal authority, including corporations and business entities oper-
 46    ating under the provisions of Idaho law. The credit of the  state,  county  or
 47    municipal  governments  or their agencies or authorities may not be pledged to
 48    provide financial support to the intermodal authority.
                                                                        
 49        70-2212.  DEBT SERVICE FUND. An intermodal authority  may  create  a  debt
 50    service  fund  and accumulate therein  a sum determined by the governing body,
 51    together with interest thereon, for the use, repairs, maintenance, and capital
 52    outlays of a county-based intermodal commerce authority.
                                                                        
 53        70-2213.  FEDERAL, STATE AND LOCAL  MONEY.  An  intermodal  authority  may
                                                                        
                                           6
                                                                        
  1    accept,  receive,  receipt  for,  and spend federal, state and local money and
  2    other public or private money made available by grant, loan  or  appropriation
  3    to  accomplish any of the purposes of this chapter and according to conditions
  4    of the grant, loan or appropriation. All federal  money  accepted  under  this
  5    section  must be accepted and spent by the authority upon terms and conditions
  6    prescribed by the United States and consistent with state law. All state money
  7    accepted under this section must be  accepted  and  spent  by  the  intermodal
  8    authority  upon terms and conditions prescribed by the state. All county money
  9    accepted under this section must be  accepted  and  spent  by  the  intermodal
 10    authority upon terms and conditions prescribed by the governing county.
                                                                        
 11        70-2214.  TAX  EXEMPTION.  Any  property  in  this  state  acquired  by an
 12    intermodal authority for purposes pursuant to the provisions of this  chapter,
 13    and  any income derived by the intermodal authority from the ownership, opera-
 14    tion, or control thereof, including property acquired and income derived  from
 15    organizations,  including corporations operating under the laws of this state,
 16    are exempt from taxation to the same extent as other property used for  public
 17    purposes.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Moyle               
                                                                        
                                                     Seconded by Crow                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1439
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, delete lines 37  through  52;  on  page  3,
  3    delete lines 1 through 9 and insert:
  4        "70-2205.  COOPERATION  OF  COUNTY.  For the purpose of cooperating in the
  5    planning, establishment, construction or operation of an intermodal  authority
  6    or  any  of  its  facilities,  any governing body of the respective county for
  7    which an intermodal authority has been created may:
  8        (1)  Dedicate, sell, convey or lease any of its interest in  any  property
  9    or  facility  or  grant easements, licenses, or any other rights or privileges
 10    therein to the intermodal authority;
 11        (2)  Cooperate with  the  intermodal  authority  in  the  planning  of  an
 12    intermodal authority and its facilities; and
 13        (3)  Enter into agreements with the intermodal authority respecting action
 14    to be taken by the county pursuant to the provisions of this section.";
 15    also  on  page  3,  in line 12, delete ", but not limited to"; delete lines 13
 16    through 15; in line 16, delete "(2)" and insert: "(1)";  in  line  18,  delete
 17    "(3)"  and  insert: "(2)"; in line 19, delete "(4)" and insert: "(3)"; in line
 18    20, delete "(5)" and insert: "(4)"; in  line  22,  delete  "(6)"  and  insert:
 19    "(5)";  in  line  26, delete "(7)" and insert: "(6)"; in line 31, delete "(8)"
 20    and insert: "(7)"; and in line 34, delete "(9)" and insert: "(8)".
 21        On page 5, in line 10,  delete "may" and insert: "shall"; in line 15, fol-
 22    lowing "able." insert: "In no circumstance shall the bonds be payable  with  a
 23    property tax."; and on page 6, delete lines 11 through 17.
                                                                        
 24                                 CORRECTIONS TO TITLE
 25        On  page  1, in line 11, delete "FUND," and insert: "FUND AND"; and delete
 26    lines 12 and 13 and insert: "BLE TO FEDERAL, STATE AND LOCAL MONEY.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1439, As Amended in the House
                                                                        
                                 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 AND TO SET FORTH PROVISIONS APPLI-
 12        CABLE TO FEDERAL, STATE AND LOCAL MONEY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Title 70, Idaho Code, be, and the same is hereby  amended
 15    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 16    ter 22, Title 70, Idaho Code, and to read as follows:
                                                                        
 17                                      CHAPTER 22
 18                      COUNTY-BASED INTERMODAL COMMERCE AUTHORITY
                                                                        
 19        70-2201.  COUNTY-BASED  INTERMODAL  COMMERCE  AUTHORITY  AUTHORIZED.   The
 20    county-based  intermodal  commerce  authority,  hereinafter referred to as the
 21    intermodal authority, is hereby authorized to  acquire,  construct,  maintain,
 22    operate, develop and regulate rail, truck, and other on-land transfer and ter-
 23    minal facilities, buildings, warehouses and storage facilities, manufacturing,
 24    industrial  and economic development facilities and services, reasonably inci-
 25    dent to a modern, efficient and competitive land-based port, and may be estab-
 26    lished according to this chapter in any county.
                                                                        
 27        70-2202.  PURPOSE -- PUBLIC AND GOVERNMENT FUNCTIONS. The  purposes  of  a
 28    county-based intermodal authority are to:
 29        (1)  Promote,  stimulate  and  advance the commerce, economic development,
 30    and prosperity of its jurisdiction and of the state;
 31        (2)  Endeavor to increase the volume of commerce within  the  jurisdiction
 32    of  the county-based intermodal commerce authority through planning, advertis-
 33    ing, acquisition, establishment, development, construction, improvement, main-
 34    tenance, operation, regulation, and protection of transportation, storage, and
 35    other facilities that promote economic handling of commerce;
 36        (3)  Cooperate and act in conjunction  with  other  organizations,  either
 37    public  or  private,  in the development of commerce, industry, manufacturing,
 38    services, natural resources, agriculture,  livestock,  recreation,  and  other
 39    economic activity in the state; and
 40        (4)  Support  the creation, expansion, modernization, retention, and relo-
 41    cation of new and existing businesses and industries, and assist in  and  sup-
                                                                        
                                           2
                                                                        
  1    port  the  growth  of all kinds of economic activity that will tend to promote
  2    commerce and business development, maintain the economic stability  and  pros-
  3    perity of its jurisdiction and of the state.
                                                                        
  4        70-2203.  ESTABLISHMENT  AND ABOLISHMENT. Any county, hereinafter referred
  5    to as a governing body, may, after a public hearing, by  resolution  or  ordi-
  6    nance  of  its governing body, create a public body, corporate and politic, to
  7    be known as a local county-based intermodal  commerce  authority.  Any  county
  8    after establishment of an intermodal authority may, after a public hearing, by
  9    resolution  or  ordinance abolish the county-based intermodal commerce author-
 10    ity. A county-based intermodal commerce authority shall be authorized to exer-
 11    cise its functions upon the appointment and qualification of the first commis-
 12    sioners thereof. The resolution  or  ordinance  creating  an  authority  shall
 13    include  provisions  for  governance  and  how the authority shall conduct its
 14    affairs. The board of directors shall consist of no less than three  (3)  mem-
 15    bers.
                                                                        
 16        70-2204.  COMMISSIONERS.  (1)  The  powers of each authority are vested in
 17    the commissioners thereof. The resolution or ordinance creating  an  authority
 18    shall  include  provisions for establishing a commission to govern the affairs
 19    of the authority, to define what constitutes a quorum of the commission, terms
 20    of commissioners, procedures for appointment, reappointment, and vacancies.  A
 21    majority  of  the  commissioners  of an authority constitutes a quorum for the
 22    purpose of conducting business of the authority and exercising its powers  for
 23    all  other  purposes.  Action  may be taken by the intermodal authority upon a
 24    vote of not less than a majority of the commissioners present.
 25        (2)  Each local county-based intermodal commerce authority  must  elect  a
 26    chairman  and  vice-chairman  from  among  the commissioners at a time and for
 27    terms as set out in the respective resolution or ordinance.
 28        (3)  An intermodal authority may employ such other officers,  agents,  and
 29    employees,  permanent  or  temporary,  as  it may require. Commissioners shall
 30    determine necessary qualifications,  duties  and  compensation  for  officers,
 31    agents  and employees. An intermodal authority may delegate to one (1) or more
 32    of its agents or employees such powers or duties as it considers proper.
 33        (4)  A commissioner of an intermodal  authority  is  entitled  to  receive
 34    reimbursement  for  expenses for travel and the discharge of his or her duties
 35    according to the policies of the governing body.
                                                                        
 36        70-2205.  COOPERATION OF COUNTY. For the purpose  of  cooperating  in  the
 37    planning,  establishment, construction or operation of an intermodal authority
 38    or any of its facilities, any governing body  of  the  respective  county  for
 39    which an intermodal authority has been created may:
 40        (1)  Dedicate,  sell,  convey or lease any of its interest in any property
 41    or facility or grant easements, licenses, or any other  rights  or  privileges
 42    therein to the intermodal authority;
 43        (2)  Cooperate  with  the  intermodal  authority  in  the  planning  of an
 44    intermodal authority and its facilities; and
 45        (3)  Enter into agreements with the intermodal authority respecting action
 46    to be taken by the county pursuant to the provisions of this section.
                                                                        
 47        70-2206.  GENERAL POWERS OF A COUNTY-BASED INTERMODAL COMMERCE  AUTHORITY.
 48    An  intermodal  authority shall have the powers provided to it by a local gov-
 49    erning body including:
 50        (1)  Have perpetual succession unless abolished as provided in this  chap-
 51    ter;
                                                                        
                                           3
                                                                        
  1        (2)  Sue and be sued;
  2        (3)  Have a seal;
  3        (4)  Execute  contracts  and  other instruments and take other action that
  4    may be necessary or convenient to carry out the purposes of this chapter;
  5        (5)  Plan, establish,  acquire,  develop,  construct,  purchase,  enlarge,
  6    improve,  modify,  maintain,  equip, operate, regulate and protect transporta-
  7    tion, storage, or other facilities or other  personal  property  necessary  or
  8    convenient to carry out the purposes of this chapter;
  9        (6)  Acquire any land or interest in land. All land and other property and
 10    privileges  acquired and used by or on behalf of any intermodal authority must
 11    be used for intermodal authority purposes. As specified  in  this  chapter,  a
 12    port  authority  may  pledge,  lease, sell, or mortgage all or any part of its
 13    facilities to secure bonds;
 14        (7)  Recommend to the local governing body that created it,  comprehensive
 15    county-based  intermodal  commerce  authority zoning regulations in accordance
 16    with the laws of this state and the governing body; and
 17        (8)  Provide financial and other support to corporations or other business
 18    entities or organizations under the provisions of Idaho law, whose purpose  is
 19    to  promote, stimulate, develop and advance the economic development and pros-
 20    perity of its jurisdiction and of the state and its citizens  by  stimulating,
 21    assisting  in,  and  supporting  the growth of all kinds of economic activity,
 22    including the creation, expansion, modernization, retention, and relocation of
 23    new and existing businesses and industry in the state, all of which will  tend
 24    to  promote business development, maintain the economic stability and prosper-
 25    ity of the state, and thus provide maximum opportunities  for  employment  and
 26    improvement in the standards of living of citizens of the state.
                                                                        
 27        70-2207.  RULES,  POLICIES  AND ORDERS. An intermodal authority may adopt,
 28    amend, and repeal such reasonable rules, policies and orders as  it  considers
 29    necessary  for  its  own administration, management, and governance as well as
 30    for the management, governance, and use of  any  transportation,  storage,  or
 31    other  facility  owned  by  it or under its control. No rule, policy, order or
 32    standard prescribed by the intermodal authority may be  inconsistent  with  or
 33    contrary  to  any  act  of the congress of the United States or any law, rule,
 34    ordinance or resolution of the state of Idaho or the local governing body cre-
 35    ating the intermodal authority.  The intermodal authority shall keep  on  file
 36    at  the  principal office of the intermodal authority a copy of all its rules,
 37    policies and orders for public inspection.
                                                                        
 38        70-2208.  SUPPLEMENTARY POWERS. In addition to  the  general  and  special
 39    powers  conferred  by this chapter, each intermodal authority may exercise all
 40    powers delegated to it by the governing body creating it and powers incidental
 41    to the exercise of such general and special powers contained herein.
                                                                        
 42        70-2209.  GRANTING OF OPERATION AND USE PRIVILEGES. In connection with the
 43    operation of transportation, storage, or other facilities owned or  controlled
 44    by an intermodal authority, the intermodal authority may:
 45        (1)  Enter into contracts, leases, and other arrangements for terms not to
 46    exceed thirty (30) years:
 47        (a)  Granting the privilege of using or improving the intermodal authority
 48        facility  or  any portion or facility thereof or space therein for commer-
 49        cial purposes;
 50        (b)  Conferring the privilege of supplying goods, commodities, services or
 51        facilities at the intermodal authority facility; and
 52        (c)  Making available services to be furnished by the intermodal authority
                                                                        
                                           4
                                                                        
  1        or its agents at the transportation, storage or other facility; and
  2        (2)  Establish the terms and conditions and fix the  charges,  rentals  or
  3    fees  for the privileges or services, which must be reasonable and uniform for
  4    the same class of privilege or service and must be established with due regard
  5    to the property and improvements used and the expenses  of  operation  to  the
  6    authority.
                                                                        
  7        70-2210.  PROPERTY  -- DISPOSAL. Except as may be limited by the terms and
  8    conditions of any grant, loan or agreement  entered  into  by  the  intermodal
  9    authority, an intermodal authority may sell, lease or otherwise dispose of any
 10    transportation,  storage  or other facility or other property or portion of or
 11    interest in the intermodal authority's facility or property acquired  pursuant
 12    to  this  chapter. The disposal by sale, lease, or otherwise must be in accor-
 13    dance with the laws of this state and the governing body governing the  dispo-
 14    sition  of other public property, unless a sale, lease, mortgage or other dis-
 15    position is made under this chapter to secure bonds of the intermodal  author-
 16    ity.
                                                                        
 17        70-2211.  BONDS  AND  OBLIGATIONS. (1) Except for providing financial sup-
 18    port to a private organization, including a  business  operating  under  Idaho
 19    law,  whose purpose is to advance the economic development of its jurisdiction
 20    and of the state and its citizens, an intermodal authority  may  borrow  money
 21    for any of its lawful purposes. For the purposes of sections 3 and 3B, article
 22    VIII of the constitution of the state of Idaho, the local intermodal authority
 23    shall  be deemed and considered to be a port district. The bonds may be issued
 24    according to processes and in the form and upon terms as it determines  pursu-
 25    ant  to  section  3B,  article VIII of the constitution of the state of Idaho.
 26    Bonds shall be payable out of any revenue of the intermodal authority, includ-
 27    ing revenue derived from:
 28        (a)  Any transportation, storage or other facility;
 29        (b)  Grants or appropriations from federal, state or local governments; or
 30        (c)  Other sources.
 31        (2)  The bonds may be issued by resolution  of  the  intermodal  authority
 32    pursuant  to  section  3B,  article  VIII  of the constitution of the state of
 33    Idaho, without any limitation of amount, except that bonds may not  be  issued
 34    at any time if the total amount of principal and interest to become due in any
 35    year on the bonds and on any then outstanding bonds for which revenue from the
 36    same  source  is  pledged exceeds the amount of revenue to be received in that
 37    year, as estimated in the intermodal authority order authorizing the  issuance
 38    of  the  bonds.  The  intermodal authority shall take all action necessary and
 39    possible to impose, maintain, and collect rates, charges  and  rentals  suffi-
 40    cient  to make the revenue from the pledged source in such year at least equal
 41    to the amount of principal and interest due in that year.
 42        (3)  The bonds may be sold at public or private sale and shall bear inter-
 43    est at such rate or rates as the  issuing  intermodal  authority  respectively
 44    shall  determine.  Except  as  otherwise  provided  in this chapter, any bonds
 45    issued pursuant to this chapter by an intermodal authority shall be payable as
 46    to principal and interest solely from revenue of the intermodal  authority  or
 47    from  particular transportation, storage or other facilities of the intermodal
 48    authority. The bonds must state on their face the  applicable  limitations  or
 49    restrictions  regarding  the source from which principal and interest are pay-
 50    able. In no circumstance shall the bonds be payable with a property tax.
 51        (4)  Bonds issued by an intermodal authority pursuant to the provisions of
 52    this chapter are declared to be issued for an essential public and  governmen-
 53    tal purpose.
                                                                        
                                           5
                                                                        
  1        (5)  For the security of bonds, the intermodal authority may by resolution
  2    make  and enter into any covenant, agreement or indenture and may exercise any
  3    additional powers authorized by a county. The sums required from time to  time
  4    to  pay  principal  and  interest and to create and maintain a reserve for the
  5    bonds may be paid from any revenue referred to in this chapter, prior  to  the
  6    payment  of  current  costs of operation and maintenance of the facilities. As
  7    further security for the bonds, the intermodal authority, with the approval of
  8    the governing body of the county  that  created  the  authority,  may  pledge,
  9    lease,  sell,  mortgage, or grant a security interest in all or any portion of
 10    its land-based port, transportation, storage or other facilities,  whether  or
 11    not  the  facilities  are  financed by the bonds. The instrument effecting the
 12    pledge, lease, sale, mortgage, or security interest may contain any agreements
 13    and provisions customarily contained in instruments  securing  bonds,  as  the
 14    commissioners  of  the intermodal authority consider advisable. The provisions
 15    must be consistent with this chapter and are subject to and must be in  accor-
 16    dance with the laws of this state governing mortgages, trust indentures, secu-
 17    rity  agreements, or instruments. The instrument may provide that in the event
 18    of a default in the payment of principal or interest on the bonds  or  in  the
 19    performance  of  any  agreement  contained  in the proceedings authorizing the
 20    bonds or instrument, the  payment  or  performance  may  be  enforced  by  the
 21    appointment  of  a receiver in equity. The receiver may collect charges, rents
 22    or fees and may apply the revenue from the mortgaged property or collateral in
 23    accordance with the provisions of the instrument.
 24        (6)  Nothing in this  section  may  be  construed  to  limit  the  use  of
 25    intermodal authority revenue, including federal, state and local money to make
 26    grants and loans or to otherwise provide financial and other support to a pri-
 27    vate  intermodal authority, including corporations and business entities oper-
 28    ating under the provisions of Idaho law. The credit of the  state,  county  or
 29    municipal  governments  or their agencies or authorities may not be pledged to
 30    provide financial support to the intermodal authority.
                                                                        
 31        70-2212.  DEBT SERVICE FUND. An intermodal authority  may  create  a  debt
 32    service  fund  and accumulate therein  a sum determined by the governing body,
 33    together with interest thereon, for the use, repairs, maintenance, and capital
 34    outlays of a county-based intermodal commerce authority.
                                                                        
 35        70-2213.  FEDERAL, STATE AND LOCAL  MONEY.  An  intermodal  authority  may
 36    accept,  receive,  receipt  for,  and spend federal, state and local money and
 37    other public or private money made available by grant, loan  or  appropriation
 38    to  accomplish any of the purposes of this chapter and according to conditions
 39    of the grant, loan or appropriation. All federal  money  accepted  under  this
 40    section  must be accepted and spent by the authority upon terms and conditions
 41    prescribed by the United States and consistent with state law. All state money
 42    accepted under this section must be  accepted  and  spent  by  the  intermodal
 43    authority  upon terms and conditions prescribed by the state. All county money
 44    accepted under this section must be  accepted  and  spent  by  the  intermodal
 45    authority upon terms and conditions prescribed by the governing county.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 14220

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 3B 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 1439