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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
]]]] 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.
]]]] 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.".
]]]] 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
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