View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0590......................................................by STATE AFFAIRS
COUNTY-BASED INTERMODAL COMMERCE AUTHORITY - Amends existing law relating
to county-based intermodal commerce authorities to revise provisions
applicable to the establishment and abolishment of an authority; to revise
provisions applicable to authority commissioners; to revise the powers of a
governing body of a county for which an intermodal authority has been
created; to provide that certain actions may be taken by a public body
after a hearing; to revise the general powers of a county-based intermodal
commerce authority; to revise provisions applicable to property and
disposal of property of an intermodal authority; and to revise provisions
applicable to bonds and obligations.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 61-2-7
AYES -- Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Hart, Harwood, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch,
Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,
Wood, Mr. Speaker
NAYS -- Barrett, McKague
Absent and excused -- Anderson, Bayer, Brackett, Crow, Henbest,
Roberts, Trail
Floor Sponsor - Stevenson
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Loc Gov
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Cameron
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/15 Governor signed
Session Law Chapter 75
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 590
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO COUNTY-BASED INTERMODAL COMMERCE AUTHORITIES; AMENDING SECTION
3 70-2203, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE ESTABLISHMENT
4 AND ABOLISHMENT OF AN AUTHORITY; AMENDING SECTION 70-2204, IDAHO CODE, TO
5 REVISE PROVISIONS APPLICABLE TO AUTHORITY COMMISSIONERS; AMENDING SECTION
6 70-2205, IDAHO CODE, TO REVISE THE POWERS OF A GOVERNING BODY OF A COUNTY
7 FOR WHICH AN INTERMODAL AUTHORITY HAS BEEN CREATED AND TO PROVIDE THAT
8 CERTAIN ACTIONS MAY BE TAKEN BY A PUBLIC BODY AFTER A HEARING; AMENDING
9 SECTION 70-2206, IDAHO CODE, TO REVISE THE GENERAL POWERS OF A COUNTY-
10 BASED INTERMODAL COMMERCE AUTHORITY AND TO REVISE TERMINOLOGY; AMENDING
11 SECTION 70-2210, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO PROPERTY
12 AND DISPOSAL OF PROPERTY OF AN INTERMODAL AUTHORITY; AND AMENDING SECTION
13 70-2211, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO BONDS AND OBLIGA-
14 TIONS.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 70-2203, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 70-2203. ESTABLISHMENT AND ABOLISHMENT. Any (1) There is hereby created
19 in each county, hereinafter referred to as a governing body, may, after a pub-
20 lic hearing, by resolution or ordinance of its governing body, create an inde-
21 pendent public body, corporate and politic, to be known as a local county-
22 based intermodal commerce authority. Any county after establishment of an
23 intermodal authority may, after a public hearing, by resolution or ordinance
24 abolish the county-based intermodal commerce authority. A county-based
25 intermodal commerce authority shall be authorized to exercise its functions
26 upon the appointment and qualification of the first commissioners thereof. The
27 resolution or ordinance creating an authority shall include provisions for
28 governance and how the authority shall conduct its affairs. The board of
29 directors shall consist of no less than three (3) members.
30 (2) No intermodal commerce authority and no county shall exercise the
31 authority hereafter conferred by this chapter until after the county commis-
32 sioners, after a public hearing, have adopted a resolution finding that:
33 (a) There are conditions in the county which will be benefited by the
34 intermodal commerce authority to further the purposes set forth in section
35 70-2202, Idaho Code; and
36 (b) The county commissioners have reason to believe that the citizens of
37 the county are supportive of the intermodal commerce authority.
38 (3) Upon the county making the findings set forth in subsection (2) of
39 this section, the intermodal commerce authority is authorized to transact the
40 business and exercise the powers hereunder by a board of commissioners to be
41 appointed or designated as provided in section 70-2204, Idaho Code.
42 (4) After the establishment of an intermodal authority, any county may by
43 resolution or ordinance, after a public hearing, abolish the county-based
2
1 intermodal commerce authority provided that the payment of any bonds or other
2 obligations of the authority shall not be adversely affected by such action.
3 (5) Notwithstanding any other provision of this section to the contrary,
4 any county-based intermodal authority existing as of July 1, 2006, is hereby
5 validated.
6 SECTION 2. That Section 70-2204, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 70-2204. COMMISSIONERS. (1) The powers of each authority are vested in
9 the commissioners thereof. The resolution or ordinance creating an setting
10 forth the findings as provided in section 70-2203(2), Idaho Code, shall create
11 the authority and shall include provisions for establishing a commission to
12 govern the affairs of the authority, to define what constitutes a quorum of
13 the commission, terms of commissioners, procedures for appointment, reappoint-
14 ment, and vacancies appointing a board of not fewer than three (3) commission-
15 ers for the authority to staggered terms and requiring bylaws for governance
16 of the authority. A majority of the commissioners of an authority constitutes
17 a quorum for the purpose of conducting business of the authority and exercis-
18 ing its powers for all other purposes. Action may be taken by the intermodal
19 authority upon a vote of not less than a majority of the commissioners present
20 for a meeting of the authority.
21 (2) Each local county-based intermodal commerce authority must elect a
22 chairman and vice-chairman from among the commissioners at a time and for
23 terms as set out in the respective resolution or ordinance.
24 (3) An intermodal authority may employ such other officers, agents, and
25 employees, permanent or temporary, as it may require. Commissioners shall
26 determine necessary qualifications, duties and compensation for officers,
27 agents and employees. An intermodal authority may delegate to one (1) or more
28 of its agents or employees such powers or duties as it considers proper.
29 (4) A commissioner of an intermodal authority is entitled to receive
30 reimbursement for expenses for travel and the discharge of his or her duties
31 according to the policies of the governing body.
32 (5) For inefficiency or neglect of duty or misconduct in office, a com-
33 missioner may be removed only after a hearing and after such commissioner has
34 been given a copy of the charges at least ten (10) days prior to such hearing
35 and has had the opportunity to be heard in person or by counsel.
36 (6) Each commissioner shall hold office until his successor has been
37 appointed and has qualified. A certificate of the appointment or reappointment
38 of any commissioner shall be filed with the clerk of the county and such cer-
39 tificate shall be conclusive evidence of the due and proper appointment of
40 such commissioner.
41 SECTION 3. That Section 70-2205, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 70-2205. COOPERATION OF COUNTY. (1) For the purpose of cooperating in the
44 planning, establishment, construction or operation of an intermodal authority
45 or any of its facilities, any governing body of the respective county for
46 which an intermodal authority has been created may, upon such terms, with or
47 without consideration, as it may determine:
48 (1a) Dedicate, sell, convey or lease any of its interest in any property
49 or facility or grant easements, licenses, or any other rights or privi-
50 leges therein to the intermodal authority;
51 (2b) Cooperate with the intermodal authority in the planning of an
3
1 intermodal authority and its facilities; and
2 (3c) Enter into agreements with the intermodal authority respecting
3 action to be taken by the county pursuant to the provisions of this sec-
4 tion.
5 (2) After a public hearing, any sale, conveyance, lease or agreement pro-
6 vided for in this section may be made by a public body.
7 SECTION 4. That Section 70-2206, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 70-2206. GENERAL POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY.
10 An intermodal authority shall have the powers provided to it by a local gov-
11 erning body including:
12 (1) Have perpetual succession unless abolished as provided in this chap-
13 ter;
14 (2) Sue and be sued;
15 (3) Have a seal;
16 (4) Execute contracts and other instruments and take other action that
17 may be necessary or convenient to carry out the purposes of this chapter;
18 (5) Plan, establish, acquire, develop, construct, purchase, enlarge,
19 improve, modify, maintain, equip, operate, regulate and protect transporta-
20 tion, storage, or other facilities or other personal property necessary or
21 convenient to carry out the purposes of this chapter;
22 (6) Acquire any land or interest in land. All land and other property and
23 privileges acquired and used by or on behalf of any intermodal authority must
24 be used for intermodal authority purposes. The property of an intermodal
25 authority acquired or held for the purposes of this chapter is declared to be
26 public property used for essential public and governmental purposes and,
27 effective the date an intermodal authority acquires title to such property, it
28 shall be exempt from all taxes of the municipality, the county, the state or
29 any political subdivision thereof; provided, that such tax exemption shall
30 terminate when the authority sells or otherwise disposes of such property for
31 development to a purchaser that is not a public body entitled to tax exemption
32 with respect to such property. As specified in this chapter, a port authority
33 may pledge, lease, sell, or mortgage all or any part of its facilities to
34 secure bonds or for other financing purposes;
35 (7) Recommend to the local governing body county that created it, compre-
36 hensive county-based intermodal commerce authority zoning regulations in
37 accordance with the laws of this state and the governing body; and
38 (8) Provide financial and other support to corporations or other business
39 entities or organizations under the provisions of Idaho law, whose purpose is
40 to promote, stimulate, develop and advance the economic development and pros-
41 perity of its jurisdiction and of the state and its citizens by stimulating,
42 assisting in, and supporting the growth of all kinds of economic activity,
43 including the creation, expansion, modernization, retention, and relocation of
44 new and existing businesses and industry in the state, all of which will tend
45 to promote business development, maintain the economic stability and prosper-
46 ity of the state, and thus provide maximum opportunities for employment and
47 improvement in the standards of living of citizens of the state.
48 SECTION 5. That Section 70-2210, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 70-2210. PROPERTY -- DISPOSAL. (1) Except as may be limited by the terms
51 and conditions of any grant, loan or agreement entered into by the intermodal
4
1 authority, notwithstanding the provisions in title 31, Idaho Code, an
2 intermodal authority may, after a public hearing, sell, lease with a provision
3 containing the right to transfer title or otherwise dispose of any transporta-
4 tion, storage or other facility or other property or portion of or interest in
5 the intermodal authority's facility or property acquired pursuant to this
6 chapter. The disposal by sale, lease, or otherwise must be in accordance with
7 the laws of this state and the governing body governing the disposition of
8 other public property, unless a sale, lease, mortgage or other disposition is
9 made under this chapter to secure bonds of the intermodal authority.
10 (2) Notice of the public hearing shall be posted at least fourteen (14)
11 days prior to the date of the hearing in at least one (1) conspicuous place in
12 the county to be determined by the commissioners of the authority. A copy of
13 such notice shall also be published in a daily or weekly newspaper published
14 within such county in one (1) issue thereof at least fourteen (14) days prior
15 to the date of the hearing. The place, hour and day of such hearing shall be
16 specified in the notice.
17 SECTION 6. That Section 70-2211, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 70-2211. BONDS AND OBLIGATIONS. (1) Except for providing financial sup-
20 port to a private organization, including a business operating under Idaho
21 law, whose purpose is to advance the economic development of its jurisdiction
22 and of the state and its citizens, an An intermodal authority may borrow money
23 for any of its lawful purposes. For the purposes of sections 3 and 3B, article
24 VIII of the constitution of the state of Idaho, the local intermodal authority
25 shall be deemed and considered to be a port district. The bonds may be issued
26 according to processes and in the form and upon terms as it determines pursu-
27 ant to section 3B, article VIII of the constitution of the state of Idaho and
28 shall have the power to issue bonds from time to time in its discretion to
29 finance the undertaking of any project or purpose under this chapter. Bonds
30 shall be payable out of any revenue of the intermodal authority, including
31 revenue derived from:
32 (a) Any transportation, storage or other facility;
33 (b) Grants or appropriations from federal, state or local governments; or
34 (c) Other sources.
35 (2) The bonds may be issued by resolution of the intermodal authority
36 pursuant to section 3B, article VIII of the constitution of the state of
37 Idaho, without any limitation of amount, except that bonds may not be issued
38 at any time if the total amount of principal and interest to become due in any
39 year on the bonds and on any then outstanding bonds for which revenue from the
40 same source is pledged exceeds the amount of revenue to be received in that
41 year, as estimated in the intermodal authority order authorizing the issuance
42 of the bonds. The intermodal authority shall take all action necessary and
43 possible to impose, maintain, and collect rates, charges and rentals suffi-
44 cient to make the revenue from the pledged source in such year at least equal
45 to the amount of principal and interest due in that year.
46 (3) The bonds may be sold at public or private sale and shall bear inter-
47 est at such rate or rates as the issuing intermodal authority respectively
48 shall determine. Except as otherwise provided in this chapter, any bonds
49 issued pursuant to this chapter by an intermodal authority shall be payable as
50 to principal and interest solely from revenue of the intermodal authority or
51 from particular transportation, storage or other facilities of the intermodal
52 authority. The bonds must state on their face the applicable limitations or
53 restrictions regarding the source from which principal and interest are pay-
5
1 able. In no circumstance shall the bonds be payable with a property tax.
2 (4) Bonds issued by an intermodal authority pursuant to the provisions of
3 this chapter are declared to be issued for an essential public and governmen-
4 tal purpose and together with interest thereon and income therefrom, shall be
5 exempted from all state and local taxes.
6 (5) For the security of bonds, the intermodal authority may by resolution
7 make and enter into any covenant, agreement or indenture and may exercise any
8 additional powers authorized by a county. The sums required from time to time
9 to pay principal and interest and to create and maintain a reserve for the
10 bonds may be paid from any revenue referred to in this chapter, prior to the
11 payment of current costs of operation and maintenance of the facilities. As
12 further security for the bonds, the intermodal authority, with the approval of
13 the governing body of the county that created the authority, may pledge,
14 lease, sell, mortgage, or grant a security interest in all or any portion of
15 its land-based port, transportation, storage or other facilities, whether or
16 not the facilities are financed by the bonds. The instrument effecting the
17 pledge, lease, sale, mortgage, or security interest may contain any agreements
18 and provisions customarily contained in instruments securing bonds, as the
19 commissioners of the intermodal authority consider advisable. The provisions
20 must be consistent with this chapter and are subject to and must be in accor-
21 dance with the laws of this state governing mortgages, trust indentures, secu-
22 rity agreements, or instruments. The instrument may provide that in the event
23 of a default in the payment of principal or interest on the bonds or in the
24 performance of any agreement contained in the proceedings authorizing the
25 bonds or instrument, the payment or performance may be enforced by the
26 appointment of a receiver in equity. The receiver may collect charges, rents
27 or fees and may apply the revenue from the mortgaged property or collateral in
28 accordance with the provisions of the instrument.
29 (6) Nothing in this section may be construed to limit the use of
30 intermodal authority revenue, including federal, state and local money to make
31 grants and loans or to otherwise provide financial and other support to a pri-
32 vate intermodal authority, including corporations and business entities oper-
33 ating under the provisions of Idaho law. The credit of the state, county or
34 municipal governments or their agencies or authorities may not be pledged to
35 provide financial support to the intermodal authority.
STATEMENT OF PURPOSE
RS 15918
The purpose of this legislation is to amend Title 70, Chapter 29
authorizing the legislature to create an intermodal authority in
each county. This legislation requires passage of a county
ordinance by commissioners, after a public hearing, to exercise
the powers county commissioners grant to intermodals as set out
in this chapter.
The amendment makes clear that property held by an intermodal is
public property, is essential, and for public good and sets out
provisions of disposal of such property.
This legislation clarifies requirements for intermodal
commissioners to serve or be removed from office, and it further
amends current code establishing proper authority for issuance of
revenue bonds to support the intermodal commerce authority.
Lastly, the amendment specifies that property held by an
intermodal commerce authority, as an entity of the county, is tax
exempt.
FISCAL NOTE
There is no fiscal impact on the general fund.
Contact
Name: Speaker Bruce Newcomb
Representative John A. Stevenson
Representative Maxine Bell
Representative Scott Bedke
Senator Dean Cameron
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 590