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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 - 2006IN 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-20lic hearing, by resolution or ordinance of its governing body, createan 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 an23intermodal authority may, after a public hearing, by resolution or ordinance24abolish the county-based intermodal commerce authority. A county-based25intermodal commerce authority shall be authorized to exercise its functions26upon the appointment and qualification of the first commissioners thereof. The27resolution or ordinance creating an authority shall include provisions for28governance and how the authority shall conduct its affairs. The board of29directors 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 ordinancecreating ansetting 10 forth the findings as provided in section 70-2203(2), Idaho Code, shall create 11 the authority and shall include provisions forestablishing a commission to12govern the affairs of the authority, to define what constitutes a quorum of13the commission, terms of commissioners, procedures for appointment, reappoint-14ment, and vacanciesappointing 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 thelocal governing bodycounty 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 with7the laws of this state and the governing body governing the disposition of8other public property, unless a sale, lease, mortgage or other disposition is9made 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-20port to a private organization, including a business operating under Idaho21law, whose purpose is to advance the economic development of its jurisdiction22and of the state and its citizens, anAn intermodal authority may borrow money 23 for any of its lawful purposes. For the purposes of sections 3 and 3B, article24VIII of the constitution of the state of Idaho, the local intermodal authority25shall be deemed and considered to be a port district. The bonds may be issued26according to processes and in the form and upon terms as it determines pursu-27ant to section 3B, article VIII of the constitution of the state of Idahoand 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 36pursuant to section 3B, article VIII of the constitution of the state of37Idaho,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