Idaho Eagle Forum      

Intermodal Commerce Zones

 

An Intermodal Commerce zone - aka 'Free Enterprise Zones", are bounded areas that have a governing authority with the power to make rules regarding which businesses can locate within them.  They come with significant advantages including tax incentives to get businesses to want to move into them.  This is way to control business activity within a community.  The central planners determine where they want businesses to locate - and they designate an Intermodal Commerce Zone. 

In Idaho, the legislation necessary to authorize Intermodal Commerce Zones began in 2004. 

S 1439   COUNTY-BASED INTERMODAL COMMERCE AUTHORITIES
Sp signed - To Governor Effective: 07/01/04
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.
 

Statement of Purpose

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.

 

 
 

S 1384 - COUNTY-BASED INTERMODAL COMMERCE AUTHORITIES
02/24    Rpt prt - to Loc Gov
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.
 
 
                                                            Statement of Purpose

This proposal creates a new section 70-2201, authorizing creation of a county-based intermodal commerce authority. The local commerce authority shall not have taxing authority, and is designed to create, stimulate and advance commerce, economic development in the local jurisdiction, and for all Idaho. Any board of county commissioners may create or abolish the intermodal commerce authority. A board of local intermodal
authority commissioners appointed by the respective county commissioners shall serve as the management team. A county-based intermodal commerce authority may acquire assets and revenue from loans or it may issue and secure bonds according to article VIII, section 3E of the Idaho Constitution, but only to the limit of
assets held by the intermodal authority and other revenue generated by economic operations of the authority. The authority is empowered to receive federal, state or local money including gifts, grants, direct appropriations, and to enter into contracts, acquire, hold and lease property only for purposes of promoting local and statewide economic growth and commerce, maintaining facilities for commerce, commodity shipping, transportation transfer, and storage.

 

 
  TITLE  70
 WATERCOURSES AND PORT DISTRICTS
CHAPTER 22
COUNTY-BASED INTERMODAL COMMERCE AUTHORITY
 
 
 

70-2201.  COUNTY-BASED INTERMODAL COMMERCE AUTHORITY AUTHORIZED. The county-based intermodal commerce authority, hereinafter referred to as the intermodal authority, is hereby authorized to acquire, construct, maintain, operate, develop and regulate rail, truck, and other on-land transfer and
terminal facilities, buildings, warehouses and storage facilities, manufacturing, industrial and economic development facilities and services, reasonably incident to a modern, efficient and competitive land-based port, and may be established according to this chapter in any county
.

Title 70, Chapter 22 Table of Contents - all related to Intermodal Commerce Authority

 
  H 590 - COUNTY-BASED INTERMODAL COMMERCE AUTHORITY
Governor signed - Effective: 07/01/06
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.

Statement of Purpose

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.

 
  H408 - EMINENT DOMAIN
01/19    Rpt prt - to St Aff
AN ACT
 
 

  2    RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO  CODE,  BY  THE
  3        ADDITION OF A NEW SECTION 7-701A, IDAHO CODE, TO PROVIDE THAT THE RIGHT OF
  4        EMINENT DOMAIN MAY BE EXERCISED ON BEHALF OF A PUBLIC USE, TO PROVIDE THAT
  5        CONVEYANCE  OF A CONDEMNED PROPERTY OR AN INTEREST IN A CONDEMNED PROPERTY
  6        TO A PRIVATE PARTY SHALL NOT BE A PUBLIC USE AND TO  PROVIDE  APPLICATION;
  7        AMENDING  SECTION  50-2018,  IDAHO  CODE,  TO  FURTHER  DEFINE  THE  TERMS
  8        "DETERIORATED AREA" AND "DETERIORATING AREA" AND TO MAKE TECHNICAL CORREC-
  9        TIONS; AMENDING CHAPTER 20, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW

 10        SECTION  50-2002A,  IDAHO  CODE,  TO PROVIDE PROCEDURES FOR ACQUISITION OF
 11        PROPERTY WITHIN A DETERIORATED AREA; AMENDING CHAPTER 29, TITLE 50,  IDAHO
 12        CODE,  BY  THE  ADDITION OF A NEW SECTION 50-2902A, IDAHO CODE, TO PROVIDE
 13        FOR ACQUISITION OF PROPERTY LOCATED WITHIN ADJOINING AREAS; AMENDING  SEC-
 14        TION  50-2903, IDAHO CODE, TO FURTHER DEFINE THE TERM "DETERIORATED AREA";
 15        AMENDING SECTION 70-2206, IDAHO CODE, TO LIMIT EMINENT DOMAIN POWERS OF  A
 16        COUNTY-BASED  INTERMODAL COMMERCE AUTHORITY; AND AMENDING SECTION 70-2208,
 17        IDAHO CODE, TO PROVIDE THAT NO GOVERNING BODY SHALL DELEGATE THE POWER  OF
 18        EMINENT  DOMAIN TO  AN INTERMODAL COMMERCE AUTHORITY NOR SHALL A GOVERNING
 19        BODY EXERCISE THE POWER OF EMINENT DOMAIN ON BEHALF OF ANY INTERMODAL COM-
 20        MERCE  AUTHORITY ON BEHALF  OF  ANY  PROJECT  OF  AN  INTERMODAL  COMMERCE
 21        AUTHORITY.

Statement of Purpose

This legislation adds a new Section 7-701A, Idaho Code, to provide that the right of eminent domain may be exercised on behalf of a public use, to provide that conveyance of a condemned property or an interest in a condemned property to a private party shall not be a public use and to provide application. Sections 50-2018 and 50-2903, Idaho Code, are amended to further define the terms "deteriorated area" and "deteriorating area" and make technical corrections.
    
This legislation provides procedures for acquisition of property within a deteriorated area; provides for acquisition of property located within adjoining areas; limits eminent domain powers of a county-based intermodal commerce authority; and provides that no governing body shall delegate the power of
eminent domain to an intermodal commerce authority nor shall a governing body exercise the power of eminent domain on behalf of any intermodal commerce authority on behalf of any project of an
intermodal commerce authority.