reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1108 - DISTRICT FORMATION.

70-1108. DISTRICT FORMATION. Within five (5) days after such election the board of county commissioners shall canvass the returns; and, if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the board of county commissioners shall so declare in its canvass of the returns of such election, and such port district shall thereupon be and become a municipal corporation of the state of Idaho and the name of each port district shall be "Port of …." (inserting the name appearing on the ballot).
History:
[70-1108, added 1969, ch. 55, sec. 8, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1109 - ANNEXATION OF LAND TO DISTRICT — PETITIONS.

70-1109. ANNEXATION OF LAND TO DISTRICT — PETITIONS. The boundaries of any port district may be altered and new territory may be annexed thereto as provided in this act. Such enlarged port district may include land in one or more adjacent counties. Such territory to be annexed must be contiguous to the port district and in one (1) continuous tract, and the exterior lines thereof in all cases must follow precinct boundary lines of such county or counties, so that port districts shall include only whole voting precincts; elections to annex two (2) or more separate tracts of territory shall not be held at the same time. Such annexation may be made only upon the petition of at least ten per cent (10%) of the qualified voters of the area proposed to be annexed based upon the whole number of votes cast within the precincts included within said area proposed to be annexed, at the last preceding general election; such petition shall contain the name of the port district proposed to be enlarged, a description of the exterior boundaries of the territory to be annexed, and shall refer to this section of the act, and all persons signing such petition shall, in addition to signing their name thereon, write thereon their residence address. The petition shall be presented to the county clerk of the county or counties wherein the territory to be annexed lies.
History:
[70-1109, added 1969, ch. 55, sec. 9, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1110 - ANNEXATION — CERTIFICATION OF PETITION.

70-1110. ANNEXATION — CERTIFICATION OF PETITION. If the county clerk or clerks shall find the said petition to be in proper form, and to be signed by the proper number of qualified voters of such areas within their county, they shall so certify to the commissioners of their respective counties, and of the county in which the port district exists. The petition shall be certified at least sixty (60) days before the date of the election herein referred to; the procedure if such petition shall be found insufficient and for the amending thereof, shall be the same as herein provided for petitions for the formation of port districts.
History:
[70-1110, added 1969, ch. 55, sec. 10, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1111 - ANNEXATION — ELECTION.

70-1111. ANNEXATION — ELECTION. The commissioners of all counties involved, including the existing port district and the area to be annexed, shall submit the proposition to the voters of such area within their respective counties, at the next election held pursuant to section 34-106, Idaho Code. Except as in this section otherwise provided, the procedure for submitting the proposition shall be the same as herein provided for the original formation of a port district. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballots substantially in the following terms:
"Enlargement of Port of …., Yes." (Giving the name of the port district);
"Enlargement of Port of …., No." (Giving the name of said port district).
The said elections in the counties involved shall be held simultaneously.
History:
[70-1111, added 1969, ch. 55, sec. 11, p. 144; am. 1995, ch. 118, sec. 101, p. 509.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1112 - ANNEXATION — CANVASS AND DECLARATION OF ELECTION RESULTS.

70-1112. ANNEXATION — CANVASS AND DECLARATION OF ELECTION RESULTS. At the time provided by law for the canvass of the vote of the election, the board of county commissioners of each county in which either the existing port district, or the area proposed to be annexed, shall lie, shall canvass the returns of the area of its respective county and declare the results of such election in each county. The annexation shall be deemed approved only if a majority of the votes cast in the existing port district were in favor of the proposal and, in addition thereto, a majority of the votes cast in the area proposed to be annexed were in favor of the proposal.
History:
[70-1112, added 1969, ch. 55, sec. 12, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1113 - ANNEXATION — ENTRY OF ORDER — LIABILITIES FOR OUTSTANDING INDEBTEDNESS.

70-1113. ANNEXATION — ENTRY OF ORDER — LIABILITIES FOR OUTSTANDING INDEBTEDNESS. If a majority of votes cast in the port district and, in addition thereto, a majority of the votes cast in the area to be annexed, favor such annexation, the board of county commissioners in each county in which any such land shall lie, shall enter an order declaring such port district enlarged so as to embrace within the limits thereof the territory described in the petition for such election, and thereupon the boundaries of said port district shall be so enlarged and the port commissioners thereof shall have jurisdiction over the whole of said district as enlarged to the same extent, and with like power and authority, as though the additional territory had been originally embraced within the boundaries of the existing port district; provided, however, that none of the lands or property embraced within the territory added to and incorporated within such port district shall be liable to assessment for the payment of any outstanding bonds, warrants or other indebtedness of the preexisting port district so enlarged, but such outstanding bonds, warrants or other indebtedness together with interest thereon, shall be paid exclusively from assessments levied and collected on the lands and property embraced within the boundaries of the preexisting port district.
History:
[70-1113, added 1969, ch. 55, sec. 13, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 11 - PORT DISTRICTS — FORMATION — ANNEXATION — DISINCORPORATION › Section 70-1114 - DISINCORPORATION.

70-1114. DISINCORPORATION. (1) A port district may disincorporate after proceedings as required by this section. The port commission shall, upon receiving a petition for disincorporation signed by not less than twenty-five percent (25%) of the number of qualified electors casting votes at the last election of the port commissioners held therein, submit the question of whether such port district shall disincorporate to the electors of the port district. Such election shall be held in accordance with title 34, Idaho Code.
(2) In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms:
"Disincorporation of Port of …. Yes."
"Disincorporation of Port of …. No."
(Giving the name of the port district.)
(3) The votes shall be canvassed in the same manner as in other elections. If the canvass of votes shows that less than two-thirds (2/3) of the votes cast were in favor of disincorporation, the port commission shall declare the petition for disincorporation denied, in which event no other election shall be held on the question of disincorporating the port district until the expiration of two (2) years from the date of the election so held. If it is found by the canvass of votes that two-thirds (2/3) of all the votes cast were in favor of disincorporation, the port commission shall certify such election results to the boards of commissioners of the county or counties in which the port district is located.
(4) The board or boards of commissioners of the county or counties shall thereupon enter an order that the port district be disincorporated, said order to take effect at the end of the calendar year in which the election was held, but in no event less than thirty (30) days from the date of the holding of the election.
(5) All proceedings following entry of the order of disincorporation shall be conducted to the extent practicable in the same manner as is provided for the disincorporation of municipal corporations under sections 50-2206 through 50-2214, Idaho Code; provided that in no event shall disincorporation be effective until all indebtedness of the port district has been paid or duly provided for; and provided further, that no port district may incur new or additional indebtedness after an order for disincorporation has been entered.
History:
[70-1114, added 2003, ch. 353, sec. 2, p. 946.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1201 - COMMISSIONERS — COMMISSIONER DISTRICTS.

70-1201. COMMISSIONERS — COMMISSIONER DISTRICTS. The powers of the port district shall be exercised through a port commission consisting of three (3) members, one (1) from each of the three (3) county commissioner districts of the county in which the port district is located, when the boundaries of the port district are co-extensive with the boundaries of such county. When the port district comprises only a portion of a county, three (3) commissioner districts, numbered consecutively, having approximately equal population and with boundaries following county precinct lines, shall be described in the petition for the formation of the port district, and one (1) commissioner shall be elected from each of said commissioner districts. Any port district may, after formation, be redistricted in the original county of formation as in this act provided.
History:
[70-1201, added 1969, ch. 55, sec. 14, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1202 - COMMISSIONERS — QUALIFICATIONS.

70-1202. COMMISSIONERS — QUALIFICATIONS. No person shall be eligible to hold the office of port commissioner unless he is a qualified elector of the state of Idaho and a resident of the district from which he is seeking office.
History:
[70-1202, added 1969, ch. 55, sec. 15, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1203 - COMMISSIONERS — FIRST ELECTION.

70-1203. COMMISSIONERS — FIRST ELECTION. At the same election at which the proposition is submitted to the voters as to whether a port district shall be formed, three (3) commissioners shall be elected to hold office, respectively for the terms of two (2), four (4) and six (6) years. All candidates at the formation election shall be voted upon by the entire port district, and the candidate residing in commissioner district number one (1) receiving the highest number of votes shall hold office for the term of six (6) years; and the candidate residing in commissioner district number two (2) receiving the highest number of votes shall hold office for the term of four (4) years; and the candidate residing in commissioner district number three (3) receiving the highest number of votes shall hold office for the term of two (2) years. In all subsequent elections in the county of original formation, the port commissioners shall likewise be elected at large within that area of such county embracing the port district.
History:
[70-1203, added 1969, ch. 55, sec. 16, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1204 - COMMISSIONERS — COMMENCEMENT OF TERM.

70-1204. COMMISSIONERS — COMMENCEMENT OF TERM. The terms of all commissioners elected under any section of this chapter shall date from the first day in January following the general election at which they were elected, if elected at a general election, or if elected at other than a general election on the date specified in the certificate of election.
History:
[70-1204, added 1969, ch. 55, sec. 17, p. 144; am. 1995, ch. 118, sec. 102, p. 510.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1205 - COMMISSIONERS FOR ANNEXED AREA — ORIGINAL COUNTY.

70-1205. COMMISSIONERS FOR ANNEXED AREA — ORIGINAL COUNTY. No additional commissioner shall be elected to represent any annexed area of the county in which the port district was formed, but the port district within such county shall, after each such annexation, be redistricted as in this act provided.
History:
[70-1205, added 1969, ch. 55, sec. 18, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1206 - COMMISSIONERS FOR ANNEXED AREA OF ADJACENT COUNTY.

70-1206. COMMISSIONERS FOR ANNEXED AREA OF ADJACENT COUNTY. At the same election at which a proposition for annexation of land to an existing district is submitted to vote, if the area to be annexed includes land in a county or counties other than the county in which the original port district exists, one (1) commissioner shall be elected by the voters in such area within the adjacent county or counties to represent such area in case such annexation shall be accomplished as a result of such election. Such commissioner shall hold office for a term of six (6) years and until his successor is elected and qualified. Such commissioner and his successor shall be elected by vote only of the residents of that portion of such county or counties lying within such port district. Such commissioner shall have the same qualifications as herein provided for other commissioners of the district, and shall be a resident of such area. If the annexation shall be accomplished, the port commission shall thereafter consist of the three (3) commissioners of the original port district and the commissioner for such adjacent county or counties. In like manner, in the event of any subsequent annexations, a commissioner having the qualifications herein set forth shall be elected to serve for a six (6) year term as commissioner for such adjacent county or counties, and the port commission shall be expanded to include the commissioner from each such annexed area; provided, that a port commission shall never exceed five (5) commissioners and no commissioner shall be elected to represent any area annexed to any port commission already having, or being authorized by law to have, five (5) commissioners.
History:
[70-1206, added 1969, ch. 55, sec. 19, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1207 - SUBSEQUENT COMMISSIONERS — TERM OF OFFICE.

70-1207. SUBSEQUENT COMMISSIONERS — TERM OF OFFICE. Commissioners elected subsequent to the formation and/or annexation election shall hold office for a period of six (6) years and until their respective successors are elected and qualified.
History:
[70-1207, added 1969, ch. 55, sec. 20, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1208 - COMMISSIONERS — ELECTIONS AFTER FORMATION.

70-1208. COMMISSIONERS — ELECTIONS AFTER FORMATION. A general election for election of a port commissioner or commissioners and for the submission to vote of any propositions or proposals shall be held biennially in conjunction with the general county elections in the county of original formation, and at the appropriate times subject to the provisions of section 34-106, Idaho Code, in all annexed counties.
History:
[70-1208, added 1969, ch. 55, sec. 21, p. 144; am. 1995, ch. 118, sec. 103, p. 510.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1209 - FORMATION OR ANNEXATION BETWEEN GENERAL ELECTIONS — ELECTION OF SUBSEQUENT COMMISSIONERS.

70-1209. FORMATION OR ANNEXATION BETWEEN GENERAL ELECTIONS — ELECTION OF SUBSEQUENT COMMISSIONERS. If any formation or annexation election be held, subject to the provisions of section 34-106, Idaho Code, at any time other than at the time of a general election, then there shall be no election held on the next subsequent general election following the creation of, or annexation to, such port district, as to the commissioners elected at such formation and/or annexation election.
History:
[70-1209, added 1969, ch. 55, sec. 22, p. 144; am. 1995, ch. 118, sec. 104, p. 510.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1210 - ELECTION PROCEDURE — SUPPLIES.

70-1210. ELECTION PROCEDURE — SUPPLIES. Such general election shall be conducted by the county clerk according to the provisions of chapter 14, title 34, Idaho Code.
History:
[70-1210, added 1969, ch. 55, sec. 23, p. 144; am. 1995, ch. 118, sec. 105, p. 510; am. 2009, ch. 341, sec. 155, p. 1075.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1211 - ELECTIONS — VOTER QUALIFICATIONS.

70-1211. ELECTIONS — VOTER QUALIFICATIONS. All electors who are, at the time of any port district election, residents of such district and duly qualified to vote within their respective precincts under the general election laws for state and county officers, shall be deemed qualified electors in said port district, but only as to commissioners representing the port area within the county of their residence, and as to propositions to be voted on within such area within their county of residence.
History:
[70-1211, added 1969, ch. 55, sec. 24, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1212 - ELECTIONS — NOMINATING PETITIONS.

70-1212. ELECTIONS — NOMINATING PETITIONS. Nominations for port commissioners at the formation election, at any annexation elections, and for all general elections shall be by petition of not less than five (5) qualified electors of the commissioner district of which the candidate is a resident, and shall be filed in the office of the county clerk of the county in which such commissioner district is situate, in accordance with the provisions of section 34-1404, Idaho Code.
In any election for commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a commissioner position, it shall not be necessary for the candidate to stand for election, and the port commission shall declare such candidate elected as a commissioner, and the secretary of the commission shall immediately make and deliver to such person a certificate of election.
History:
[70-1212, added 1969, ch. 55, sec. 25, p. 144; am. 1995, ch. 118, sec. 106, p. 510.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1213 - PRIMARY ELECTIONS.

70-1213. PRIMARY ELECTIONS. In the event valid nominating petitions for more than two (2) candidates remain on file for the office of port district commissioner in any commissioner district after the last day for withdrawal of candidacy, the county clerk shall conduct a port district primary at the same time he conducts the county primary election. At all such nominating elections, the nomination of candidates shall be nonpartisan, and the ballot, or portion of ballot, to be used for such nominating election shall be designated "Port District Nominating Ballot, Port of …." (inserting the name of the appropriate port district), and such ballot shall not have upon it any political party designation nor statement of any affiliation whatever of any candidate named thereon. In the event no more than two (2) such nominating petitions remain on file for the office of port district commissioner in any port commissioner district after the last day for withdrawal of candidacy, the county clerk shall not conduct such port district primary, but shall cause the name of such candidates to be printed upon the port district ballot for the general election only. Such general election ballot, or portion of the ballot for use in such port election, shall be designated "Official Ballot, Port of …." (inserting therein the name of such port district), and shall contain no political party designation nor statement of any affiliation whatsoever of any candidate named thereon.
In the event a primary election is conducted for the office of port district commissioner, the name of the person who receives the greatest number of votes and of the person who receives the second greatest number of votes for each commissioner district, shall appear upon the port district general election ballot under the designation for each respective office. Names of candidates printed on the district primary and general election ballots shall be rotated, as nearly as may be, in the same manner as are names of candidates under the election laws of this state relating to the election of county officers.
Any port commissioner may be recalled in accordance with the statutory provisions for the recall of county officers then in effect; provided, however, that only voters residing within and qualified to vote within the port district may vote at any such recall election.
History:
[70-1213, added 1969, ch. 55, sec. 26, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1214 - GENERAL ELECTIONS — SUBMISSION OF PROPOSITIONS OR PROPOSALS.

70-1214. GENERAL ELECTIONS — SUBMISSION OF PROPOSITIONS OR PROPOSALS. In the event the port commissioners shall determine to submit any propositions or proposals to the voters at any such general election, the president and secretary of such port district, shall, within sixty (60) days prior to said general election, certify to the county clerk of each county in which said port district exists, or in which such proposition or proposal is to be submitted, a statement of the propositions or proposals to be submitted, in the form the same are to be placed upon the port district ballot, and the county clerk shall cause to be placed upon the port district ballot, following the names of the candidates to be voted upon at such election, the statement of the propositions or proposals to be voted upon together with appropriate spaces for voting for or against such propositions or proposals.
History:
[70-1214, added 1969, ch. 55, sec. 27, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1215 - ADDITIONAL ELECTIONS.

70-1215. ADDITIONAL ELECTIONS. Additional elections within any port district may be held at such times and for the submission of such propositions or proposals as the port commission may by resolution prescribe, subject to the limitations provided in section 34-106, Idaho Code. Such elections shall be conducted by the county clerk in accordance with the general election laws of the state, including chapter 14, title 34, Idaho Code.
History:
[70-1215, added 1969, ch. 55, sec. 28, p. 144; am. 1995, ch. 118, sec. 107, p. 511; am. 2009, ch. 341, sec. 156, p. 1075.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1217 - ADDITIONAL ELECTIONS — POLLING PLACES.

70-1217. ADDITIONAL ELECTIONS — POLLING PLACES. For such additional elections, there shall be not less than one (1) polling place within each port commissioner district. It shall be the duty of the county commissioners at least twenty (20) days before all special elections, to designate by resolution the polling places for such special election, and the county clerk shall appoint election officials for each polling place.
History:
[70-1217, added 1969, ch. 55, sec. 30, p. 144; am. 1995, ch. 118, sec. 108, p. 511; am. 2009, ch. 341, sec. 157, p. 1075.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1218 - ADDITIONAL ELECTIONS — REGISTRATION BOOKS.

70-1218. ADDITIONAL ELECTIONS — REGISTRATION BOOKS. As provided in section 34-1402, Idaho Code, the county clerk of any county in which a port district is located shall maintain the register of electors and make such register available to the election officials of the port district.
History:
[70-1218, added 1969, ch. 55, sec. 31, p. 144; am. 1995, ch. 118, sec. 109, p. 511.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1219 - ELECTIONS — CANVASS OF VOTE.

70-1219. ELECTIONS — CANVASS OF VOTE. The returns of all port district elections shall be canvassed by the county commissioners, who shall meet and proceed to canvass the same in accordance with the provisions of chapter 12, title 34, Idaho Code, and shall thereupon declare the results.
History:
[70-1219, added 1969, ch. 55, sec. 32, p. 144; am. 2009, ch. 341, sec. 158, p. 1076.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 12 - PORT DISTRICTS — ELECTION OF PORT COMMISSIONERS › Section 70-1220 - ELECTIONS — EXPENSES.

70-1220. ELECTIONS — EXPENSES. All expenses of elections for the formation of a port district and annexations thereto, and any other port district elections, shall be paid by the county or counties holding such election, and such expenditure is hereby declared to be for a county purpose.
History:
[70-1220, added 1969, ch. 55, sec. 33, p. 144; am. 2009, ch. 341, sec. 159, p. 1076.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 13 - PORT DISTRICTS — REVISION OF COMMISSIONER DISTRICTS › Section 70-1301 - REVISION OF COMMISSIONER DISTRICTS AUTHORIZED.

70-1301. REVISION OF COMMISSIONER DISTRICTS AUTHORIZED. The commission by resolution may, and upon petition signed by not less than two hundred fifty (250) electors residing in the area to be redistricted, shall, re-establish the boundaries of the commissioner districts in that portion of the port district which is in the county in which the district was initially formed, so that each such commissioner district shall comprise as nearly as possible one-third (1/3) of the population of so much of the port district as is within such county, provided that no county voting precinct shall be divided by the boundary lines of a commissioner district.
History:
[70-1301, added 1969, ch. 55, sec. 34, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 13 - PORT DISTRICTS — REVISION OF COMMISSIONER DISTRICTS › Section 70-1302 - MEETING FOR REVISION PUBLIC — NOTICE.

70-1302. MEETING FOR REVISION PUBLIC — NOTICE. The revision of boundary lines provided for in this act shall be made only at a meeting of the port commission with attendance of all of the members of the commission, which meeting shall be public. The port commission shall give notice of such meeting by publishing the same in a daily newspaper of general circulation within the port district, or if there be no such daily newspaper, then in a weekly newspaper of general circulation within such port district. Such notice shall be published not less than once per week for two (2) consecutive weeks, the date of the first publication to be not more than twenty (20) days prior to the date fixed for such meeting. Such notice shall state the time, place and purpose of the meeting.
History:
[70-1302, added 1969, ch. 55, sec. 35, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 13 - PORT DISTRICTS — REVISION OF COMMISSIONER DISTRICTS › Section 70-1303 - CHANGE NOT TO AFFECT EXISTING TERMS OF OFFICE.

70-1303. CHANGE NOT TO AFFECT EXISTING TERMS OF OFFICE. Any change of boundary lines provided for in this act shall not affect the terms of commissioners already in office at the time the change is made.
History:
[70-1303, added 1969, ch. 55, sec. 36, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1401 - COMMISSION — ORGANIZATION.

70-1401. COMMISSION — ORGANIZATION. Each port commission shall organize by the election from its own members of a president, vice-president, secretary and treasurer. The office of secretary and treasurer may be combined in one (1) commissioner. The commissioners elected at the formation election shall adopt an official seal. Each commission may, by resolution, adopt rules governing the transaction of its business, which rules shall continue in force and effect until altered, changed, amended or voided by the subsequent action of the commission adopting the same, or any subsequent commission.
History:
[70-1401, added 1969, ch. 55, sec. 37, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1402 - RECORD OF PROCEEDINGS.

70-1402. RECORD OF PROCEEDINGS. The proceedings of the meetings of the port commission shall be by motion or resolution recorded in the minutes of such meeting, which shall be kept in a minute book and shall be a public record.
History:
[70-1402, added 1969, ch. 55, sec. 38, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1403 - QUORUM.

70-1403. QUORUM. A majority of the persons holding the office of port commissioner at any time shall constitute a quorum of the port commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the transaction of any port business, but no business shall be transacted unless there are in office at least a majority of the full number of commissioners fixed by law.
History:
[70-1403, added 1969, ch. 55, sec. 39, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1404 - PER DIEM — REIMBURSEMENT FOR EXPENSES.

70-1404. PER DIEM — REIMBURSEMENT FOR EXPENSES. There shall be paid to each of the port commissioners from the funds of the district, not more than fifty dollars ($50.00) per day for each day spent attending meetings, or while engaged in port business authorized by the port commission. In addition, such commissioners and the agents and employees of the district shall be entitled to be reimbursed upon order of the commission, from funds of the district, for all reasonable sums expended by them in furthering the business of the port.
History:
[70-1404, added 1969, ch. 55, sec. 40, p. 144; am. 1984, ch. 128, sec. 1, p. 303.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1405 - MILEAGE.

70-1405. MILEAGE. Commissioners, agents and employees of port districts, while using their personal vehicles for travel for port purposes, as authorized by the commission, shall be entitled to receive from port funds, mileage reimbursement at a rate per mile to be fixed from time to time by the port commission, but not exceeding the maximum rate allowed to state officials by other agencies of the state of Idaho. Such reimbursement for mileage shall include the mileage of commissioners, agents and employees in traveling to and from their place of residence for attendance at meetings and for all other authorized port purposes.
History:
[70-1405, added 1969, ch. 55, sec. 41, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1406 - VACANCY — HOW CAUSED.

70-1406. VACANCY — HOW CAUSED. A vacancy in the office of port commissioner shall occur by death, resignation, removal from office, conviction of a felony, non-attendance at meetings of the port commission for a period of sixty (60) days unless excused by the port commission, by any statutory disqualification, by the removal of any commissioner of his residence from the port district, or by any permanent disability preventing the proper discharge of his duty.
History:
[70-1406, added 1969, ch. 55, sec. 42, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1407 - VACANCIES — HOW FILLED.

70-1407. VACANCIES — HOW FILLED. In the event of any vacancy in the office of port commissioner, such vacancy shall be filled at the next general election, and in the interim the vacancy shall be filled by appointment by a majority vote of the remaining port commissioners, and if said port commissioners shall fail to make such appointment within thirty (30) days after such vacancy occurs, then such appointment shall be made by the county commissioners of the county in which the vacant commissioner district exists.
If there should be at the same time, such number of vacancies that there are not in office a majority of the full number of commissioners fixed by law, the county commissioners of the county of each district in which such vacancy exists shall within thirty (30) days of such vacancy make appointments to fill the vacancies ad interim through the next general election.
History:
[70-1407, added 1969, ch. 55, sec. 43, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1408 - EMPLOYEES.

70-1408. EMPLOYEES. The port commission shall have authority to retain legal counsel, and other professional and technically trained persons, on general or special retainer, and to create and fill positions, to fix wages and salaries thereof, to pay costs and assessments involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement and pension benefits, medical, surgical or hospital care, life, accident, or health disability insurance, and similar benefits, as commonly established by other employers of similar employees, as the port commission shall provide. The port commission shall have authority to provide or pay such benefits directly, or to provide for such benefits by the purchase of insurance policies or by entering into contracts with and compensating a person, firm, agency or organization furnishing such benefits, or by making contributions to vacation plans or funds, or health and welfare plans and funds, or pension plans or funds, or similar plans or funds, as commonly established by other employers of similar employees and in which the port district is permitted to participate for particular classifications of its employees by the trustee or other persons responsible for the administration of such established plans or funds. The port commission shall have the authority to utilize and compensate agents for the purpose of paying, in the name and by the check of such agent or agents or otherwise, wages, salaries and other benefits to employees, or particular classifications thereof, and for the purpose of withholding payroll taxes and paying over tax moneys so withheld to appropriate governmental agencies, on a combined basis with the wages, salaries, benefits, or taxes of other employers or otherwise; to enter into such contracts and arrangements with and to transfer by check such funds from time to time to any such agent or agents so appointed as are necessary to accomplish such salary, wage, benefit, or tax payments as though the port district were a private employer, notwithstanding any other provision of the law to the contrary. The funds of a port district transferred to such an agent or agents for the payment of wages or salaries of its employees in the name or by the check of such agent or agents shall be subject to garnishments with respect to salaries or wages so paid, notwithstanding any provision of the law relating to municipal corporations to the contrary.
History:
[70-1408, added 1969, ch. 55, sec. 44, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1409 - FIDELITY BONDS.

70-1409. FIDELITY BONDS. The port auditor, the port treasurer and the port manager shall execute and file with the commission fidelity bonds, with a surety company lawfully doing business within the state of Idaho, satisfactory to the commission, in such amount as the commission shall from time to time determine, which amount shall not be less than five thousand dollars ($5,000) as to each such person, which bonds shall be conditioned for the faithful performance by such persons of their official duties as such port officials.
The commission in like manner may require a bond of such other of its officers, agents and employees, as it shall determine, in such amount and upon such conditions as it shall from time to time determine.
History:
[70-1409, added 1969, ch. 55, sec. 45, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 14 - PORT DISTRICTS — COMMISSIONS IN GENERAL › Section 70-1410 - INTEREST IN CONTRACTS PROHIBITED — EXCEPTIONS.

70-1410. INTEREST IN CONTRACTS PROHIBITED — EXCEPTIONS. No port commissioner or employee shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such commission or employee, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or award in connection with such contract from any person beneficially interested therein.
This section shall not apply in the following cases:
(1) The furnishing of electrical, water or other utility services by a municipality or private corporation engaged in the business of furnishing such services at the same rates and on the same terms as are available to the public generally;
(2) The designation of public depositories for municipal funds;
(3) The publication of legal notices required by law to be published by the port commission, upon competitive bidding or at rates not higher than are charged members of the general public;
(4) Any contract in such port district in which the total volume of business represented by such contract or contracts in which a particular commissioner or employee is interested, in the aggregate, as measured by the dollar amount of port’s liability thereunder, shall not exceed two hundred dollars ($200) in any calendar month;
(5) Ownership of any interest in, or any participation in any cooperative warehouse or facility within the port district, for the cooperative storage and/or marketing of farm or other goods or products, provided, that, such exclusion shall not extend to officers, elected officials or paid employees of any such cooperative warehouse or facility;
(6) Any such contract, where the same shall have been approved by order of the judge of the district court of the county in which is located the city for which the district is named, upon the petition of the port commission, or of any party interested in such contract. Notice of hearing on such petition shall be given for such time and in such manner as such court by order directs.
History:
[70-1410, added 1969, ch. 55, sec. 46, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1501 - ACQUISITION OF PROPERTY AND FACILITIES — OPERATION.

70-1501. ACQUISITION OF PROPERTY AND FACILITIES — OPERATION. A port district may finance, construct, condemn, purchase, acquire, add to, equip, maintain and operate any and all facilities and services reasonably incident to the operation of a modern, efficient and competitive port, together with industrial and economic development facilities of any kind or nature which maintain or increase employment opportunities in a port district. In connection with its operations, a port district may perform all customary services including, but not limited to, the handling, weighing, measuring, reconditioning and storage for hire, processing and/or holding for transshipment of all commodities.
History:
[70-1501, added 1969, ch. 55, sec. 47, p. 144; am. 1994, ch. 114, sec. 1, p. 261; am. 2001, ch. 189, sec. 2, p. 652.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1502 - ACQUISITION OF PROPERTY — EMINENT DOMAIN — LEVY OF ASSESSMENTS.

70-1502. ACQUISITION OF PROPERTY — EMINENT DOMAIN — LEVY OF ASSESSMENTS. A port district may acquire by purchase, for cash or on deferred payments for a period not exceeding ten (10) years, or by condemnation, or by both, all lands, property, property rights, leases or easements necessary for its purposes and may exercise the right of eminent domain in the acquirement or damaging of all such lands, property, and property rights, and may levy and collect assessments upon property for the payment of all damages and compensations in carrying out its purposes. Except as modified or enlarged in this act, the provisions of chapter 7 of title 7, Idaho Code, shall apply to condemnation of estates, interests or rights in lands by port districts.
History:
[70-1502, added 1969, ch. 55, sec. 48, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1503 - OWNERSHIP AND OPERATION OF PROPERTY IN GENERAL.

70-1503. OWNERSHIP AND OPERATION OF PROPERTY IN GENERAL. A port district may own and control lands, leases, and all easements and interests in land and all manner of personal property for all lawful port purposes and operate any and all property or facilities in any way acquired or owned by such port district, either within or without the boundaries of said district.
History:
[70-1503, added 1969, ch. 55, sec. 49, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1504 - NAVIGATION — WATERWAY IMPROVEMENT.

70-1504. NAVIGATION — WATERWAY IMPROVEMENT. Port districts shall have full power and authority to regulate and control all navigable and non-navigable waters of the United States and of the state of Idaho, so far and to the full extent that this state can grant the same, within and adjacent to the boundaries thereof, when necessary to the efficient development and operation of the port district; and to that end may straighten, widen, deepen, and otherwise improve any and all such waterways, waters, water courses, bays, lakes, streams or other waters, whether navigable or otherwise, and may create or improve new waterways.
History:
[70-1504, added 1969, ch. 55, sec. 50, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1505 - RATES AND CHARGES.

70-1505. RATES AND CHARGES. A district may fix, without right of appeal therefrom, the rate of wharfage, dockage, warehousing, and all necessary port and terminal charges upon all improvements owned and/or operated by it, and the charges of ferries operated by it. The port commission shall file with the public utilities commission of this state, its schedule of rates and charges so fixed. It may change any rate or charge so filed, by filing with the commission a notice of the proposed change not less than thirty (30) days before the change shall go into effect.
It may fix, subject to state regulation, all such charges upon all docks, wharves, warehouses, quays and piers owned by the state of Idaho, and operated under lease therefrom, and/or by agreement therewith.
History:
[70-1505, added 1969, ch. 55, sec. 51, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1506 - FOREIGN TRADE ZONES.

70-1506. FOREIGN TRADE ZONES. A port district may apply to the proper authority of the United States under any law now or hereafter in force for the right to establish, operate and maintain foreign trade zones within the limits of the port district and may establish, operate and maintain such foreign trade zones.
History:
[70-1506, added 1969, ch. 55, sec. 52, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1507 - INDUSTRIAL DEVELOPMENT — IMPROVEMENTS.

70-1507. INDUSTRIAL DEVELOPMENT — IMPROVEMENTS. A port district may improve its lands by dredging, filling, bulk-heading, providing waterways, or otherwise developing such lands for sale or lease for industrial and commercial purposes. Such district may cooperate with the U.S. Army Corps of Engineers, or any other applicable governmental agencies or instrumentalities in the management and development of lands acquired by the port and/or acquired by such governmental agencies and/or acquired by the port and such governmental agencies jointly.
History:
[70-1507, added 1969, ch. 55, sec. 53, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1508 - JOINT EXERCISE OF POWERS — JOINT ACQUISITION OF PROPERTY — CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.

70-1508. JOINT EXERCISE OF POWERS — JOINT ACQUISITION OF PROPERTY — CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. Any two (2) or more port districts shall have the power, by mutual agreement, to exercise jointly all powers granted to each individual district, and in the exercise of such powers shall have the right and power to acquire jointly all lands, property, property rights, leases, or easements necessary for their purposes, either entirely within, or partly within and partly without, or entirely without such districts; provided that any two (2) or more districts so acting jointly, by mutual agreement, shall not acquire any real property or real property rights in any other port district without the consent of such district. A port district may enter into any contract with the United States, or any state, county or municipal corporation, or any agency or instrumentality thereof, for carrying out any powers which each of the contracting parties may by law exercise separately.
History:
[70-1508, added 1969, ch. 55, sec. 54, p. 144.]
2023 Idaho Code › Title 70 - WATERCOURSES AND PORT DISTRICTS › Chapter 15 - PORT DISTRICTS — POWERS › Section 70-1510 - FEDERAL AID — PRELIMINARY STUDIES.

70-1510. FEDERAL AID — PRELIMINARY STUDIES. Port districts are hereby authorized to accept from the United States government all loans, advances, grants in aid, or donations which may be made available under any federal act, rule or regulation, for the purpose of financing the cost of architectural, engineering, or economic investigations or of studies, surveys, designs, plans, working drawings, specifications, procedures, and other matters preliminary to the construction of public works.
History:
[70-1510, added 1969, ch. 55, sec. 56, p. 144.]