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H0684......................................................by STATE AFFAIRS IDAHO HOUSING AND FINANCE ASSOCIATION - Amends existing law to remove powers of the Idaho Housing and Finance Association to organize nonprofit corporations to assist the association in providing for housing projects; and to provide limits on conflict of interest. 02/24 House intro - 1st rdg - to printing 02/25 Rpt prt - to St Aff
H0684|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 684 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS OF THE IDAHO HOUSING AND FINANCE ASSOCIATION; AMENDING 3 SECTION 67-6206, IDAHO CODE, TO REMOVE POWERS OF THE ASSOCIATION TO ORGA- 4 NIZE A NONPROFIT CORPORATION TO ASSIST THE ASSOCIATION IN PROVIDING FOR 5 HOUSING PROJECTS; AMENDING SECTION 67-6221, IDAHO CODE, TO PROVIDE LIMITS 6 ON CONFLICT OF INTEREST; AMENDING SECTION 67-6224A, IDAHO CODE, TO PROVIDE 7 AN EXCEPTION TO THE OTHERWISE UNRESTRICTED, UNLIMITED POWERS OF THE ASSO- 8 CIATION AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE 9 DATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-6206, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-6206. POWERS OF ASSOCIATION. The housing and finance association is an 14 independent public body corporate and politic, exercising public and essential 15 governmental functions, and having all the powers which are hereby declared to 16 be public purposes necessary or convenient to carry out and effectuate the 17 purposes and provisions of this act, including the following powers in addi- 18 tion to others herein granted: 19 (a) To sue and to be sued; to have a seal and to alter the same at pleas- 20 ure; to have perpetual succession; to make and execute contracts and other 21 instruments necessary or convenient to the exercise of the powers of the asso- 22 ciation; and to make and from time to time amend and repeal bylaws, rules, not 23 inconsistent with this act, to carry into effect the powers and purposes of 24 the association. 25 (b) To conduct its operations within any or all of the counties of the 26 state. 27 (c) To cooperate with housing authorities throughout Idaho in the devel- 28 opment of housing projects. 29 (d) To assign priorities for action and revise or modify said priorities 30 from time to time. 31 (e) To make and execute agreements, contracts and other instruments nec- 32 essary or convenient in the exercise of the powers and functions of the asso- 33 ciation under this act, including contracts with any housing sponsor, mortgage 34 lender, person, firm, corporation, governmental agency, or other entity; and 35 to include in any contract let in connection with a project, stipulations 36 requiring that the contractor and any subcontractors comply with requirements 37 as to minimum wages and maximum hours of labor, and comply with any conditions 38 which the federal government may have attached to its financial aid of the 39 project and to designate mortgage lenders to act for and in behalf of the 40 association, with respect to originating or servicing and processing mortgage 41 loans of the association, and to pay the reasonable value of service rendered 42 to the association by such mortgage lenders pursuant to contracts with mort- 43 gage lenders. 2 1 (f) To lease, sell, construct, finance, reconstruct, restore, rehabili- 2 tate, operate or rent any housing projects, nonprofit facilities or any dwell- 3 ings, houses, accommodations, lands, buildings, structures or facilities 4 embraced in any housing project or nonprofit facilities and, subject to the 5 limitations contained in this act, to establish and revise the rents or 6 charges therefor. 7 (g) To own, hold and improve real or personal property; to purchase, 8 lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent 9 domain or otherwise, any real or personal property or any interest therein. 10 (h) To acquire any real property; to sell, lease, exchange, transfer, 11 assign, pledge or dispose of any real or personal property or any interest 12 therein. 13 (i) To insure or provide for the insurance of any real or personal prop- 14 erty or operation of the association against any risks or hazards, and to pro- 15 cure or agree to the procurement of insurance or guarantees from the federal 16 government or other source for the payment or purchase of any bonds or parts 17 thereof issued by the association, including the power to pay for any such 18 insurance or guarantees. 19 (j) To invest any funds held in reserves or sinking funds, or any funds 20 not required for immediate disbursement, in property or securities in which a 21 bank, as defined in the "bank act," title 26, Idaho Code, may legally invest 22 funds including without limitation, to agree to purchase the obligations of 23 any federal, state or local government upon such conditions as the association 24 may determine to be prudent and in its best interest. 25 (k) Within its area of operation: to investigate into living, dwelling 26 and housing conditions and into the means and methods of improving such condi- 27 tions; to determine where slum areas exist or where there is a shortage of 28 adequate, safe and sanitary dwelling accommodations for persons of low-income; 29 to make studies and recommendations relating to the problem of clearing, 30 replanning and reconstruction of slum areas and the problem of providing 31 dwelling accommodations for persons of low-income, and to cooperate with the 32 city, the county, the state or any political subdivision thereof in action 33 taken in connection with such problems; and to engage in research, studies and 34 experimentation on the subject of housing. 35 (l) To participate in cooperative ventures with any agencies, organiza- 36 tions and individuals in order to undertake the provision of housing for per- 37 sons of low-income or to undertake the provision of nonprofit facilities. 38 (m) To provide research and technical assistance to eligible agencies, 39 organizations and individuals eligible to develop low cost housing and to 40 research new low cost housing development and construction methods. 41 (n) To make and undertake commitments to make or participate in the mak- 42 ing of mortgage loans to persons of low-income and to housing sponsors, 43 including without limitation federally insured mortgage loans, and to make 44 temporary loans and advances in anticipation of permanent loans to housing 45 sponsors; said mortgage loans to housing sponsors shall be made to finance the 46 construction, improvement, or rehabilitation of housing projects for persons 47 of low-income, and/or mixed income housing projects upon the terms and condi- 48 tions set forth in this act; provided, however, that such loans shall be made 49 only upon the determination by the association that mortgage loans are not 50 otherwise available, wholly or in part, from private lenders upon reasonably 51 equivalent terms and conditions. 52 (o) To purchase, or make commitments to purchase or participate in the 53 purchase of mortgage loans from mortgage lenders which loans have been made 54 for the construction, improvement, or rehabilitation of housing projects for 55 persons of low-income and/or mixed income housing projects or loans which have 3 1 been made to persons of low-income for residential housing, upon terms set 2 forth in this act; provided, however, that any such purchase shall be made 3 only upon the determination by the association that the mortgage loans to be 4 made are not otherwise being made by mortgage lenders upon reasonably equiva- 5 lent terms and conditions. Also, to purchase, or make commitments to purchase 6 or participate in the purchase of mortgage loans from mortgage lenders whether 7 or not said loans were made to persons of low-income, upon terms set forth in 8 this act; provided, however, that the proceeds from such purchase or the 9 equivalent thereof shall be reinvested in obligations of the association, in 10 mortgage loans to persons of low-income or in mortgage loans for housing proj- 11 ects for persons of low-income and/or mixed income housing projects, and pro- 12 vided that any such purchase shall be made only upon the determination by the 13 association that the mortgage loans to be made are not otherwise being made by 14 mortgage lenders upon reasonably equivalent terms and conditions. 15 (p) To provide interim financing for housing projects including mixed 16 income housing projects approved by the association, provided that the associ- 17 ation has determined that such financing is not otherwise available from mort- 18 gage lenders upon reasonably equivalent terms and conditions. 19 (q) To prescribe rules and policies in connection with the performance of 20 its functions and duties. 21 (r) To do all other things deemed necessary and desirable to accomplish 22 the objectives of this act. 23 (s) To borrow money and issue bonds and notes or other obligations, to 24 invest the proceeds thereof in any lawful manner and to fund or refund the 25 same, and to provide for the rights of the holders of its obligations as pro- 26 vided in this act and in connection therewith, to waive, by resolution or 27 other document of the association, the exemption from federal income taxation 28 of interest on any of the association's obligations under existing or future 29 federal law and to establish, maintain and preserve the association's general 30 obligation rating and any rating on its bonds, notes or other obligations. 31 (t) To receive and accept aid or contributions from any source. 32 (u) To employ architects, engineers, attorneys, accountants, housing con- 33 struction and financial experts and such other advisors, consultants and 34 agents as may be necessary in its judgment and to fix their compensation. 35 (v) To insure mortgage payments of any mortgage loan made for the purpose 36 of constructing, rehabilitating, purchasing, leasing, or refinancing housing 37 projects upon such terms and conditions as the association may prescribe. 38 (w) To fix and revise from time to time and charge and collect fees and 39 charges in connection with loans made or other services provided by the asso- 40 ciation pursuant to this act, and to make and publish rules respecting the 41 making and purchase of mortgage loans. 42 (x)To organize a nonprofit corporation to assist the association in pro-43viding for housing projects.44(y)To enter upon and inspect any housing project, including housing 45 projects undertaken by housing sponsors, for the purpose of investigating the 46 physical and financial condition thereof, and its construction, rehabilita- 47 tion, operation, management and maintenance, and to examine all books and 48 records with respect to capitalization, income and other matters relating 49 thereto. 50 (zy) To order such alterations, changes or repairs as may be necessary to 51 protect the security of its investment in a housing project or the health, 52 safety, and welfare of the occupants thereof. 53 (aaz) To make secured loans for the purpose of providing temporary or per- 54 manent financing or refinancing of all or part of the project costs of any 55 nonprofit facility, including the refunding of any outstanding obligations, 4 1 mortgages or advances issued, made or given by any person for the project 2 costs of a nonprofit facility; and to charge and collect interest on the loans 3 for the loan payments upon such terms and conditions, including without limi- 4 tation bond rating and issuance conditions, as the board of commissioners con- 5 siders advisable which are not in conflict with this chapter. 6 (bbaa) As security for the payment of the principal of and interest on any 7 revenue bonds issued and any agreements made in connection therewith, to mort- 8 gage, pledge, or otherwise encumber any or all of nonprofit facilities or any 9 part or parts thereof, whether then owned or thereafter acquired, and to 10 assign any mortgage and repledge any security conveyed to the association, to 11 secure any loan made by the association and to pledge the revenues and 12 receipts therefrom. 13 (ccbb) To issue bonds for the purpose of financing all or part of the 14 project cost on any nonprofit facility and to secure the payment of the bonds 15 as provided in this chapter. 16 (ddcc) To purchase or sell by installment contract or otherwise, and con- 17 vey all or any part of any nonprofit facility for such purchase price and upon 18 such terms and conditions as this board of commissioners considers advisable 19 which are not in conflict with this chapter. 20 (eedd) To lease all or any part of any nonprofit facility for such rentals 21 and upon such terms and conditions, including options to purchase, as the 22 board of commissioners considers advisable and not in conflict with this chap- 23 ter. 24 (ffee) To construct and maintain one (1) or more nonprofit facilities that 25 the association shall not operate any nonprofit facility as a business other 26 than as lessor, seller or lender. The purchase, holding and enforcing of mort- 27 gages, deeds of trust, or other security interests and contracting for any 28 servicing thereof is not considered the operation of a nonprofit facility as a 29 business. 30 (ggff) To act as the designated housing resource clearinghouse in the 31 state for matters relating to affordable housing. 32 (hhgg) To coordinate the development and maintenance of a housing policy 33 for the state. 34 SECTION 2. That Section 67-6221, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 67-6221. CONFLICT OF INTEREST. Any member, commissioner, officer or 37 employee of the association who is interested either directly or indirectly, 38 or who is an officer or employee of, or has an ownership interest in any firm 39 or agency interested directly or indirectly in any contract with the associa- 40 tion, including any loan to any housing sponsor, shalldisclose thisdispose 41 of such interestto the association. This interest shall be set forth in the42minutes of the association, and the member, officer or employee having the43interest shall not participatebefore taking any action whatsoever on behalf 44 of the association,in the authorization of any such contractexcept that an 45 interest which is limited to a single family loan shall be allowed. 46 SECTION 3. That Section 67-6224A, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 67-6224A. LEGISLATIVE CONSTRUCTION. Neither this act nor anything herein 49 contained is or shall be construed as a restriction or limitation upon any 50 powers which the association might otherwise have under any laws of this 51 state, and this act is cumulative to any such powers. Provided however, that 5 1 the association shall have no power or authority under any law of this state 2 to organize a nonprofit corporation to assist the association in providing for 3 housing projects. This act does and shall be construed to provide a complete, 4 additional, and alternative method for the doing of the things authorized 5 thereby and shall be regarded as supplemental and additional to powers con- 6 ferred by other laws. However, the issuance of bonds, notes and other obliga- 7 tions and refunding bonds under the provisions of this act need not comply 8 with the requirements of any other state law applicable to the issuance of 9 bonds, notes and other obligations and contracts for the construction and 10 acquisition of any housing projects undertaken pursuant to this act and need 11 not comply with the provisions of any other state law applicable to contracts 12 for the construction and acquisition of state-owned property. No proceedings, 13 notice or approval shall be required for the issuance of any bonds, notes and 14 other obligations or any instrument as security therefor, except as is pro- 15 vided in this act. 16 SECTION 4. This act shall be in full force and effect on and after July 17 1, 2000.
STATEMENT OF PURPOSE RS 09735 The Chairman of the Board of Commissioners of the Idaho Housing and Finance Association (IHFA) and the Executive Director of IHFA are the Chairman and President respectively of a private corporation called The Housing Company (THC) and several private subsidiary corporations. THC and its subsidiary corporations own and operate millions of dollars of worth of apartment complexes throughout Idaho. Most of the financing, allocation and compliance of millions of tax dollars to THC are as a result of applications to and allocation from IHFA. All compliance and audit functions for millions of tax dollars on THC properties are performed by IHFA. Statues governing IHFA include a conflict of interest code provision, but does not prohibit this type of activity. This legislation would not allow IHFA to allocate millions of tax dollars to organizations run by its' officers and/or employees by amending the conflict of interest section of IHFA statutes to specifically disallow such activity. Additionally, this legislation would prevent IHFA from establishing a non-profit corporation. FISCAL IMPACT No fiscal impact. Contact Name: Representative Lenore Hardy Barrett STATEMENT OF PURPOSE/FISCAL NOTE H 684