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S1542......................................................by STATE AFFAIRS
NONPROFIT CORPORATION - COLLEGE OR UNIVERSITY - Amends existing law to
provide that a facility owned or used, consistent with its nonprofit
purpose, by a nonprofit corporation which is recognized by a state
institution of higher education as its college or university foundation
shall be considered a nonprofit facility under the Idaho Housing and
Finance Association's Law.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 21-10-4
AYES--Andreason, Bunderson, Danielson, Darrington, Davis, Dunklin,
Ingram, Ipsen, Lee, McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams
NAYS--Boatright, Branch, Burtenshaw, Cameron, Crow, Deide, Hawkins,
Keough, King-Barrutia, Parry
Absent and excused--Frasure, Geddes, Richardson, Stennett
Floor Sponsor - Bunderson
Title apvd - to House
03/17 House intro - 1st rdg - to Rev/Tax
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 58-4-8
AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Tilman, Trail, Zimmermann
NAYS -- Barrett, Sali, Schaefer, Wood
Absent and excused -- Clark, Crow, Deal, Gould, Stone, Taylor,
Wheeler, Mr Speaker
Floor Sponsor - Lake
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 365
Effective: 07/01/00
S1542
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1542
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO HOUSING AND FINANCE ASSOCIATION; AMENDING SECTION
3 67-6205, IDAHO CODE, TO FURTHER DEFINE THE TERM "NONPROFIT FACILITIES" AND
4 TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 67-6205, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-6205. DEFINITIONS. The following terms, wherever used or referred to
9 in this chapter, shall have the following respective meanings, unless a dif-
10 ferent meaning clearly appears from the context:
11 (a) "Association" or "housing association" shall mean the Idaho housing
12 and finance association created by section 67-6202, Idaho Code.
13 (b) "Housing project" shall mean any work or undertaking:
14 (1) tTo demolish, clear or remove buildings from any slum area; such work
15 or undertaking may embrace the adoption of such area to public purposes,
16 including parks or other recreational or community purposes; or
17 (2) tTo construct, sell, lease, finance, improve, operate or otherwise
18 provide decent, safe and sanitary urban or rural dwellings, apartments or
19 other living accommodations for persons of low income; such work or under-
20 taking may include buildings, land, equipment, facilities and other real
21 or personal property which are necessary, convenient or desirable appurte-
22 nances, such as, but not limited to, streets, sewers, water service,
23 parks, site preparation, gardening, administrative, community, health,
24 recreational, and welfare or other purposes; or
25 (3) tTo accomplish a combination of the foregoing. The term "housing
26 project" also may be applied to the planning of the buildings and improve-
27 ments, for either single or multi-family housing, the acquisition of prop-
28 erty, the demolition of existing structures, the construction, reconstruc-
29 tion, rehabilitation, alteration and repair of the buildings and improve-
30 ments and all other work in connection therewith.
31 (c) "Governing body" shall mean the city council, board of commissioners,
32 board of trustees or other body having charge of the locality in which the
33 association desires to undertake a housing project.
34 (d) "Federal government" shall include the United States of America, or
35 any other agency or instrumentality, corporate or otherwise, of the United
36 States of America.
37 (e) "City" shall mean any city in the state of Idaho, including each city
38 having a special charter.
39 (f) "County" or "counties" shall include all counties in the state of
40 Idaho as designated in chapter 1, title 31, Idaho Code.
41 (g) "Clerk" shall mean the clerk of the city or county as the case may be
42 or the officer charged with the duties customarily imposed on such clerk.
43 (h) "Area of operation" shall mean the state of Idaho.
2
1 (i) "Slum" shall mean any area where dwellings predominate which, by rea-
2 son of dilapidation, overcrowding, lack of ventilation, light or sanitary
3 facilities or any combination of these factors, are detrimental to safety,
4 health or morals.
5 (j) "Person of low-income" means persons deemed by the association,
6 including those defined as "elderly" in the United States Housing Act of 1937
7 [42 U.S.C., sec. 1437--1437dd], as amended, to require assistance available
8 under this act on account of insufficient personal or family income, to pay
9 the rents or carrying charges required by the unaided operation of private
10 enterprise in providing an adequate supply of decent, safe and sanitary hous-
11 ing and in making such determination the association shall take into consider-
12 ation, without limitation, such factors as:
13 (1) tThe amount of the total income of such persons available for housing
14 needs,;
15 (2) tThe size of the family,;
16 (3) tThe cost and condition of housing facilities available,;
17 (4) sStandards established for various federal programs determining eli-
18 gibility based on income of such persons,; and
19 (5) tThe ability of such persons to compete successfully in the normal
20 housing market and to pay the amounts at which private enterprise is pro-
21 viding decent, safe and sanitary housing.
22 (k) "Bonds," "notes" or "bond anticipation notes," and "obligations"
23 shall mean any bonds, notes, interim certificates, debentures or other evi-
24 dences of financial indebtedness issued by the association pursuant to this
25 chapter.
26 (l) "Real property" shall include all lands, including improvements and
27 fixtures thereon, and property of any nature, appurtenant thereto, or used in
28 connection therewith, and every estate, interest and right, legal or equita-
29 ble, therein, including terms for years and liens by way of judgment, mortgage
30 or otherwise and the indebtedness secured by such liens.
31 (m) "Housing authority" or "authority" means a housing authority estab-
32 lished pursuant to the "housing authorities and cooperation law" constituting
33 chapter 19, title 50, Idaho Code.
34 (n) "Rent" shall mean the periodic payment made by a person of low-income
35 in a housing project whether such money is being used as rent, or for the
36 development of equity by such person.
37 (o) "Interim financing" means a short-term construction loan for planning
38 and/or development of residential housing for persons of low-income and other
39 persons which loan shall run until financing can be assumed through other fed-
40 eral, state or private financing.
41 (p) "Housing sponsor" means individuals, joint ventures, partnerships,
42 limited partnerships, public bodies, trusts, firms, associations, or other
43 legal entities or any combination thereof, and corporations, cooperatives, and
44 condominiums, approved by the association as qualified either to own, con-
45 struct, acquire, rehabilitate, operate, manage or maintain a housing project,
46 subject to the regulatory powers of the association and other terms and condi-
47 tions set forth in this chapter. A "housing sponsor" shall be either a
48 "limited profit" sponsor or a "nonprofit" sponsor.
49 (q) "Mortgage lender" means any bank or trust company, savings bank,
50 mortgage company, mortgage banker, credit union, national banking association,
51 savings and loan association, building and loan association, life insurance
52 company, and any other financial institution authorized to transact business
53 in the state.
54 (r) "Mortgage loan" means an interest-bearing obligation secured by a
55 deed of trust, a mortgage, bond, note, or other instrument which is a lien on
3
1 property in the state except in the case of loans insured by the federal hous-
2 ing administration or the association and which are made for the rehabilita-
3 tion or improvement of existing dwellings; in such case the loans need not be
4 secured by an instrument constituting a lien on property in the state.
5 (s) "Mixed income housing project" means a housing project which contains
6 dwellings occupied or to be occupied by persons of low-income constituting at
7 least twenty percent (20%) of such occupancy.
8 (t) "Facilities" means land, rights in land, buildings, structures,
9 equipment, landscaping, utilities, approaches, roadways and parking, handling
10 and storage areas, and portions of any of the foregoing and similar ancillary
11 facilities.
12 (u) "Nonprofit corporation" means a nonprofit corporation organized and
13 operating in accordance with Idaho law or a nonprofit corporation organized
14 and operating in accordance with comparable laws within another state or ter-
15 ritory of the United States.
16 (v) "Nonprofit facilities" means facilities owned or used by a nonprofit
17 corporation for a nonprofit purpose of the corporation; provided that facili-
18 ties for health facilities which may be funded pursuant to chapter 14, title
19 39, Idaho Code, shall not be included in this definition, except for such
20 health facilities as may be specifically approved by the Idaho health facili-
21 ties authority. Facilities owned or used, consistent with its nonprofit pur-
22 pose, by a nonprofit corporation recognized by a state institution of higher
23 education as its college or university foundation shall be considered non-
24 profit facilities under this chapter.
25 (w) "Project costs of a nonprofit facility" means costs of:
26 (1) aAcquisition, construction and improvement of any facilities included
27 in a nonprofit facility;
28 (2) aArchitectural, engineering, consulting, accounting and legal costs
29 related directly to the development, financing and construction of a non-
30 profit facility, including costs of studies assessing the feasibility of a
31 nonprofit facility;
32 (3) fFinance costs, including discounts, if any, the costs of issuing
33 bonds, and costs incurred in carrying out any provisions thereof;
34 (4) iInterest during construction and during the six (6) months after
35 estimated completion of construction, and capitalized debt service or
36 repair and replacement or other appropriate reserves;
37 (5) tThe refunding of any outstanding obligations incurred for any of the
38 costs outlined in this subsection; and
39 (6) oOther costs incidental to any of the costs listed in this section.
STATEMENT OF PURPOSE
RS10228
The purpose of this bill is to clarify that the non-profit foundations
of each of the state colleges and universities qualify as the owner of
"nonprofit facilities" for purposes of obtaining financing for
educational purposes through the Idaho Housing and Finance Association.
FISCAL NOTE
The college and university foundations are supported entirely by private
donations. Future demands on the general funds for needed school
facilities will be diminished to the extent the facilities are provided
by college and university foundations. However, the future cost of
ongoing maintenance of such facilities may require general funds.
CONTACT: Senators: Bunderson, Ingram and McLaughlin
332-1000
Representatives: Gagner and Judd
332-1000
John Franden: Boise State University
426-1491
Marty Peterson: University of Idaho
364-4033
STATEMENT OF PURPOSE/FISCAL IMPACT S 1542