1999 Legislation
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HOUSE BILL NO. 91 – Soil conservation dist, loan liablt


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Daily Data Tracking History

H0091...............................................by AGRICULTURAL AFFAIRS
SOIL CONSERVATION DISTRICT - Amends existing law relating to soil
conservation districts to delete a limitation on loan liability.

01/21    House intro - 1st rdg - to printing
01/22    Rpt prt - to Agric Aff
02/05    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Sali, Schaefer,
      Sellman, Smith, Stevenson, Stoicheff, Stone, Tilman, Tippets, Trail,
      Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Bieter, Kjellander, Robison, Taylor
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to Agric Aff
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 27-0-8
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
      Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
      Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
      Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
      Parry, Thorne
    Floor Sponsor - Riggs
    Title apvd - to House
03/05    To enrol
03/08    Rpt enrol - Sp signed - Pres signed
03/09    To Governor
03/15    Governor signed
         Session Law Chapter 62
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 91

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 4        TION.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section 22-2732, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 9    Eligible  applicants  may file an application with the local soil conservation
10    district for a loan from the account for the purpose of financing conservation
11    improvement cost. Such application shall be filed in such a manner, and  shall
12    be  in  such form, and be accompanied by such information as may be prescribed
13    by the commission; provided, however, that any such application filed with the
14    district under the provisions of this act shall:
15        (1)  Describe the nature and purposes of the improvements.
16        (2)  Set forth or be accompanied by a conservation plan  approved  by  the
17        local   soil  conservation  district  which  identifies  the  conservation
18        improvements, together with such engineering and economic feasibility data
19        and estimated costs of construction as may be required by the commission.
20        (3)  State whether money other than that for  which  application  is  made
21        under  this act will be used for improvement costs, and whether such money
22        is available or has been sought for this purpose.
23        (4)  Show that the applicant holds or can acquire title to  all  lands  or
24        has  necessary  easements  and rights - of - way for
25        the improvements.
26        (5)  Show the proposed project is feasible from an engineering  standpoint
27        and economically justified.
28        (b)  Within  sixty  (60) days of receipt of an application, the local soil
29    conservation district shall review and evaluate, and if  it  deems  necessary,
30    investigate all aspects of the proposed improvements. As part of such investi-
31    gation,  the  district shall determine whether the plan for development of the
32    conservation improvements is satisfactory. If the district determines the plan
33    is unsatisfactory, it shall return the application to the  applicant  and  the
34    district may make such recommendations to the applicant as are considered nec-
35    essary  to  make the plan satisfactory. If the district determines the plan is
36    satisfactory, it shall assign a priority to the application  and  forward  the
37    application to the commission with a recommendation for funding.
38        (c)  The  commission  may  approve a loan for conservation improvements if
39    after review, evaluation, and investigation if necessary, finds that:
40        (1)  The applicant is qualified and responsible;
41        (2)  There is reasonable assurance that the borrower can repay the loan;
42        (3)  That money in the resource  conservation  and  rangeland  development
43        account is available for the loan ;


 1        (4)  That  the  loan  will not result in a condition whereby the applicant
 2        has a loan liability in excess of fifty thousand dollars ($50,000)  pursu-
 3        ant to this act .
 4        (d)  If  the  commission  approves  a  loan, the applicant shall execute a
 5    promissory note for repayment  to  the  account  of  money  loaned  therefrom,
 6    together  with  interest not to exceed six percent (6%) annually as determined
 7    by the commission. The note shall further provide that repayment of the  loan,
 8    together  with  interest  thereon,  shall commence not later than two (2) full
 9    years from the date the note is signed. Repayment shall  be  completed  within
10    the  time period specified by the commission not to exceed fifteen (15) years,
11    except that the commission may extend the time for making repayment  in  event
12    of emergency or hardship. Such agreement shall also provide for such assurance
13    of, and security for, repayment of the loan as are considered necessary by the
14    commission.
15        (e)  If  an  applicant  fails  to  comply with the repayment contract, the
16    interest in the improvement may be conveyed to a successor  upon  approval  by
17    the commission, which may contract with the qualified successor in interest of
18    the  original  obligor  for  repayment  of  the  loan,  together with interest
19    thereon, and for succession to its rights and obligation in any contract  with
20    the commission.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE
 Amend section 22-2732(c)(4), Idaho Code, to delete the $50,000
 limit to loan applicant liability. Many projects that are
 necessary to meet Idaho water quality initiatives cost in
 excessof the present limit.
                           FISCAL IMPACT
 Name: Jerry Nicolescu, Administrator
 Agency: Soil Conservation Commission
 Phone: 332-8649
 Statement of Purpose/Fiscal Impact                        H 91