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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
NAYS--None
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
H0091|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 91 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SOIL CONSERVATION DISTRICTS; AMENDING SECTION 22-2732, IDAHO CODE, 3 TO DELETE A LIMITATION ON LOAN LIABILITY AND TO MAKE A TECHNICAL CORREC- 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: 8 22-2732. LOANS FROM ACCOUNT -- APPLICATION -- APPROVAL -- REPAYMENT. (a) 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;2 1(4) That the loan will not result in a condition whereby the applicant2has a loan liability in excess of fifty thousand dollars ($50,000) pursu-3ant 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
RS08409
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
None.
CONTACT
Name: Jerry Nicolescu, Administrator
Agency: Soil Conservation Commission
Phone: 332-8649
Statement of Purpose/Fiscal Impact H 91