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S1536......................................................by STATE AFFAIRS AGRICULTURAL FACILITIES - Amends existing law to authorize the Idaho Housing and Finance Association to make loans for agricultural facilities. 02/29 Senate intro - 1st rdg - to printing 03/01 Rpt prt - to St Aff 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 25-7-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Keough, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne, Wheeler, Williams NAYS--Crow, Davis, Ipsen, Lee, Stegner, Stennett, Whitworth Absent and excused--Ingram, King-Barrutia, Parry Floor Sponsor - Sandy Title apvd - to House 03/15 House intro - 1st rdg - to Agric Aff 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 61-0-9 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Black, Gould, Hammond, McKague, Pischner, Reynolds, Schaefer, Taylor, Mr Speaker Floor Sponsor - Chase Title apvd - to Senate 03/31 To enrol 04/03 Rpt enrol - Pres signed - Sp signed 04/04 To Governor 04/14 Governor signed Session Law Chapter 364 Effective: 04/14/00
S1536|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1536 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO HOUSING AND FINANCE ASSOCIATION; AMENDING SECTION 3 67-6201, IDAHO CODE, TO INCLUDE ASSISTANCE TO BEGINNING FARMERS AND 4 RANCHERS FOR AGRICULTURAL FACILITIES AS PUBLIC PURPOSES; AMENDING SECTION 5 67-6205, IDAHO CODE, TO PROVIDE AN ADDITIONAL DEFINITION AND TO MAKE TECH- 6 NICAL CORRECTIONS; AMENDING SECTION 67-6206, IDAHO CODE, TO PROVIDE POWERS 7 RELATING TO THE FINANCING OF AGRICULTURAL FACILITIES; AMENDING SECTION 8 67-6207A, IDAHO CODE, TO PROVIDE FOR LOANS FOR AGRICULTURAL FACILITIES; 9 AMENDING SECTION 67-6223, IDAHO CODE, TO PROVIDE FOR AUTHORITY TO RECEIVE 10 STATE OR FEDERAL ASSISTANCE FOR AGRICULTURAL FACILITIES AND FOR COOPERA- 11 TION WITH THE IDAHO DEPARTMENT OF AGRICULTURE; AND DECLARING AN EMERGENCY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 67-6201, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-6201. PURPOSE. It is hereby declared: 16 (a) That within the state there is a shortage of safe or sanitary dwell- 17 ing accommodations available which persons of low incomes can afford and that 18 such persons are forced to occupy overcrowded and congested dwelling accommo- 19 dations; that the aforesaid conditions cause an increase in and spread of dis- 20 ease and crime, and constitute a menace to the health, safety, morals and wel- 21 fare of the residents of the state and impair economic values; that these con- 22 ditions necessitate excessive and disproportionate expenditures of public 23 funds for crime prevention and punishment, public health and safety, fire and 24 accident protection, and other public services and facilities. 25 (b) That private enterprise has not been able to provide, without assis- 26 tance, an adequate supply of safe and sanitary dwellings at prices or rents 27 which persons and families of low income can afford, or to achieve rehabilita- 28 tion of much of the present low-income housing. It is imperative that the sup- 29 ply of housing for persons and families of low income be increased and that 30 coordination and cooperation among private enterprise, state and local govern- 31 ment be encouraged to sponsor, build and rehabilitate residential housing for 32 such persons and families. 33 (c) That the clearance, replanning and reconstruction of the areas in 34 which unsanitary or unsafe housing conditions exist, and the providing of safe 35 and sanitary dwelling accommodations for persons of low incomes (which 36 dwelling-accommodations need not be solely for persons of low incomes in order 37 to avoid concentrations of such persons in specific localities), are public 38 uses, and uses and purposes for which public money may be spent and private 39 property acquired, and are governmental functions. 40 (d) It is also declared and the legislature hereby finds that charitable, 41 educational, human service, cultural and other purposes pursued by nonprofit 42 corporations are important public functions and public purposes that should be 43 encouraged and that financing of nonprofit facilities for these purposes 2 1 should be encouraged, without using state funds or lending the credit of the 2 state, through the issuance of nonrecourse revenue bonds and the lending of 3 the proceeds thereof to nonprofit corporations to promote their purposes. 4 (e) It is further declared that in this state: 5 (1) There exists an inadequate supply of funds at interest rates suffi- 6 ciently low to enable persons engaged in agriculture in this state, par- 7 ticularly beginning farmers and ranchers, to pursue agricultural opera- 8 tions at present levels; 9 (2) That such inability to pursue agricultural operations lessens the 10 supply of agricultural commodities available to fulfill the needs of the 11 citizens of this state; 12 (3) That such inability to continue operations decreases available 13 employment in the agricultural sector of the state and results in unem- 14 ployment and its attendant problems; 15 (4) That such conditions prevent the acquisition of an adequate capital 16 stock of farm and ranch equipment and machinery, therefore impairing the 17 productivity of agricultural land; 18 (5) That such conditions are conducive to consolidation of acreage of 19 agricultural land with fewer individuals living and farming and ranching 20 on the traditional family farm and ranch; 21 (6) That these conditions result in a loss in population, unemployment 22 and movement of persons from rural to urban areas accompanied by added 23 costs to communities for creation of new public facilities and services; 24 (7) That there have been recurrent shortages of funds from private market 25 sources at reasonable rates of interest; 26 (8) That these shortages have made the sale and purchase of agricultural 27 land to beginning farmers and ranchers a virtual impossibility in many 28 parts of the state; 29 (9) That the ordinary operations of private enterprise have not in the 30 past corrected these conditions; and 31 (10) That a stable supply of adequate funds for agricultural financing is 32 required to encourage beginning farmers and ranchers in an orderly and 33 sustained manner and to reduce the problems described herein. 34 (f) It is hereby further declared that all of the foregoing are public 35 purposes and uses for which public moneys may be borrowed, expended or granted 36 and that such activities are governmental functions and serve a public purpose 37 in improving or otherwise benefiting the people of this state; that the neces- 38 sity of enacting the provisions hereinafter set forth is in the public inter- 39 est and is hereby so declared as a matter of express legislative determina- 40 tion. 41 SECTION 2. That Section 67-6205, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 67-6205. DEFINITIONS. The following terms, wherever used or referred to 44 in this chapter, shall have the following respective meanings, unless a dif- 45 ferent meaning clearly appears from the context: 46 (a) "Association" or "housing association" shall mean the Idaho housing 47 and finance association created by section 67-6202, Idaho Code. 48 (b) "Housing project" shall mean any work or undertaking: 49 (1)tTo demolish, clear or remove buildings from any slum area; such work 50 or undertaking may embrace the adoption of such area to public purposes, 51 including parks or other recreational or community purposes; or 52 (2)tTo construct, sell, lease, finance, improve, operate or otherwise 53 provide decent, safe and sanitary urban or rural dwellings, apartments or 3 1 other living accommodations for persons of low income; such work or under- 2 taking may include buildings, land, equipment, facilities and other real 3 or personal property which are necessary, convenient or desirable appurte- 4 nances, such as, but not limited to, streets, sewers, water service, 5 parks, site preparation, gardening, administrative, community, health, 6 recreational, and welfare or other purposes; or 7 (3)tTo accomplish a combination of the foregoing. The term "housing 8 project" also may be applied to the planning of the buildings and improve- 9 ments, for either single or multi-family housing, the acquisition of prop- 10 erty, the demolition of existing structures, the construction, reconstruc- 11 tion, rehabilitation, alteration and repair of the buildings and improve- 12 ments and all other work in connection therewith. 13 (c) "Governing body" shall mean the city council, board of commissioners, 14 board of trustees or other body having charge of the locality in which the 15 association desires to undertake a housing project. 16 (d) "Federal government" shall include the United States of America, or 17 any other agency or instrumentality, corporate or otherwise, of the United 18 States of America. 19 (e) "City" shall mean any city in the state of Idaho, including each city 20 having a special charter. 21 (f) "County" or "counties" shall include all counties in the state of 22 Idaho as designated in chapter 1, title 31, Idaho Code. 23 (g) "Clerk" shall mean the clerk of the city or county as the case may be 24 or the officer charged with the duties customarily imposed on such clerk. 25 (h) "Area of operation" shall mean the state of Idaho. 26 (i) "Slum" shall mean any area where dwellings predominate which, by rea- 27 son of dilapidation, overcrowding, lack of ventilation, light or sanitary 28 facilities or any combination of these factors, are detrimental to safety, 29 health or morals. 30 (j) "Person of low-income" means persons deemed by the association, 31 including those defined as "elderly" in the United States Housing Act of 1937 32 [42 U.S.C., sec. 1437--1437dd], as amended, to require assistance available 33 under this act on account of insufficient personal or family income, to pay 34 the rents or carrying charges required by the unaided operation of private 35 enterprise in providing an adequate supply of decent, safe and sanitary hous- 36 ing and in making such determination the association shall take into consider- 37 ation, without limitation, such factors as: 38 (1)tThe amount of the total income of such persons available for housing 39 needs,; 40 (2)tThe size of the family,; 41 (3)tThe cost and condition of housing facilities available,; 42 (4)sStandards established for various federal programs determining eli- 43 gibility based on income of such persons,; and 44 (5)tThe ability of such persons to compete successfully in the normal 45 housing market and to pay the amounts at which private enterprise is pro- 46 viding decent, safe and sanitary housing. 47 (k) "Bonds," "notes" or "bond anticipation notes," and "obligations" 48 shall mean any bonds, notes, interim certificates, debentures or other evi- 49 dences of financial indebtedness issued by the association pursuant to this 50 chapter. 51 (l) "Real property" shall include all lands, including improvements and 52 fixtures thereon, and property of any nature, appurtenant thereto, or used in 53 connection therewith, and every estate, interest and right, legal or equita- 54 ble, therein, including terms for years and liens by way of judgment, mortgage 55 or otherwise and the indebtedness secured by such liens. 4 1 (m) "Housing authority" or "authority" means a housing authority estab- 2 lished pursuant to the "housing authorities and cooperation law" constituting 3 chapter 19, title 50, Idaho Code. 4 (n) "Rent" shall mean the periodic payment made by a person of low-income 5 in a housing project whether such money is being used as rent, or for the 6 development of equity by such person. 7 (o) "Interim financing" means a short-term construction loan for planning 8 and/or development of residential housing for persons of low-income and other 9 persons which loan shall run until financing can be assumed through other fed- 10 eral, state or private financing. 11 (p) "Housing sponsor" means individuals, joint ventures, partnerships, 12 limited partnerships, public bodies, trusts, firms, associations, or other 13 legal entities or any combination thereof, and corporations, cooperatives, and 14 condominiums, approved by the association as qualified either to own, con- 15 struct, acquire, rehabilitate, operate, manage or maintain a housing project, 16 subject to the regulatory powers of the association and other terms and condi- 17 tions set forth in this chapter. A "housing sponsor" shall be either a 18 "limited profit" sponsor or a "nonprofit" sponsor. 19 (q) "Mortgage lender" means any bank or trust company, savings bank, 20 mortgage company, mortgage banker, credit union, national banking association, 21 savings and loan association, building and loan association, life insurance 22 company, and any other financial institution authorized to transact business 23 in the state. 24 (r) "Mortgage loan" means an interest-bearing obligation secured by a 25 deed of trust, a mortgage, bond, note, or other instrument which is a lien on 26 property in the state except in the case of loans insured by the federal hous- 27 ing administration or the association and which are made for the rehabilita- 28 tion or improvement of existing dwellings; in such case the loans need not be 29 secured by an instrument constituting a lien on property in the state. 30 (s) "Mixed income housing project" means a housing project which contains 31 dwellings occupied or to be occupied by persons of low-income constituting at 32 least twenty percent (20%) of such occupancy. 33 (t) "Facilities" means land, rights in land, buildings, structures, 34 equipment, landscaping, utilities, approaches, roadways and parking, handling 35 and storage areas, and portions of any of the foregoing and similar ancillary 36 facilities. 37 (u) "Nonprofit corporation" means a nonprofit corporation organized and 38 operating in accordance with Idaho law or a nonprofit corporation organized 39 and operating in accordance with comparable laws within another state or ter- 40 ritory of the United States. 41 (v) "Nonprofit facilities" means facilities owned or used by a nonprofit 42 corporation for a nonprofit purpose of the corporation; provided that facili- 43 ties for health facilities which may be funded pursuant to chapter 14, title 44 39, Idaho Code, shall not be included in this definition, except for such 45 health facilities as may be specifically approved by the Idaho health facili- 46 ties authority. 47 (w) "Project costs of a nonprofit facility" means costs of: 48 (1)aAcquisition, construction and improvement of any facilities included 49 in a nonprofit facility; 50 (2)aArchitectural, engineering, consulting, accounting and legal costs 51 related directly to the development, financing and construction of a non- 52 profit facility, including costs of studies assessing the feasibility of a 53 nonprofit facility; 54 (3)fFinance costs, including discounts, if any, the costs of issuing 55 bonds, and costs incurred in carrying out any provisions thereof; 5 1 (4)iInterest during construction and during the six (6) months after 2 estimated completion of construction, and capitalized debt service or 3 repair and replacement or other appropriate reserves; 4 (5)tThe refunding of any outstanding obligations incurred for any of the 5 costs outlined in this subsection; and 6 (6)oOther costs incidental to any of the costs listed in this section. 7 (x) "Agricultural facility or facilities" means land, any building or 8 other improvement thereon or thereto, to be owned by a beginning farmer or 9 rancher and any personal properties deemed necessary or suitable for use, 10 whether or not now in existence in farming or ranching, the production of 11 agricultural commodities, including, without limitation, the products of aqua- 12 culture, hydroponics and silviculture, or the treating, processing or storing 13 of such agricultural commodities when such activities are customarily engaged 14 in by beginning farmers or ranchers as a part of farming or ranching. 15 SECTION 3. That Section 67-6206, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-6206. POWERS OF ASSOCIATION. The housing and finance association is an 18 independent public body corporate and politic, exercising public and essential 19 governmental functions, and having all the powers which are hereby declared to 20 be public purposes necessary or convenient to carry out and effectuate the 21 purposes and provisions of this act, including the following powers in addi- 22 tion to others herein granted: 23 (a) To sue and to be sued; to have a seal and to alter the same at pleas- 24 ure; to have perpetual succession; to make and execute contracts and other 25 instruments necessary or convenient to the exercise of the powers of the asso- 26 ciation; and to make and from time to time amend and repeal bylaws, rules, not 27 inconsistent with this act, to carry into effect the powers and purposes of 28 the association. 29 (b) To conduct its operations within any or all of the counties of the 30 state. 31 (c) To cooperate with housing authorities throughout Idaho in the devel- 32 opment of housing projects. 33 (d) To assign priorities for action and revise or modify said priorities 34 from time to time. 35 (e) To make and execute agreements, contracts and other instruments nec- 36 essary or convenient in the exercise of the powers and functions of the asso- 37 ciation under this act, including contracts with any housing sponsor, mortgage 38 lender, person, firm, corporation, governmental agency, or other entity; and 39 to include in any contract let in connection with a project, stipulations 40 requiring that the contractor and any subcontractors comply with requirements 41 as to minimum wages and maximum hours of labor, and comply with any conditions 42 which the federal government may have attached to its financial aid of the 43 project and to designate mortgage lenders to act for and in behalf of the 44 association, with respect to originating or servicing and processing mortgage 45 loans of the association, and to pay the reasonable value of service rendered 46 to the association by such mortgage lenders pursuant to contracts with mort- 47 gage lenders. 48 (f) To lease, sell, construct, finance, reconstruct, restore, rehabili- 49 tate, operate or rent any housing projects, nonprofit facilities or any dwell- 50 ings, houses, accommodations, lands, buildings, structures or facilities 51 embraced in any housing project or nonprofit facilities and, subject to the 52 limitations contained in this act, to establish and revise the rents or 53 charges therefor. 6 1 (g) To own, hold and improve real or personal property; to purchase, 2 lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent 3 domain or otherwise, any real or personal property or any interest therein. 4 (h) To acquire any real property; to sell, lease, exchange, transfer, 5 assign, pledge or dispose of any real or personal property or any interest 6 therein. 7 (i) To insure or provide for the insurance of any real or personal prop- 8 erty or operation of the association against any risks or hazards, and to pro- 9 cure or agree to the procurement of insurance or guarantees from the federal 10 government or other source for the payment or purchase of any bonds or parts 11 thereof issued by the association, including the power to pay for any such 12 insurance or guarantees. 13 (j) To invest any funds held in reserves or sinking funds, or any funds 14 not required for immediate disbursement, in property or securities in which a 15 bank, as defined in the "bank act," title 26, Idaho Code, may legally invest 16 funds including without limitation, to agree to purchase the obligations of 17 any federal, state or local government upon such conditions as the association 18 may determine to be prudent and in its best interest. 19 (k) Within its area of operation: to investigate into living, dwelling 20 and housing conditions and into the means and methods of improving such condi- 21 tions; to determine where slum areas exist or where there is a shortage of 22 adequate, safe and sanitary dwelling accommodations for persons of low-income; 23 to make studies and recommendations relating to the problem of clearing, 24 replanning and reconstruction of slum areas and the problem of providing 25 dwelling accommodations for persons of low-income, and to cooperate with the 26 city, the county, the state or any political subdivision thereof in action 27 taken in connection with such problems; and to engage in research, studies and 28 experimentation on the subject of housing. 29 (l) To participate in cooperative ventures with any agencies, organiza- 30 tions and individuals in order to undertake the provision of housing for per- 31 sons of low-income,orto undertake the provision of nonprofit facilities or 32 agricultural facilities. 33 (m) To provide research and technical assistance to eligible agencies, 34 organizations and individuals eligible to develop low cost housing and to 35 research new low cost housing development and construction methods. 36 (n) To make and undertake commitments to make or participate in the mak- 37 ing of mortgage loans to persons of low-income and to housing sponsors, 38 including without limitation federally insured mortgage loans, and to make 39 temporary loans and advances in anticipation of permanent loans to housing 40 sponsors; said mortgage loans to housing sponsors shall be made to finance the 41 construction, improvement, or rehabilitation of housing projects for persons 42 of low-income, and/or mixed income housing projects upon the terms and condi- 43 tions set forth in this act; provided, however, that such loans shall be made 44 only upon the determination by the association that mortgage loans are not 45 otherwise available, wholly or in part, from private lenders upon reasonably 46 equivalent terms and conditions. 47 (o) To purchase, or make commitments to purchase or participate in the 48 purchase of mortgage loans from mortgage lenders which loans have been made 49 for the construction, improvement, or rehabilitation of housing projects for 50 persons of low-income and/or mixed income housing projects or loans which have 51 been made to persons of low-income for residential housing, upon terms set 52 forth in this act; provided, however, that any such purchase shall be made 53 only upon the determination by the association that the mortgage loans to be 54 made are not otherwise being made by mortgage lenders upon reasonably equiva- 55 lent terms and conditions. Also, to purchase, or make commitments to purchase 7 1 or participate in the purchase of mortgage loans from mortgage lenders whether 2 or not said loans were made to persons of low-income, upon terms set forth in 3 this act; provided, however, that the proceeds from such purchase or the 4 equivalent thereof shall be reinvested in obligations of the association, in 5 mortgage loans to persons of low-income or in mortgage loans for housing proj- 6 ects for persons of low-income and/or mixed income housing projects, and pro- 7 vided that any such purchase shall be made only upon the determination by the 8 association that the mortgage loans to be made are not otherwise being made by 9 mortgage lenders upon reasonably equivalent terms and conditions. 10 (p) To provide interim financing for housing projects including mixed 11 income housing projects approved by the association, provided that the associ- 12 ation has determined that such financing is not otherwise available from mort- 13 gage lenders upon reasonably equivalent terms and conditions. 14 (q) To prescribe rules and policies in connection with the performance of 15 its functions and duties. 16 (r) To do all other things deemed necessary and desirable to accomplish 17 the objectives of this act. 18 (s) To borrow money and issue bonds and notes or other obligations, to 19 invest the proceeds thereof in any lawful manner and to fund or refund the 20 same, and to provide for the rights of the holders of its obligations as pro- 21 vided in this act and in connection therewith, to waive, by resolution or 22 other document of the association, the exemption from federal income taxation 23 of interest on any of the association's obligations under existing or future 24 federal law and to establish, maintain and preserve the association's general 25 obligation rating and any rating on its bonds, notes or other obligations. 26 (t) To receive and accept aid or contributions from any source. 27 (u) To employ architects, engineers, attorneys, accountants, housing con- 28 struction and financial experts and such other advisors, consultants and 29 agents as may be necessary in its judgment and to fix their compensation. 30 (v) To insure mortgage payments of any mortgage loan made for the purpose 31 of constructing, rehabilitating, purchasing, leasing, or refinancing housing 32 projects upon such terms and conditions as the association may prescribe. 33 (w) To fix and revise from time to time and charge and collect fees and 34 charges in connection with loans made or other services provided by the asso- 35 ciation pursuant to this act, and to make and publish rules respecting the 36 making and purchase of mortgage loans. 37 (x) To organize a nonprofit corporation to assist the association in pro- 38 viding for housing projects. 39 (y) To enter upon and inspect any housing project, including housing 40 projects undertaken by housing sponsors, for the purpose of investigating the 41 physical and financial condition thereof, and its construction, rehabilita- 42 tion, operation, management and maintenance, and to examine all books and 43 records with respect to capitalization, income and other matters relating 44 thereto. 45 (z) To order such alterations, changes or repairs as may be necessary to 46 protect the security of its investment in a housing project or the health, 47 safety, and welfare of the occupants thereof. 48 (aa) To make or purchase secured loans for the purpose of providing tempo- 49 rary or permanent financing or refinancing of all or part of the project costs 50 of any nonprofit facility or agricultural facility, including the refunding of 51 any outstanding obligations, mortgages or advances issued, made or given by 52 any person for the project costs of a nonprofit facility or agricultural 53 facility; and to charge and collect interest on the loans for the loan pay- 54 ments upon such terms and conditions, including without limitation bond rating 55 and issuance conditions, as the board of commissioners considers advisable 8 1 which are not in conflict with this chapter. 2 (bb) As security for the payment of the principal of and interest on any 3 revenue bonds issued and any agreements made in connection therewith, to mort- 4 gage, pledge, or otherwise encumber any or all of nonprofit facilities or 5 agricultural facilities or any part or parts thereof, whether then owned or 6 thereafter acquired, and to assign any mortgage and repledge any security con- 7 veyed to the association, to secure any loan made by the association and to 8 pledge the revenues and receipts therefrom. 9 (cc) To issue bonds for the purpose of financing all or part of the proj- 10 ect cost on any nonprofit facility or agricultural facility and to secure the 11 payment of the bonds as provided in this chapter. 12 (dd) To purchase or sell by installment contract or otherwise, and convey 13 all or any part of any nonprofit facility or agricultural facility for such 14 purchase price and upon such terms and conditions as this board of commission- 15 ers considers advisable which are not in conflict with this chapter. 16 (ee) To lease all or any part of any nonprofit facility or agricultural 17 facility for such rentals and upon such terms and conditions, including 18 options to purchase, as the board of commissioners considers advisable and not 19 in conflict with this chapter. 20 (ff) To construct and maintain one (1) or more nonprofit facilities or 21 agricultural facilities, provided that the association shall not operate any 22 nonprofit facility or agricultural facility as a business other than as les- 23 sor, seller or lender. The purchase, holding and enforcing of mortgages, deeds 24 of trust, or other security interests and contracting for any servicing 25 thereof is not considered the operation of a nonprofit facility or agricul- 26 tural facility as a business. 27 (gg) To act as the designated housing resource clearinghouse in the state 28 for matters relating to affordable housing. 29 (hh) To coordinate the development and maintenance of a housing policy for 30 the state. 31 SECTION 4. That Section 67-6207A, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 67-6207A. ADDITIONAL POWERS. In addition to all other powers, the associ- 34 ation also shall have the following specific powers: 35 (a) To make and publish rules respecting making mortgage loans pursuant 36 to this act, the regulations of borrowers, housing sponsors, mortgage lenders, 37 and the construction of ancillary commercial facilities. 38 (b) To make rules respecting the qualifications for admission to housing 39 projects pursuant to this act. 40 (c) To invest in, purchase, sell, or to make commitments to purchase, and 41 take assignments from lenders, of notes and mortgages or other obligations 42 evidencing loans for housing projects,orloans for nonprofit facilities or 43 loans for agricultural facilities, at public or private sale, with or without 44 public bidding. 45 (d) To make loans to mortgage lenders under terms and conditions requir- 46 ing the proceeds thereof to be used by such mortgage lenders for the making of 47 new mortgage loans for housing projects. 48 (e) To enter into mortgage insurance agreements with mortgage lenders in 49 connection with the lending of money by such institutions for housing proj- 50 ects. 51 (f) Subject to any agreement with bondholders or noteholders, to collect, 52 enforce the collection of, and foreclose on any collateral securing its loans 53 to mortgage lenders and acquire or take possession of such collateral and sell 9 1 the same at public or private sale, with or without public bidding, and other- 2 wise deal with such collateral as may be necessary to protect the interest of 3 the association therein. 4 SECTION 5. That Section 67-6223, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 67-6223. BORROWING POWER -- FINANCIAL ASSISTANCE -- COOPERATION WITH 7 STATE AND FEDERAL GOVERNMENT. In addition to the powers conferred upon the 8 association by other provisions of this act, the association is empowered to 9 administer any other state or federal assistance program including without 10 limitation all tax credit programs and block grants and to borrow money or 11 accept contributions, grants or other financial assistance from the state or 12 federal government for or in aid of any housing project,ornonprofit facility 13 or agricultural facility within its area of operation, to take over or lease 14 or manage any housing project,ornonprofit facility or agricultural facility 15 or undertaking constructed or owned by the federal government, and to these 16 ends, to comply with such conditions and to make such trust indentures, leases 17 or agreements as may be necessary, convenient or desirable. It is the purpose 18 and intent of this act to authorize the association to do any and all things 19 necessary or desirable to secure the financial aid or cooperation of the state 20 or federal government in the undertaking, construction, maintenance or opera- 21 tion of any housing project,ornonprofit facility or agricultural facility by 22 the association. The association is specifically authorized to work with the 23 Idaho department of agriculture in connection with any loan for an agricul- 24 tural facility and the Idaho department of agriculture shall assist in the 25 provisions of such loans. 26 SECTION 6. An emergency existing therefor, which emergency is hereby 27 declared to exist, this act shall be in full force and effect on and after its 28 passage and approval.
STATEMENT OF PURPOSE RS10219 This proposed legislation relates to the Idaho Housing and Finance Association to amend Idaho Code to include assistance to beginning farmers and ranchers for agricultural facilities as public purposes. To provide powers relating to the financing of agricultural facilities, to provide for loans for agricultural facilities and to provide for authority to receive state or federal assistance for agricultural facilities and for cooperation with the Idaho Department of Agriculture. FISCAL IMPACT The proposed legislation should impose a fiscal impact of approximately $10,000.00. Contact Name: John Sandy Phone: (208) 332-1305 Statement of Purpose/Fiscal Impact Statement BillNo. S 1536 REVISED REVISED REVISED