2000 Legislation
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SENATE BILL NO. 1542 – Nonprofit agency, IHFA


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S1542......................................................by STATE AFFAIRS
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

Bill Text

  ||||              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
  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.
  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
  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 / Fiscal Impact

                 STATEMENT OF PURPOSE

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 
         Representatives: Gagner and Judd 
         John Franden: Boise State University 
         Marty Peterson: University of Idaho