2001 Legislation
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HOUSE BILL NO. 351 – County housing authority, projects

HOUSE BILL NO. 351

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H0351......................................................by STATE AFFAIRS
COUNTY HOUSING AUTHORITIES - Amends existing law to revise definitions; to
provide that a county housing authority may continue to own and operate
housing projects for which it has become financially obligated within a
city that creates a housing authority; to provide additional powers of
county housing authorities; to authorize the county to lend money to a
county housing authority; to provide for reimbursement to the county; to
provide for repayment of bonds; to authorize the housing authority to
pledge any income or revenues or a mortgage of any housing project or other
property of the authority; to provide for a mortgage of the authority's
real or personal property to secure the payment of bonds; to delete
limitations on the power of an authority to mortgage its own property; and
to provide that a county housing authority may continue to own and operate
housing projects, for which it has become financially obligated, within a
city or area annexed by a city after the city creates a housing authority
or the area is annexed by a city which has a housing authority.
                                                                        
03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to Loc Gov
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Loertscher, Schaefer
    Floor Sponsor -- Sellman
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Loc Gov
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Branch, Brandt, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Stennett, Thorne,
      Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Boatright, Lodge, Sorensen, Stegner, Wheeler
    Floor Sponsor -- Bunderson
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/26    Pres signed - to Governor
03/28    Governor signed
         Session Law Chapter 260
         Effective: 03/29/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 351
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COUNTY HOUSING AUTHORITIES; AMENDING SECTION 31-4203, IDAHO  CODE,
  3        TO REVISE DEFINITIONS, TO PROVIDE THAT A COUNTY HOUSING AUTHORITY MAY CON-
  4        TINUE  TO  OWN AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS BECOME FINAN-
  5        CIALLY OBLIGATED WITHIN A CITY THAT CREATES A HOUSING AUTHORITY OR  WITHIN
  6        AN AREA ANNEXED BY A CITY THAT HAS CREATED OR SUBSEQUENTLY CREATES A HOUS-
  7        ING AUTHORITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4204,
  8        IDAHO CODE, TO PROVIDE ADDITIONAL POWERS OF COUNTY HOUSING AUTHORITIES AND
  9        TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 31-4209, IDAHO CODE, TO
 10        AUTHORIZE THE COUNTY TO LEND MONEY TO A COUNTY HOUSING  AUTHORITY  AND  TO
 11        PROVIDE  FOR  REIMBURSEMENT TO THE COUNTY; AMENDING SECTION 31-4216, IDAHO
 12        CODE, TO PROVIDE THAT BONDS MAY BE REPAID FROM ALL OR PART OF THE  HOUSING
 13        AUTHORITY'S  REVENUES  OR  ASSETS  GENERALLY  AND TO AUTHORIZE THE HOUSING
 14        AUTHORITY TO PLEDGE ANY INCOME OR REVENUES OR A MORTGAGE  OF  ANY  HOUSING
 15        PROJECT  OR  OTHER PROPERTY OF THE AUTHORITY AND TO MAKE TECHNICAL CORREC-
 16        TIONS; AMENDING SECTION 31-4218, IDAHO CODE, TO PROVIDE FOR A MORTGAGE  OF
 17        THE  AUTHORITY'S  REAL OR PERSONAL PROPERTY TO SECURE THE PAYMENT OF BONDS
 18        OR OTHER OBLIGATIONS; AMENDING SECTION 31-4224, IDAHO CODE, TO DELETE LIM-
 19        ITATIONS ON THE POWER OF AN AUTHORITY TO MORTGAGE ITS OWN PROPERTY; AMEND-
 20        ING SECTION 50-1903, IDAHO CODE, TO PROVIDE THAT A COUNTY HOUSING  AUTHOR-
 21        ITY  MAY  CONTINUE  TO  OWN  AND OPERATE HOUSING PROJECTS FOR WHICH IT HAS
 22        BECOME FINANCIALLY OBLIGATED WITHIN A CITY OR AREA ANNEXED BY A CITY AFTER
 23        THE CITY CREATES A HOUSING AUTHORITY OR THE AREA  IS  ANNEXED  BY  A  CITY
 24        WHICH  HAS  A  HOUSING  AUTHORITY  AND  TO MAKE TECHNICAL CORRECTIONS; AND
 25        DECLARING AN EMERGENCY.
                                                                        
 26    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 27        SECTION 1.  That Section 31-4203, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        31-4203.  DEFINITIONS.  The  following terms, wherever used or referred to
 30    in this chapter, shall have the following respective meanings, unless  a  dif-
 31    ferent meaning clearly appears from the context:
 32        (a)  "Authority"  or  "Hhousing  Aauthority"  shall mean any of the public
 33    corporations created by section 31-4205, Idaho Code.
 34        (b)  "Housing project" shall mean any work or undertaking:
 35        (1)  tTo demolish, clear or remove buildings from any slum area; such work
 36        or undertaking may embrace the adoption of such area to  public  purposes,
 37        including parks or other recreational or community pruposes purposes; or
 38        (2)  tTo  provide  decent,  safe  and  sanitary  urban or rural dwellings,
 39        apartments or other living accommodations for persons of low income;  such
 40        work or undertaking may include buildings, land, equipment, facilities and
 41        other  real  or  personal  property for necessary, convenient or desirable
 42        appurtenances, roads, sewers, water service, parks, site preparation, gar-
 43        dening, administrative, community, health, recreational, welfare or  other
                                                                        
                                           2
                                                                        
  1        purposes; or
  2        (3)  tTo accomplish a combination of the foregoing.
  3        The  term  "Hhousing  project"  also may be applied to the planning of the
  4    buildings and improvements, the acquisition of  property,  the  demolition  of
  5    existing  structures,  the construction, reconstruction, alteration and repair
  6    of the improvements and all other work in connection therewith; to  buildings,
  7    and the land, equipment, facilities and other real or personal property, which
  8    do  not  contain  dwelling units or other living accommodations for persons of
  9    low income when such buildings are  utilized  for  administrative,  community,
 10    health,  recreational,  welfare or other purposes by or for low-income persons
 11    or senior citizens, and redevelopment projects carried out by an authority  at
 12    the  request  of  local  government  when such projects include dwelling units
 13    which are sold or rented to persons of low income.
 14        (c)  "Governing body" shall mean  the  council,  board  of  commissioners,
 15    board  of  trustees  or  other body having charge of the fiscal affairs of the
 16    state public body.
 17        (d)  "Federal government" shall include the United States of America,  the
 18    United  States  department  of housing authority and urban development, or any
 19    other agency of or instrumentality, corporate  or  otherwise,  of  the  United
 20    States of America.
 21        (e)  "County"  or  "counties"  shall  include all counties in the state of
 22    Idaho as designated in chapter 1, title 31, Idaho Code.
 23        (f)  "Clerk" shall mean the county clerk or the officer charged  with  the
 24    duties customarily imposed on such clerk.
 25        (g)  "Area  of  operation"  shall mean the entire county except within the
 26    corporate limits of cities in the county which have  presently,  or  hereafter
 27    create,  a  housing authority under title 50, chapter 19, Idaho Code; provided
 28    however, that a county housing authority may continue to own and  operate  any
 29    housing project for which it has become financially obligated which is located
 30    in  a  city  that subsequently creates a housing authority or is located in an
 31    area annexed by a city that has created  or  subsequently  creates  a  housing
 32    authority.
 33        (h)  "Slum" shall mean any area where dwellings predominate which, by rea-
 34    son  of  dilapidation,  overcrowding,  lack  of ventilation, light or sanitary
 35    facilities or any combination of these factors,  are  detrimental  to  safety,
 36    health or morals.
 37        (i)  "Person  of  low  income" shall mean persons or families who lack the
 38    amount of income which is necessary, (as determined by the authority undertak-
 39    ing the housing project), to enable them,  without  financial  assistance,  to
 40    live in decent, safe and sanitary dwellings without overcrowding.
 41        (j)  "Bonds" shall mean any bonds, notes, interim certificates, debentures
 42    or other obligations issued by an authority pursuant to this chapter.
 43        (k)  "Real  property"  shall include all lands, including improvements and
 44    fixtures thereon, and property of any nature, appurtenant thereto, or used  in
 45    connection  therewith,  and every estate, interest and right, legal or equita-
 46    ble, therein, including terms for years and liens by way of judgment, mortgage
 47    or otherwise and the indebtedness secured by such liens.
 48        (l)  "Obligee of the authority" or "obligee" shall include any bondholder,
 49    trustee or trustees for any bondholders, or lessors demising, to  the  author-
 50    ity,  property  used  in connection with a housing project, or any assignee or
 51    assignees of such lessor's interest or any part thereof, and the federal  gov-
 52    ernment when it is a party to any contract with the authority.
                                                                        
 53        SECTION  2.  That  Section 31-4204, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
                                                                        
                                           3
                                                                        
  1        31-4204.  POWERS OF AUTHORITY. A housing  authority  shall  constitute  an
  2    independent public body corporate and politic, exercising public and essential
  3    governmental  functions,  and having all the powers necessary or convenient to
  4    carry out and effectuate the purposes and provisions of  this  act,  including
  5    the following powers in addition to others herein granted:
  6        (a)  To sue and to be sued; to have a seal and to alter the same at pleas-
  7    ure;  to  have  perpetual  succession; to make and execute contracts and other
  8    instruments necessary or convenient to the  exercise  of  the  powers  of  the
  9    authority,  including the power to contract with other housing authorities for
 10    services; and to make and from time to time amend and repeal bylaws, rules and
 11    regulations, not inconsistent with this act chapter, to carry into effect  the
 12    powers and purposes of the authority.
 13        (b)  Within  the  area of operation: to prepare, carry out, acquire, lease
 14    and operate housing projects; to provide for the construction, reconstruction,
 15    improvement, alteration or repair of any housing project or any part thereof.
 16        (c)  To arrange or contract for the furnishing by any  person  or  agency,
 17    public  or  private,  of  services, privileges, works or facilities for, or in
 18    connection with, a housing project or the  occupants  thereof;  and,  notwith-
 19    standing  anything  to  the  contrary  contained in this act chapter or in any
 20    other provision of law, to include in any contract let in  connection  with  a
 21    project,  stipulations  requiring  that  the contractor and any subcontractors
 22    comply with requirements as to minimum wages and maximum hours of  labor,  and
 23    comply  with  any conditions which the federal government may have attached to
 24    its financial aid of the project.
 25        (d)  To lease or rent any dwellings, houses, accommodations, lands, build-
 26    ings, structures or facilities embraced in any housing project and, subject to
 27    the limitations contained in this act chapter, to  establish  and  revise  the
 28    rents or charges therefor; to own, hold and improve real or personal property;
 29    to  purchase,  lease,  obtain  options  upon, acquire by gift, grant, bequest,
 30    devise or otherwise, any real or personal property or any interest therein; to
 31    acquire, by the exercise of the power of eminent domain, any real property; to
 32    sell, lease, exchange, transfer, assign, pledge or dispose of any real or per-
 33    sonal property or any interest therein; to insure or provide for the insurance
 34    of any real or personal property or operation  of the  authority  against  any
 35    risks or hazards; to procure or agree to the procurement of insurance or guar-
 36    antees  from  the  federal  government  of  the  payment of any bonds or parts
 37    thereof issued by an authority, including the power to pay   premiums  on  any
 38    such insurance; to rent or sell and to agree to rent or sell dwellings forming
 39    part  of the housing projects to or for persons of low income. Where an agree-
 40    ment or option is made to sell a dwelling to  a  person  of  low  income,  the
 41    authority may convey the dwelling to the person upon fulfillment of the agree-
 42    ment  irrespective  of  whether  the person is at the time of the conveyance a
 43    person of low income. Leases, options, agreements or conveyances  may  include
 44    such covenants as the authority deems appropriate to assure the achievement of
 45    the objectives of this chapter.
 46        (e)  To  invest  any funds held in reserves or sinking funds, or any funds
 47    not required for immediate disbursement, in property or  securities  in  which
 48    banks  may legally invest funds, subject to the control of the housing author-
 49    ity; to purchase its own bonds at a price not more than the  principal  amount
 50    thereof  and  accrued  interest, and all bonds so purchased shall be cancelled
 51    canceled.
 52        (f)  Within its area of operation: to investigate  into  living,  dwelling
 53    and housing conditions and into the means and methods of improving such condi-
 54    tions;  to  determine  where  slum areas exist or where there is a shortage of
 55    adequate, safe and sanitary dwelling accommodations for persons of low income;
                                                                        
                                           4
                                                                        
  1    to make studies and recommendations  relating  to  the  problem  of  clearing,
  2    replanning  and  reconstruction  of  slum  areas  and the problem of providing
  3    dwelling accommodations for persons of low income, and to cooperate  with  the
  4    city,  the  county,  the  state or any political subdivision thereof in action
  5    taken in connection with such problems; and to engage in research, studies and
  6    experimentation on the subject of housing.
  7        (g)  Acting through one (1) or more commissioners or other person or  per-
  8    sons  designated  by the authority, to conduct examinations and investigations
  9    and to hear testimony and take proof, under oath, at public or  private  hear-
 10    ings  on  any  matter material for its information; to administer oaths, issue
 11    subpoenas requiring attendance of witnesses or the  production  of  books  and
 12    papers, and to issue commissions for the examination of witnesses who are out-
 13    side  of  the  state or unable to attend before the authority, or excused from
 14    attendance; to  make  available,  to  appropriate  agencies  (including  those
 15    charged  with  the duty of abating or requiring the correction of nuisances or
 16    like conditions, or of demolishing unsafe or insanitary structures within  its
 17    area of operation), its findings and recommendations with regard to any build-
 18    ing  or  property  where  conditions  exist  which are dangerous to the public
 19    health, morals, safety or welfare.
 20        (h)  To make, purchase, participate in, invest in, take assignments of, or
 21    otherwise acquire loans to persons of low income to enable  them  to  acquire,
 22    construct, reconstruct, rehabilitate, improve, lease or refinance their dwell-
 23    ings, and to take such security therefor as is deemed necessary and prudent by
 24    the authority.
 25        (i)  To make, purchase, participate in, invest in, take assignments of, or
 26    otherwise  acquire  loans  for  the acquisition, construction, reconstruction,
 27    rehabilitation, improvement, leasing or  refinancing  of  land,  buildings  or
 28    developments  for housing for persons of low income. For purposes of this sub-
 29    section, development shall include either land or buildings or both.
 30        (j)  Any housing project shall be subject  to  the  requirement  that  the
 31    dwelling  units  made  available to persons of low income, together with func-
 32    tionally related and subordinate facilities, shall occupy at least thirty per-
 33    cent (30%) of the interior space of  any  individual  building  other  than  a
 34    detached  single-family  or  duplex residential building or mobile or manufac-
 35    tured home and shall occupy at least fifty percent (50%) of the  total  number
 36    of  units  in  the development, whichever produces the greater number of units
 37    for persons of low income. For mobile or manufactured home parks,  the  mobile
 38    or  manufactured home lots made available to persons of low income shall be at
 39    least fifty percent (50%) of the total number of mobile or  manufactured  home
 40    lots in the park.
 41        (k)  To exercise all or any part or combination of powers herein granted.
                                                                        
 42        SECTION  3.  That  Section 31-4209, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        31-4209.  DONATIONS BY COUNTY. Any county, in which  a  housing  authority
 45    has  been  created, shall have the power, from time to time, to lend or donate
 46    money to such authority or to agree to take such  action;  provided,  however,
 47    that  nothing  contained  in  this  provision or in any other provision of law
 48    shall be construed as authorizing the state or any state public body  to  give
 49    credit  or  make  loans  to  when  a housing authority has the money available
 50    therefor it shall make reimbursement for all such loans made to it.
                                                                        
 51        SECTION 4.  That Section 31-4216, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        31-4216.  BOND  ISSUES. An authority shall have power to issue bonds, from
  2    time to time, in its discretion, for any of its corporate purposes. An author-
  3    ity shall also have power to issue refunding bonds for the purpose  of  paying
  4    or  retiring bonds previously issued by it. In order to carry out the purposes
  5    of this act chapter, an authority may issue, upon proper resolution, bonds  on
  6    which the principal and interest are payable:
  7        (a)  eExclusively  from  the  income  and  revenue  of  a  housing project
  8    financed with the proceeds of such bonds,; or
  9        (b)  eExclusively from such income and revenues together with  grants  and
 10    contributions from the federal government or other source in aid of such proj-
 11    ect; or
 12        (c)  From all or part of its revenues or assets generally.
 13        Any  such  bonds  may be additionally secured by a pledge of any income or
 14    revenues of the authority, or a mortgage of any housing project,  projects  or
 15    other  property  of  the  authority. Any pledge made by the authority shall be
 16    valid and binding from the time when the pledge is made and recorded; the rev-
 17    enues, moneys or property so pledged and thereafter received by the  authority
 18    shall  immediately  be  subject to the lien of the pledge without any physical
 19    delivery thereof or further act, and the lien of  any  such  pledge  shall  be
 20    valid  and  binding  as against all parties having claims of any kind in tort,
 21    contract or otherwise against the authority, irrespective of whether the  par-
 22    ties have notice thereof.
 23        Neither  the  commissioners  of any authority nor any person executing the
 24    bonds shall be liable personally on  the  bonds  by  reason  of  the  issuance
 25    thereof.  The bonds and other obligations of an authority shall state on their
 26    face that they shall not be a debt of the county, the state or  any  political
 27    subdivision thereof and neither the county, the state nor any political subdi-
 28    vision  thereof  shall be liable thereon, nor in any event shall such bonds or
 29    obligations be payable out of any funds other than those  of  said  authority.
 30    Bonds  of  an  authority are declared to be issued for an essential public and
 31    governmental purpose and to be public  instrumentalities  and,  together  with
 32    interest thereon and income therefrom, shall be exempt from taxes.
                                                                        
 33        SECTION  5.  That  Section 31-4218, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        31-4218.  POWERS TO SECURE PAYMENT OF BONDS. In connection with the  issu-
 36    ance  of  bonds  or  the incurring of obligations under leases and in order to
 37    secure the payment of such bonds or obligations, an authority, in addition  to
 38    its other powers, shall have power:
 39        (a)  To pledge all or any part of its gross or net rents, fees or revenues
 40    to which its right then exists or may thereafter come into existence.
 41        (b)  To  mortgage  all  or  any part of its real or personal property then
 42    owned or thereafter acquired.
 43        (c)  To covenant against pledging all or any part of its rents,  fees  and
 44    revenues,  or  against  permitting  or  suffering any lien on such revenues or
 45    property; to covenant with respect to limitations on its right to sell,  lease
 46    or  otherwise dispose of any housing project or any part thereof; and to cove-
 47    nant as to what other, or additional debts or obligations may be  incurred  by
 48    it.
 49        (cd)  To  covenant  as to the bonds to be issued and as to the issuance of
 50    such bonds in escrow or otherwise, and as to the use and  disposition  of  the
 51    proceeds  thereof;  to provide for the replacement of lost, destroyed or muti-
 52    lated bonds; to covenant against extending the time for  the  payment  of  its
 53    bonds  or  interest  thereon; and to redeem the bonds, and to covenant for the
                                                                        
                                           6
                                                                        
  1    redemption and to provide the terms and conditions thereof.
  2        (de)  To covenant, subject to the limitations contained in this act, as to
  3    the rents and fees to be charged in the operation  of  a  housing  project  or
  4    projects,  the amount to be raised each year or other period of time by rents,
  5    fees and other revenues, and as to the use and disposition to be made thereof;
  6    to create or to authorize the creation of special funds for  moneys  held  for
  7    construction or operating costs, debt service, reserves or other purposes, and
  8    to covenant as to the use and disposition of the moneys held in such funds.
  9        (ef)  To  prescribe  the procedure, if any, by which the terms of any con-
 10    tract with bondholders may be amended or abrogated, the amount  of  bonds  the
 11    holders of which must consent thereto and the manner in which such consent may
 12    be given.
 13        (fg)  To  covenant  as  to  the  use of any or all of its real or personal
 14    property; and to covenant as to the maintenance of its real and personal prop-
 15    erty, the replacement  thereof, the insurance to be carried  thereon  and  the
 16    use and disposition of insurance moneys.
 17        (gh)  To covenant as to the rights, liabilities, powers and duties arising
 18    upon  the  breach by it of any covenant, condition or obligation; and to cove-
 19    nant and prescribe as to default and terms and conditions upon  which  any  or
 20    all  of  its  bonds  or obligations shall become or may be declared due before
 21    maturity, and to the terms and conditions upon which such declaration and  its
 22    consequences may be waived.
 23        (hi)  To  vest, in trustee or trustees or the holders of bonds or any pro-
 24    portion of them, the right to enforce the payment of the bonds  or  any  cove-
 25    nants  securing or relating to the bonds; to vest in a trustee or trustees the
 26    right, in the event of a default by said authority, to take possession of  any
 27    housing project or part thereof, and, so long as said authority shall continue
 28    in  default,  to retain such possession and use, operate and manage said proj-
 29    ect, and to collect the rents and revenues arising therefrom and to dispose of
 30    such moneys in accordance with  the  agreement  of  the  authority  with  said
 31    trustee,  to provide for the powers and duties of a trustee or trustees and to
 32    limit the liabilities thereof; and to provide the terms  and  conditions  upon
 33    which  the  trustee  or  trustees or the holders of bonds or any proportion of
 34    them may enforce any covenant or rights securing or relating to the bonds.
 35        (ij)  To exercise all or any part or  combination  of  the  powers  herein
 36    granted;  to make covenants other than and in addition to the covenants herein
 37    expressly authorized, of like or different character; to make  such  covenants
 38    as will tend to make the bonds more marketable, notwithstanding that such cov-
 39    enants, acts or things may not be enumerated herein.
                                                                        
 40        SECTION  6.  That  Section 31-4224, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        31-4224.  LIMITATIONS ON POWER OF AUTHORITY. Nothing in this  act  chapter
 43    or any other law shall be construed as authorizing a housing authority to levy
 44    or  collect  taxes  or  assessments, to create any indebtedness payable out of
 45    taxes or assessments, or in any manner to pledge the credit of the county, the
 46    state or any subdivision thereof; nor shall any provision of this act or other
 47    law be construed as authorizing a housing authority to mortgage  or  otherwise
 48    encumber  property  of  any  kind,  real,  personal, or mixed, or any interest
 49    therein, but this section shall not be construed as preventing the  pledge  of
 50    the revenues of a housing authority as authorized in this act.
                                                                        
 51        SECTION  7.  That  Section 50-1903, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        50-1903.  DEFINITIONS. The following terms, wherever used or  referred  to
  2    in  this  chapter, shall have the following respective meanings, unless a dif-
  3    ferent meaning clearly appears from the context:
  4        (a)  "Authority" or "housing authority" shall mean any of the public  cor-
  5    porations  created by section 59-1905 50-1905, Idaho Code.
  6        (b)  "Housing  project"  shall mean any work or undertaking: (1) to demol-
  7    ish, clear or remove buildings from any slum area; such  work  or  undertaking
  8    may  embrace  the adoption of such area to public purposes, including parks or
  9    other recreational or community purposes; or (2) to provide decent,  safe  and
 10    sanitary  urban  or rural dwellings, apartments or other living accommodations
 11    for persons of low income; such work or  undertaking  may  include  buildings,
 12    land, equipment, facilities and other real or personal property for necessary,
 13    convenient  or desirable appurtenances, streets, sewers, water service, parks,
 14    site preparation, gardening, administrative, community, health,  recreational,
 15    welfare  or  other purposes; or (3) to accomplish a combination of the forego-
 16    ing. The term "Hhousing project" also may be applied to the  planning  of  the
 17    buildings  and  improvements,  the  acquisition of property, the demolition of
 18    existing structures, the construction, reconstruction, alteration  and  repair
 19    of  the improvements and all other work in connection therewith; to buildings,
 20    and the land, equipment, facilities and other real or personal property, which
 21    do not contain dwelling units or other living accommodations  for  persons  of
 22    low  income  when  such  buildings are utilized for administrative, community,
 23    health, recreational, welfare or other purposes by or for  low-income  persons
 24    or  senior citizens, and redevelopment projects carried out by an authority at
 25    the request of local government when  such  projects  include  dwelling  units
 26    which are sold or rented to persons of low income.
 27        (c)  "Governing body" shall mean the city council, board of commissioners,
 28    board  of  trustees  or  other body having charge of the fiscal affairs of the
 29    state public body.
 30        (d)  "Federal government" shall include the United States of America,  the
 31    United States department of housing and urban development, or any other agency
 32    or instrumentality, corporate or otherwise, of the United States of America.
 33        (e)  "City" shall mean any city in the state of Idaho, including each city
 34    having  a  special  charter.  "The  city" shall include those having a special
 35    charter and shall mean the particular city  for  which  a  particular  housing
 36    authority is created.
 37        (f)  "Clerk"  shall mean the clerk of the city or the officer charged with
 38    the duties customarily imposed on such clerk.
 39        (g)  "Area of operation" shall include the city and the area  within  five
 40    (5)  miles  of the territorial boundaries thereof; provided, however, that the
 41    area of operation of a housing authority of any city  shall  not  include  any
 42    area which lies within the territorial boundaries of some other city as herein
 43    defined. Provided however, that a county housing authority may continue to own
 44    and  operate any housing project for which it has become financially obligated
 45    which is located in a city that subsequently creates a housing authority or in
 46    an area annexed by a city that has or subsequently creates a  housing  author-
 47    ity.
 48        (h)  "Slum" shall mean any area where dwellings predominate which, by rea-
 49    son  of  dilapidation,  overcrowding,  lack  of ventilation, light or sanitary
 50    facilities or any combination of these factors,  are  detrimental  to  safety,
 51    health or morals.
 52        (i)  "Person  of  low  income" shall mean persons or families who lack the
 53    amount of income which is necessary, (as determined by the authority undertak-
 54    ing the housing project), to enable them,  without  financial  assistance,  to
 55    live in decent, safe and sanitary dwellings without overcrowding.
                                                                        
                                           8
                                                                        
  1        (j)  "Bonds" shall mean any bonds, notes, interim certificates, debentures
  2    or other obligations issued by an authority pursuant to this chapter.
  3        (k)  "Real  property"  shall include all lands, including improvements and
  4    fixtures thereon, and property of any nature, appurtenant thereto, or used  in
  5    connection  therewith,  and every estate, interest and right, legal or equita-
  6    ble, therein, including terms for years and liens by way of judgment, mortgage
  7    or otherwise and the indebtedness secured by such liens.
  8        (l)  "Obligee of the authority" or  "Oobligee"  shall  include  any  bond-
  9    holder,  trustee  or trustees for any bondholders, or lessors demising, to the
 10    authority, property used in connection with a housing project, or any assignee
 11    or assignees of such lessor's interest or any part thereof,  and  the  federal
 12    government when it is a party to any contract with the authority.
                                                                        
 13        SECTION  8.  An  emergency  existing  therefor,  which emergency is hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 11110

Amends existing law to clarify that county housing authorities may 
continue to own and operate housing projects within a city after a 
city either annexes unincorporated county area containing the project 
or creates a city housing authority covering an area in which a county 
has a project; makes technical corrections to county housing authority 
laws; brings county housing authority statutes into conformity with 
city housing authority statutes; and adds development authority to 
county housing authorities which was granted city housing authorities 
in 1993 by providing that bonds issued for statutory purposes may be 
repaid from all or part of the housing authority’s revenue, by 
authorizing a county housing authority to mortgage a housing project 
or other property of the authority, and finally by authorizing the 
pledge of income, revenues, or mortgages of a county housing authority 
to repay bonds; and amends county housing laws to require certain 
minimum percentages of a project be available to persons of low 
income.



FISCAL IMPACT

There is no fiscal impact to any State or Local government entity.





Contact
Name:	Deanna Watson
Phone:	208/363-9714
	



STATEMENT OF PURPOSE/FISCAL NOTE		H 351