2004 Legislation
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HOUSE BILL NO. 524 – Banking, loans/extensions of credit

HOUSE BILL NO. 524

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Bill Status



H0524aaS........................................................by BUSINESS
BANKING - LOANS/EXTENSIONS OF CREDIT - Amends and repeals existing law
relating to banking to revise definitions; to revise provisions applicable
to real estate loans offered by banks; to repeal sections applicable to
mortgage insurance, government guaranteed loans, commercial loans and
construction loans; to provide that the total loans and extensions of
credit to persons shall be limited; to provide that certain items do not
constitute loans or extensions of credit; to exempt certain loans or
extensions of credit from lending limits; to provide for the combination of
loans or extensions of credit under certain outlined conditions; to provide
for calculation of lending limits; to set forth conditions under which
loans shall be considered nonconforming; and to provide that banks shall
not invest in certain real estate holdings in amounts greater than fifty
percent of the capital structure of the bank.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Bus
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, McGeachin
    Floor Sponsor - Meyer
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Com/HuRes
02/20    Rpt out - to 14th Ord
03/02    Rpt out amen - to 1st rdg as amen
03/03    1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt
    Floor Sponsor - Cameron
    Title apvd - to House
03/11    House concurred in Senate amens - to engros
03/12    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 66-0-4
      AYES -- Andersen, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barraclough, Eskridge, McKague, Snodgrass
    Floor Sponsor - Meyer
    Title apvd - to enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 159
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 524
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BANKS AND BANKING; AMENDING SECTION 26-106, IDAHO CODE, TO  REVISE
  3        DEFINITIONS  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 26-703,
  4        IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO REAL ESTATE  LOANS  OFFERED
  5        BY  BANKS;  REPEALING  SECTIONS  26-704,  26-705, 26-706 AND 26-707, IDAHO
  6        CODE, RELATING TO MORTGAGE INSURANCE, GOVERNMENT GUARANTEED LOANS, COMMER-
  7        CIAL LOANS AND CONSTRUCTION LOANS; AMENDING SECTION 26-708, IDAHO CODE, TO
  8        REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SEC-
  9        TION  26-709,  IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THAT THE
 10        TOTAL LOANS AND EXTENSIONS OF CREDIT  TO  PERSONS  SHALL  BE  LIMITED,  TO
 11        DEFINE  "LOANS AND EXTENSIONS OF CREDIT," TO PROVIDE THAT CERTAIN ITEMS DO
 12        NOT CONSTITUTE LOANS OR EXTENSIONS OF CREDIT, TO EXEMPT CERTAIN  LOANS  OR
 13        EXTENSIONS  OF  CREDIT FROM LENDING LIMITS, TO PROVIDE FOR THE COMBINATION
 14        OF LOANS OR EXTENSIONS OF CREDIT UNDER  CERTAIN  OUTLINED  CONDITIONS,  TO
 15        DEFINE  TERMS,  TO PROVIDE FOR CALCULATION OF LENDING LIMITS, TO SET FORTH
 16        CONDITIONS UNDER WHICH LOANS SHALL BE CONSIDERED NONCONFORMING, TO PROVIDE
 17        CORRECT TERMINOLOGY AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 18        26-710,  IDAHO  CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 26-711,
 19        IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE THAT BANKS SHALL NOT
 20        INVEST IN CERTAIN REAL ESTATE HOLDINGS IN AMOUNTS GREATER THAN FIFTY  PER-
 21        CENT  OF THE CAPITAL STRUCTURE OF THE BANK AND TO MAKE A TECHNICAL CORREC-
 22        TION; AMENDING SECTIONS 26-712, 26-713, 26-714, 26-715 AND  26-716,  IDAHO
 23        CODE, TO REDESIGNATE THE SECTIONS; AMENDING SECTION 26-717, IDAHO CODE, TO
 24        REDESIGNATE  THE  SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 25        TIONS 26-718 AND 26-719, IDAHO CODE, TO REDESIGNATE THE SECTIONS;   AMEND-
 26        ING  SECTION  26-801,  IDAHO  CODE, TO REVISE TERMINOLOGY REFERRING TO THE
 27        CAPITAL STRUCTURE OF BANKS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
 28        SECTION 26-107, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  That Section 26-106, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        26-106.  DEFINITIONS.  As  used in this act, unless the context or subject
 33    matter otherwise requires:
 34        (1)  "Bank" means any person engaged in soliciting, receiving or accepting
 35    money or its equivalent on deposit as a regular business whether or  not  such
 36    deposit, however evidenced, is made subject to check or draft or other order.
 37        (2)  "Banking  business"  means  the soliciting, receiving or accepting of
 38    money or its equivalent on deposit as a regular business whether such  deposit
 39    is made subject to check or draft or is evidenced by a certificate of deposit,
 40    a passbook, a note, a receipt, or other writing; provided, that nothing herein
 41    shall  apply to or include money or its equivalent left in escrow or left with
 42    an agent pending investment in real estate or securities for or on account  of
 43    his principal.
                                                                        
                                           2
                                                                        
  1        (3)  "Banking facility" means a place of business of a bank which performs
  2    activities limited to:
  3        (a)  tTaking  applications for loans, accepting deposits, issuing receipts
  4        therefor, and transmitting such deposits  to  the  bank  maintaining  such
  5        facility;
  6        (b)  cCarrying  and  disbursing  cash  change,  cashing  checks, accepting
  7        checks;
  8        (c)  iIssuing checks drawn on or  certified  by  the  bank  operating  the
  9        facility,  renting safety deposit boxes, keeping necessary accounts of all
 10        transactions; and carrying out such other transactions as the director may
 11        allow by regulation.
 12        (4)  "Bank service corporation" means a corporation organized  to  perform
 13    bank  services for two (2) or more banks, each of which owns part of the capi-
 14    tal stock of such corporation, and which are subject to examination by  either
 15    the  department of finance of the state of Idaho or a federal bank supervisory
 16    agency.
 17        For the purpose of this definition "bank services" means services such  as
 18    check and deposit sorting and posting, computation and posting of interest and
 19    other  credits  and  charges,  preparation  and mailing of checks, statements,
 20    notices, and similar items, or any other  clerical,  bookkeeping,  accounting,
 21    statistical, or similar functions performed for a bank.
 22        (5)  "Borrowing" means any nondeposit liability.
 23        (6)  "Branch"  means  any location except a bank facility or customer-bank
 24    communication terminal or bank service corporation at which  a  bank  performs
 25    any or all functions of a bank.
 26        (7)  "Capital"  means  the  amount of unimpaired paid-up common stock plus
 27    the amount of paid-up preferred stock issued and unimpaired.
 28        (8)  "Capital note" means a convertible or nonconvertible note of  a  bank
 29    subordinated  as  to  principal and interest to the depositors of the bank and
 30    containing such conditions as the director may require.
 31        (9)  "Capital structure" means the total of the  capital,  surplus,  undi-
 32    vided  profits  and subordinated capital notes and contingency reserves of the
 33    bank or such other account as determined by the director of the department  of
 34    finance, less intangible assets.
 35        (10) "Common  stock"  means  the stock of a banking corporation other than
 36    preferred stock.
 37        (11) "Commercial paper" means a short term negotiable  instrument  arising
 38    out  of  a  commercial  transaction;  provided, however, that commercial paper
 39    shall not be construed to be a deposit as defined in this act.
 40        (12) "Converting bank" means a bank converting from a state to a  national
 41    bank, or the reverse.
 42        (13) "Demand deposit" means all deposits except time deposits.
 43        (14) "Deposit" means the act of placing or lodging money in the custody of
 44    a  person,  for  safety  or convenience whether interest-bearing or not, to be
 45    withdrawn at the will of the depositor or under rules, terms  and  regulations
 46    agreed  upon  by  the  depositor and the depository.  If the context requires,
 47    deposit may also mean the money so  deposited  or  the  credit  the  depositor
 48    receives for it.
 49        (15) "Depositor" means any person who deposits money.
 50        (16) "Director" means the director of the department of finance.
 51        (17) "Dissenting  stockholder"  means  a stockholder dissenting and voting
 52    his dissent as provided in this act.
 53        (18) "Executive officer" means each officer of a bank, who  by  virtue  of
 54    his  position, has both voice in the formulation of the policy of the bank and
 55    responsibility for the implementation of such policy.
                                                                        
                                           3
                                                                        
  1        (19) "Federal funds" means member bank deposits at federal reserve banks.
  2        (20) "Federal reserve act" means and includes the act of congress  of  the
  3    United States approved December 23, 1913, as amended.
  4        (21) "Federal reserve bank" means a federal reserve bank created and orga-
  5    nized under the authority of the Federal Reserve Act.
  6        (22) "Federal  reserve  board" means the board of governors of the Federal
  7    Reserve System created and described in the Federal Reserve Act.
  8        (23) "Federal bank supervisory agency" means the comptroller of  the  cur-
  9    rency,  the  board of governors of the Federal Reserve System, or the board of
 10    directors of the Federal Deposit Insurance Corporation.
 11        (24) "Fiduciary" means trustee, agent, executor,  administrator,  personal
 12    representative, committee, guardian or conservator for a minor or other incom-
 13    petent  person, receiver, trustee in bankruptcy, assignee for creditors or any
 14    holder of a similar position of trust.
 15        (25) "Member bank" means any national bank or state bank which has  become
 16    or  which  becomes a member of one (1) of the federal reserve banks created by
 17    the Federal Reserve Act.
 18        (26) "Merger" means the union of two (2) or more bank corporations by  the
 19    transfer  of property of all to one (1) of them.  As used in this act "merger"
 20    includes a consolidation.
 21        (27) "Merging bank" means a party to a merger.
 22        (28) "Mobile facility" means a banking facility which is moved from  place
 23    to place and not permanently attached to real property.
 24        (29) "National  bank"  means a bank organized under the laws of the United
 25    States and issued an organization certificate by the comptroller of  the  cur-
 26    rency.
 27        (30) "Net  demand  deposits" means the total of the bank's demand deposits
 28    after subtracting from the deposit balance due to any bank the deposit balance
 29    due from the same bank (other than trust funds deposited by either  bank)  and
 30    any  cash  items  in  the  process of collection due from or due to such banks
 31    shall be included in determining such net balance,  except  that  balances  of
 32    time  deposits  of any bank and any balances standing to the credit of private
 33    banks, of banks in foreign countries, of foreign branches  of  other  American
 34    banks, and of American branches of foreign banks shall be reported gross with-
 35    out any such subtraction, and excluding any deposits received in any office of
 36    the  bank  for  deposits  in any other office of the bank. The amount of trust
 37    funds held in the bank's own trust department, which the bank keeps segregated
 38    and apart from its general assets and does not use in the conduct of its busi-
 39    ness, shall not be included as net deposits.
 40        (31) "Net profits" means profits remaining  after  the  deduction  of  all
 41    expenses  including  depreciation,  losses, or doubtful assets, as required by
 42    the director of the department of finance, interest, and taxes accrued or due.
 43        (32) "Person" means a natural person, corporation an individual, sole pro-
 44    prietorship, partnership, joint venture, association, cooperative association,
 45    unincorporated association, trust, estate, business trust,  corporation,  lim-
 46    ited  liability  company,  not-for-profit corporation, sovereign government or
 47    agency, instrumentality, or political subdivision thereof, or any other  legal
 48    or commercial similar entity or organization.
 49        (33) "Preferred stock" means a class of the stock of a banking corporation
 50    issued  in  accordance  with  section  26-206, Idaho Code, which is accorded a
 51    preference or priority over the common stock of the corporation.
 52        (34) "Resulting bank" means the bank resulting from a  merger  or  conver-
 53    sion.
 54        (35) "Savings deposit" means a deposit:
 55        (a)  tThat  consists  of  funds deposited to the credit of or in which the
                                                                        
                                           4
                                                                        
  1        entire beneficial interest is held by one (1) or more  individuals,  or  a
  2        corporation,  association,  or  other  organization operated primarily for
  3        religious, philanthropic, charitable,  educational,  fraternal,  or  other
  4        similar  purposes  and  not operated for profit; or that consists of funds
  5        deposited to the credit of or in which the entire beneficial  interest  is
  6        held  by the United States, any state of the United States, or any county,
  7        municipality, or political subdivision thereof, the District of  Columbia,
  8        the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam,
  9        or  political  subdivision thereof; or that consists of funds deposited to
 10        the credit of, or in which any beneficial interest is held by  a  corpora-
 11        tion,  association,  or  other  organization  not  qualifying above to the
 12        extent such funds  do  not  exceed  one  hundred  fifty  thousand  dollars
 13        ($150,000) per such depositor at a bank; and
 14        (b)  wWith  respect  to which the depositor is not required by the deposit
 15        contract but may at any time be required by the bank  to  give  notice  in
 16        writing  of  an  intended withdrawal not less than thirty (30) days before
 17        such withdrawal is made and which is not payable on a specified date or at
 18        the expiration of a specified time after the date of deposit.
 19        (36) "State bank" means any bank chartered by the state of Idaho.
 20        (37) "Temporary banking facility" means a banking facility which is  oper-
 21    ated for less than thirty (30) days and is established for the purpose of pro-
 22    viding bank facility services for a specific occasion.
 23        (38) "Time certificate of deposit" means a deposit evidenced by a negotia-
 24    ble  on  non-negotiable or nonnegotiable instrument which provides on its face
 25    that the amount of such deposit is payable to bearer or to any specified  per-
 26    son or to his order:
 27        (a)  oOn a certain date, specified in the instrument, not less than thirty
 28        days (30) after the date of the deposit; or
 29        (b)  aAt  the  expiration of a certain specified time not less than thirty
 30        (30) days after date of the instrument; or
 31        (c)  uUpon notice in writing which is actually required to  be  given  not
 32        less than thirty (30) days before the date of repayment; and
 33        (d)  iIn all cases only upon presentation and surrender of the instrument.
 34        (39) "Time deposit" means time certificates of deposit, time deposits open
 35    account, and savings deposits.
 36        (40) "Time  deposits open account" means a deposit, other than a time cer-
 37    tificate of deposit, with respect to which there is in force  a  written  con-
 38    tract  with  the depositor that neither the whole nor any part of such deposit
 39    may be withdrawn, by check or otherwise, prior to the date of maturity,  which
 40    shall  be  not  less  than  thirty (30) days after the date of the deposit, or
 41    prior to the expiration of the period of notice which must  be  given  by  the
 42    depositor in writing not less than thirty (30) days in advance of withdrawal.
 43        (41) "Trust  department"  means  the  division  of  a  bank which has been
 44    granted trust powers by the director of finance.
                                                                        
 45        SECTION 2.  That Section 26-703, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
                                                                        
 47        26-703.  REAL ESTATE LOANS. Any bank may make real estate loans secured by
 48    first  liens  upon  improved  real  estate,  including  improved farm land and
 49    improved business and residential properties, as are consistent with safe  and
 50    sound  banking practices.  A loan secured by real estate within the meaning of
 51    this section shall be in the form of an obligation or obligations  secured  by
 52    mortgage,  trust  deed, or other such instrument which shall constitute a lien
 53    upon real estate., and any bank may purchase any obligation  so  secured  when
                                                                        
                                           5
                                                                        
  1    the  entire  amount of such obligation is sold to the bank.  The amount of any
  2    such loan hereafter  made  shall  not  exceed  ninety  percent  (90%)  of  the
  3    appraised  value of the real estate offered as security and no such loan shall
  4    be made for a longer term than thirty (30) years.  The  foregoing  limitations
  5    and  restrictions  shall not prevent the renewal or extension of loans hereto-
  6    fore made and shall not apply to:
  7        (a)  real estate loans which are  insured  under  the  provisions  of  the
  8        National Housing Act, act of congress of June 27, 1934, and
  9        (b)  amendatory  and supplemental legislation relating to loans insured by
 10        the federal housing administration.
 11        No such bank shall hold on its books real estate loans in an aggregate sum
 12    in excess of the amount of the capital and capital notes of  such  bank,  plus
 13    the amount of its unimpaired surplus fund, or in excess of sixty percent (60%)
 14    of  the  amount  of  its  savings  and time deposits, whichever is the greater
 15    except with the consent of the director.
                                                                        
 16        SECTION 3.  That Sections 26-704, 26-705, 26-706 and 26-707,  Idaho  Code,
 17    be, and the same are hereby repealed.
                                                                        
 18        SECTION  4.  That  Section  26-708, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        26-7084.  DETERMINATION OF LIMITS OF LOANS AND INVESTMENTS OF  BANKS.  For
 21    the  purpose of determining limitations on loans and investments the following
 22    items are to be disregarded:
 23        (a1)  tThe sale of excess reserve funds by one (1) bank to another bank;
 24        (b2)  tThe purchase of securities by a bank, under an agreement to  resell
 25    at the end of a stated period; and
 26        (c3)  tThe purchase of mortgage loans by a bank, under agreement to resell
 27    at the end of a stated period.
 28    The director may, upon application by a bank, approve loans and investments in
 29    excess of the limitations provided in this chapter.
                                                                        
 30        SECTION  5.  That  Section  26-709, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        26-7095.  LOANS TO ONE PERSON. (1) The total liabilities to  any  bank  of
 33    any  loans  and  extensions of credit by a bank to a person for money borrowed
 34    outstanding at one (1) time, shall at no time exceed twenty percent  (20%)  of
 35    the  aggregate  paid-in  capital,  surplus and capital notes structure of such
 36    bank.
 37        (2)  "Loans and extensions of credit" means a bank's  direct  or  indirect
 38    advance of funds to or on behalf of a borrower based upon an obligation of the
 39    borrower to repay the funds, or repayable from specific property pledged by or
 40    on behalf of the borrower, and includes:
 41        (a)  A contractual commitment to advance funds;
 42        (b)  A  maker  or  endorser's obligation arising from a bank's discount of
 43        commercial paper;
 44        (c)  A bank's purchase of securities subject  to  an  agreement  that  the
 45        seller  shall repurchase the securities at the end of a stated period, but
 46        not including a bank's purchase of type I securities, as defined in 12 CFR
 47        part 1, subject to a repurchase agreement, where the purchasing  bank  has
 48        assured  control  over or has established its rights to the type I securi-
 49        ties as collateral;
 50        (d)  A bank's purchase of third-party paper subject to an  agreement  that
                                                                        
                                           6
                                                                        
  1        the  seller  shall  repurchase  the  paper upon default or at the end of a
  2        stated period. The amount of the bank's loan is the total  unpaid  balance
  3        of  the  paper  owned  by  the  bank  less  any applicable dealer reserves
  4        retained by the bank and held by the bank as  collateral  security.  Where
  5        the  seller's obligation to repurchase is limited, the bank's loan is mea-
  6        sured by the total amount of the paper the seller may ultimately be  obli-
  7        gated to repurchase. A bank's purchase of third party paper without direct
  8        or indirect recourse to the seller is not a loan or extension of credit to
  9        the seller;
 10        (e)  An  overdraft, whether or not prearranged, but not an intra-day over-
 11        draft for which payment is received before the close of  business  of  the
 12        bank that makes the funds available;
 13        (f)  The  sale of federal funds with a maturity of more than one (1) busi-
 14        ness day, but not federal funds with a maturity of one (1) day or less  or
 15        federal funds sold under a continuing contract; and
 16        (g)  Loans or extensions of credit that have been charged off on the books
 17        of the bank in whole or in part, unless the loan or extension of credit:
 18             (i)   Is unenforceable by reason of discharge in bankruptcy;
 19             (ii)  Is  no  longer legally enforceable because of expiration of the
 20             statute of limitations or a judicial decision; or
 21             (iii) Is no longer legally enforceable for  other  reasons,  provided
 22             that  the  bank  maintains sufficient records to demonstrate that the
 23             loan is unenforceable.
 24        (3)  The following items do not constitute loans or extensions  of  credit
 25    for purposes of this section:
 26        (a)  Additional funds advanced for the benefit of a borrower by a bank for
 27        payment  of  taxes,  insurance,  utilities,  security, and maintenance and
 28        operating expenses necessary to preserve the value of real property secur-
 29        ing the loan, consistent with safe and sound banking practices,  but  only
 30        if the advance is for the protection of the bank's interest in the collat-
 31        eral,  and  provided  that such amounts must be treated as an extension of
 32        credit if a new loan or extension of credit is made to the borrower;
 33        (b)  Accrued and discounted interest on an existing loan or  extension  of
 34        credit,  including interest that has been capitalized from prior notes and
 35        interest that has been advanced under  terms  and  conditions  of  a  loan
 36        agreement;
 37        (c)  Financed  sales  of  a bank's own assets, including other real estate
 38        owned, if the financing does not put the bank in  a  worse  position  than
 39        when the bank held title to the assets;
 40        (d)  A  renewal  or  restructuring of a loan as a new loan or extension of
 41        credit, following the exercise by a bank of reasonable efforts, consistent
 42        with safe and sound banking practices, to bring the loan into  conformance
 43        with  the  lending limit, unless new funds are advanced by the bank to the
 44        borrower (except as permitted by this section), or a new borrower replaces
 45        the original borrower, or unless the director determines that a renewal or
 46        restructuring was undertaken as a means to evade the bank's lending limit;
 47        (e)  Amounts paid against uncollected funds in the normal process of  col-
 48        lection; and
 49        (f)  (i)   That portion of a loan or extension of credit sold as a partic-
 50             ipation  by a bank on a nonrecourse basis, provided that the partici-
 51             pation results in a pro rata sharing of credit risk proportionate  to
 52             the  respective  interests of the originating and participating lend-
 53             ers. Where a participation agreement provides that repayment must  be
 54             applied  first  to  the  portions  sold,  a pro rata sharing shall be
 55             deemed to exist only if the agreement  also  provides  that,  in  the
                                                                        
                                           7
                                                                        
  1             event of a default or comparable event defined in the agreement, par-
  2             ticipants  must share in all subsequent repayments and collections in
  3             proportion to their percentage  participation  at  the  time  of  the
  4             occurrence of the event.
  5             (ii)  When an originating bank funds the entire loan, it must receive
  6             funding  from  the  participants  before the close of business of its
  7             next business day. If the participating  portions  are  not  received
  8             within  that  period,  then the portions funded shall be treated as a
  9             loan by the originating bank to the  borrower.  If  the  portions  so
 10             attributed  to  the  borrower  exceed  the originating bank's lending
 11             limit, the loan may be treated as nonconforming, rather than a viola-
 12             tion, if:
 13                  1.  The originating bank had a valid and unconditional  partici-
 14                  pation  agreement  with  a  participating bank or banks that was
 15                  sufficient to reduce the loan to within the  originating  bank's
 16                  lending limit;
 17                  2.  The participating bank reconfirmed its participation and the
 18                  originating  bank had no knowledge of any information that would
 19                  permit the participant to withhold its participation; and
 20                  3.  The participation was to be funded by close of  business  of
 21                  the originating bank's next business day.
 22        (4)  The  following  loans  or extensions of credit are not subject to the
 23    lending limits of this section:
 24        (a)  The discount of bills of exchange drawn in good faith against  actual
 25        existing values,;
 26        (b)  Tthe discount of bankers' acceptances of other banks,;
 27        (c)  Tthe  discount  of commercial or business paper actually owned by the
 28        person negotiating the same, and;
 29        (d)  Tthe obligations of the United States or general obligations  of  any
 30        state  or of any political subdivision thereof, or obligation issued under
 31        authority of the Ffederal Ffarm Lloan Aact;, shall not  be  considered  as
 32        money borrowed, nor shall the foregoing limitations apply to
 33        (e)  Lloans  made  on  warehouse  receipts  and bills of lading, when such
 34        warehouse receipts and bills of lading cover nonperishable commodities  of
 35        the  marketable value of at least one hundred twenty percent (120%) of the
 36        amount loaned thereon.;
 37        (f)  Loans or obligations shall not be subject under this section  to  any
 38        limitation based upon such capital and surplus and extensions of credit to
 39        the  extent that such loans or obligations are secured or covered by guar-
 40        anties, or by commitments or agreements to take over or to purchase,  made
 41        by  any  Federal  Reserve  Bank or by the United States or any department,
 42        bureau, board, commission, or establishment of the United States,  includ-
 43        ing  any  corporation  wholly  owned  directly or indirectly by the United
 44        States; or
 45        (g)  Loans, including portions thereof, secured by  a  segregated  deposit
 46        account  in  the lending bank, provided a security interest in the deposit
 47        has been perfected under applicable law.
 48        The combined liabilities of the several members of any firm, copartnership
 49    or unincorporated association to the loaning bank shall  be  included  in  the
 50    liabilities  of  such  firm,  copartnership  or unincorporated association and
 51    shall be included in the liabilities of any member thereof in determining  the
 52    foregoing limitations.
 53        (5)  Combination.  Loans or extensions of credit to one (1) borrower shall
 54    be attributed to another person and each person shall  be  deemed  a  borrower
 55    when  proceeds  of a loan or extension of credit are to be used for the direct
                                                                        
                                           8
                                                                        
  1    benefit of the other person, to the extent of the proceeds so used, or when  a
  2    common enterprise is deemed to exist between the persons.
  3        (a)  Direct  benefit.  The  proceeds of a loan or extension of credit to a
  4        borrower shall be deemed to be used for the direct benefit of another per-
  5        son and shall be attributed to the other  person  when  the  proceeds,  or
  6        assets  purchased  with  the  proceeds, are transferred to another person,
  7        other than in a bona fide arm's length transaction where the proceeds  are
  8        used to acquire property, goods or services.
  9        (b)  Common  enterprise.  A common enterprise shall be deemed to exist and
 10        loans to separate borrowers shall be aggregated:
 11             (i)   When the expected source of repayment for each loan  or  exten-
 12             sion of credit is the same for each borrower and neither borrower has
 13             another  source  of  income  from  which  the loan (together with the
 14             borrower's other obligations) may be fully repaid. An employer  shall
 15             not  be treated as a source of repayment under this paragraph because
 16             of wages and salaries paid to an employee  unless  the  standards  of
 17             paragraph (b)(ii) of this subsection are met;
 18             (ii)  When loans or extensions of credit are made:
 19                  1.  To  borrowers who are related directly or indirectly through
 20                  common control, including where one (1) borrower is directly  or
 21                  indirectly controlled by another borrower; and
 22                  2.  Substantial  financial  interdependence  exists  between  or
 23                  among  the  borrowers.  Substantial financial interdependence is
 24                  deemed to exist when fifty percent (50%)  or  more  of  one  (1)
 25                  borrower's  gross  receipts  or gross expenditures (on an annual
 26                  basis) are derived from transactions with  the  other  borrower.
 27                  Gross receipts and expenditures include gross revenues/expenses,
 28                  intercompany  loans, dividends, capital contributions, and simi-
 29                  lar receipts or payments;
 30             (iii) When separate persons borrow from a bank to acquire a  business
 31             enterprise  of which those borrowers will own more than fifty percent
 32             (50%) of the voting securities or voting interests, in which  case  a
 33             common  enterprise  is deemed to exist between the borrowers for pur-
 34             poses of combining the acquisition loans; or
 35             (iv)  When the director determines, based upon an evaluation  of  the
 36             facts  and  circumstances  of  particular transactions, that a common
 37             enterprise exists.
 38        (c)  Loans to a corporate group.
 39             (i)   Loans or extensions of credit by a bank to  a  corporate  group
 40             may not exceed fifty percent (50%) of the bank's capital and surplus.
 41             A  corporate group includes a person and all of its subsidiaries. For
 42             purposes of this paragraph, a corporation or a limited liability com-
 43             pany is a subsidiary of a person if the person owns  or  beneficially
 44             owns directly or indirectly more than fifty percent (50%) of the vot-
 45             ing securities or voting interests of the corporation or company.
 46             (ii)  Except  as  provided  in  paragraph  (c)(i) of this subsection,
 47             loans or extensions of credit to a person and its subsidiary,  or  to
 48             different  subsidiaries  of  a person, are not combined unless either
 49             the direct benefit or the common enterprise test is met.
 50        (d)  Loans to partnerships, joint ventures, and associations.
 51             (i)   Partnership loans. Loans or extensions of credit to a  partner-
 52             ship,  joint  venture or association are deemed to be loans or exten-
 53             sions of credit to each member of the partnership, joint  venture  or
 54             association.  This rule does not apply to limited partners in limited
 55             partnerships or to members of joint ventures or associations  if  the
                                                                        
                                           9
                                                                        
  1             partners  or  members,  by the terms of the partnership or membership
  2             agreement, are not held generally liable for the debts or actions  of
  3             the  partnership,  joint venture or association, and those provisions
  4             are valid under applicable law.
  5             (ii)  Loans to partners.
  6                  1.  Loans or extensions of credit to members of  a  partnership,
  7                  joint  venture or association are not attributed to the partner-
  8                  ship, joint venture or association unless either the direct ben-
  9                  efit or the common enterprise test is met. Both the direct bene-
 10                  fit and common enterprise tests are met between a  member  of  a
 11                  partnership,  joint venture or association and such partnership,
 12                  joint venture or association, when loans or extensions of credit
 13                  are made to the member to purchase an interest in  the  partner-
 14                  ship, joint venture or association.
 15                  2.  Loans  or  extensions of credit to members of a partnership,
 16                  joint venture or association are not attributed to other members
 17                  of the partnership, joint venture or association  unless  either
 18                  the direct benefit or common enterprise test is met.
 19        (e)  Loans  to  foreign  governments and their agencies and instrumentali-
 20        ties.
 21             (i)   Aggregation. Loans and extensions of credit to foreign  govern-
 22             ments  and  their  agencies and instrumentalities shall be aggregated
 23             with one another only if the loans or extensions of  credit  fail  to
 24             meet  either  the means test or the purpose test at the time the loan
 25             or extension of credit is made.
 26                  1.  The means test is satisfied if the borrower has resources or
 27                  revenue of its own sufficient to service its  debt  obligations.
 28                  If  the  government's support (excluding guarantees by a central
 29                  government of the borrower's debt) exceeds the borrower's annual
 30                  revenues from other sources, it shall be presumed that the means
 31                  test has not been satisfied.
 32                  2.  The purpose test is satisfied if the purpose of the loan  or
 33                  extension  of  credit  is  consistent  with  the purposes of the
 34                  borrower's general business.
 35             (ii)  Documentation. In order to show  that  the  means  and  purpose
 36             tests  have  been satisfied, a bank must, at a minimum, retain in its
 37             files the following items:
 38                  1.  A  statement  (accompanied  by   supporting   documentation)
 39                  describing  the  legal  status  and  the degree of financial and
 40                  operational autonomy of the borrowing entity;
 41                  2.  Financial statements for the borrowing entity for a  minimum
 42                  of  three  (3)  years prior to the date the loan or extension of
 43                  credit was made or for each year that the borrowing  entity  has
 44                  been in existence, if less than three (3) years;
 45                  3.  Financial  statements for each year the loan or extension of
 46                  credit is outstanding;
 47                  4.  The bank's assessment of the borrower's means  of  servicing
 48                  the  loan  or extension of credit, including specific reasons in
 49                  support of that assessment.  The  assessment  shall  include  an
 50                  analysis  of  the  borrower's financial history, its present and
 51                  projected economic and financial performance, and  the  signifi-
 52                  cance of any financial support provided to the borrower by third
 53                  parties, including the borrower's central government; and
 54                  5.  A  loan  agreement  or other written statement from the bor-
 55                  rower that clearly describes the purpose of the loan  or  exten-
                                                                        
                                           10
                                                                        
  1                  sion  of credit. The written representation will ordinarily con-
  2                  stitute sufficient evidence that the purpose test has been  sat-
  3                  isfied.  However, when, at the time the funds are disbursed, the
  4                  bank knows or has reason to know of other information suggesting
  5                  that the borrower will use the proceeds in a manner inconsistent
  6                  with the written representation, it  may  not,  without  further
  7                  inquiry, accept the representation.
  8        (6)  Calculation.  For  purposes  of determining compliance with this sec-
  9    tion, a bank shall determine its lending limit as of the last day of the  pre-
 10    ceding  calendar quarter. A bank's lending limit calculated in accordance with
 11    this section shall be effective on the date that the limit  is  to  be  calcu-
 12    lated. If the director determines for safety and soundness reasons that a bank
 13    should  calculate its lending limit more frequently than required by this sub-
 14    section, the director may provide written notice to  the  bank  directing  the
 15    bank  to calculate its lending limit at a more frequent interval, and the bank
 16    shall thereafter calculate its lending limit at that  interval  until  further
 17    notice from the director.
 18        (7)  Nonconforming loans. A loan, within a bank's legal lending limit when
 19    made, shall not be deemed a violation but shall be treated as nonconforming if
 20    the loan is no longer in conformity with the bank's lending limit because:
 21        (a)  The  bank's  capital has declined, borrowers have subsequently merged
 22        or formed a common enterprise, lenders have merged, or the  lending  limit
 23        or capital rules have changed. A bank must use reasonable efforts to bring
 24        a  loan  that  is nonconforming under this subsection into conformity with
 25        the bank's lending limit unless to do so would be inconsistent  with  safe
 26        and sound banking practices.
 27        (b)  Collateral securing the loan to satisfy the requirements of a lending
 28        limit  exception  has  declined in value. A bank must bring a loan that is
 29        nonconforming under this subsection into conformity with the bank's  lend-
 30        ing  limit within thirty (30) calendar days, except when judicial proceed-
 31        ings, regulatory actions or other extraordinary circumstances  beyond  the
 32        bank's control prevent the bank from taking action.
 33        (8)  When  in the judgment of the director the liabilities of any corpora-
 34    tion loans and extensions of credit to any person, or the combined liabilities
 35    of loans and extensions of credit to any corporation and one (1)  or  more  of
 36    its  stockholders  to  any  bank are excessive, he shall require the reduction
 37    thereof to such limits and within such time as he shall prescribe.
 38        Provided, further, that the director may compel the reduction of any  loan
 39    which shall in his judgment appear excessive or dangerous.
                                                                        
 40        SECTION  6.  That  Section  26-710, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        26-7106.  LOANS TO OFFICERS. Except as authorized under this  section,  no
 43    bank  may  extend  credit  in any manner to any of its own executive officers.
 44    Any extension of credit under this section must be approved by  the  board  of
 45    directors  of the bank, and may be made only if such credit extension comports
 46    with the principles of safety and soundness and is in compliance with  regula-
 47    tion O of the board of governors of the federal reserve system, 12 C.F.R. 215.
                                                                        
 48        SECTION  7.  That  Section  26-711, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        26-71107.  REAL ESTATE HOLDINGS. A bank may purchase,  acquire,  hold  and
 51    convey real estate for the following purposes only:
                                                                        
                                           11
                                                                        
  1        (1)  Such  as  shall  be  necessary  for the convenient transaction of its
  2    business, including at the same location as its banking offices other property
  3    to rent as a source of income; provided, however, that no bank shall invest in
  4    buildings and lots and furniture, fixtures and equipment in an amount  greater
  5    than  fifty  per  cent percent (50%) of the capital, surplus and capital notes
  6    structure of such bank.
  7        (2)  Such as shall be conveyed to it in satisfaction of  debts  previously
  8    contracted in the course of business.
  9        (3)  Such  as  it  shall  purchase at sale on judgments, decrees, mortgage
 10    foreclosure or trustees sale for debts previously contracted, but a bank shall
 11    not bid at such sale a larger amount than is necessary to  satisfy  all  debts
 12    and  costs necessary to obtain clear title.  Such real estate shall be carried
 13    on the books of the bank at the lower of cost or market  value.  Market  value
 14    shall  be  determined by a current appraisal prepared by an independent quali-
 15    fied appraiser approved by the director. Thereafter, but  no  more  frequently
 16    than annually, the director may in his discretion request that the bank obtain
 17    from  an  independent  qualified appraiser approved by the director, a further
 18    appraisal of market value or certification by the appraiser  that  the  market
 19    value has not declined.
 20        (4)  No real estate acquired under subsections (2) and (3) of this section
 21    may  be  held for a longer period than five (5) years, provided, however, that
 22    upon application by the bank, the director shall approve the continued holding
 23    of any such real estate by the bank for an additional period of five (5) years
 24    upon the bank's showing of its good faith  attempt  to  dispose  of  the  real
 25    estate  within  the  first  five  (5) year period, or that disposal within the
 26    first five (5) year period would be detrimental to the bank; and provided fur-
 27    ther that the bank shall, during the second five (5) year period, at  the  end
 28    of  each  year beginning at the end of the sixth year in which the property is
 29    held, write down the value of such real estate by twenty percent (20%) of  the
 30    value  at  which  such real estate is carried on its books at the beginning of
 31    the second five (5) year period. Value at the beginning of the second five (5)
 32    year period shall be the lower of cost or market value as determined  pursuant
 33    to  appraisal  as  provided in subsection (3) of this section. Nothing in this
 34    section shall be construed to prevent a bank from making loans secured by real
 35    estate as provided in this act, or a trust department  holding  and  conveying
 36    real estate in trust.
 37        (5)  A bank may, with the approval of the director and the board of gover-
 38    nors  of  the Federal Reserve System or the Federal Deposit Insurance Corpora-
 39    tion invest in bank premises or in the  stock,  bonds,  debentures,  or  other
 40    obligations  of any corporation holding the banking buildings, lots and furni-
 41    ture, fixtures and equipment of such bank in an amount not to exceed the capi-
 42    tal and surplus of the bank.
                                                                        
 43        SECTION 8.  That Section 26-712, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        26-71208.  VALUATION  OF  ASSETS. No bank shall enter or at any time carry
 46    on its books any of its assets at a valuation exceeding their actual  cost  to
 47    the  bank;  nor shall the value of any of its assets be increased on the books
 48    of the bank without the written consent of  the director. Additional  charges,
 49    delinquency  charges and other similar charges on consumer credit transactions
 50    permitted by and made in compliance with the Uniform Consumer Credit Code  and
 51    added to the principal balance of the loan, shall not come within the prohibi-
 52    tion of this section.
                                                                        
                                           12
                                                                        
  1        SECTION  9.  That  Section  26-713, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        26-71309.  STATUTORY BAD DEBT. Every bank carrying any bad debt, or a debt
  4    of doubtful value, as an asset shall, upon the request or demand of the direc-
  5    tor, collect the same or put it in good bankable condition or charge it out of
  6    its books.  Any debt on which interest is past due and unpaid for a period  of
  7    six  (6) months, unless the same is well secured and in process of collection,
  8    shall be considered a bad debt within the meaning of this section.
                                                                        
  9        SECTION 10.  That Section 26-714, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        26-7140.  OWNERSHIP  AND  LEASING  OF  PROPERTY  FOR CUSTOMERS. A bank may
 12    become the owner and lessor of personal property acquired  upon  the  specific
 13    request  and  for  the use of a customer and may incur such additional obliga-
 14    tions as may be incident to becoming an owner and lessor of such property.
                                                                        
 15        SECTION 11.  That Section 26-715, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        26-7151.  LENDING  OF  CREDIT  --  SURETYSHIP AND GUARANTYSHIP. A bank may
 18    lend its credit, bind itself as a surety to indemnify  another,  or  otherwise
 19    become  a  guarantor, only if it has a substantial interest in the performance
 20    of the transaction involved or has a segregated deposit sufficient  in  amount
 21    to cover the bank's total potential liability.
                                                                        
 22        SECTION  12.  That  Section 26-716, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        26-7162.  VALIDITY OF TRANSACTIONS. Nothing in any law of this state shall
 25    in any manner whatsoever affect the validity of, or render void  or  voidable,
 26    the  payment,  certification  or  acceptance  of  a  check or other negotiable
 27    instrument, or any other transaction by a bank in this state, because done  or
 28    performed during any time other than regular banking hours.
                                                                        
 29        SECTION  13.  That  Section 26-717, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        26-7173.  ADVERSE CLAIM TO BANK DEPOSIT. Notice to any bank of an  adverse
 32    claim to a deposit standing on its books to the credit of any person shall not
 33    require  the  bank  to recognize the adverse claim unless the adverse claimant
 34    shall:
 35        (a1)  pProcure a restraining order, injunction or other appropriate  proc-
 36        ess  against  the  bank from a court of competent jurisdiction wherein the
 37        person to whose credit the deposit stands is made a party and served  with
 38        summons,; or
 39        (b2)  eExecute to said bank, in a form and with sureties acceptable to the
 40        bank,  a bond indemnifying the bank from any and all liability, loss, dam-
 41        age, costs and expenses for and on account of the payment of such  adverse
 42        claim  or  the dishonor of the check or other order of the person to whose
 43        credit the deposit stands on the books of the bank.
 44        This section shall not apply in any instance where  the  person  to  whose
 45    credit  the  deposit  stands is a fiduciary for such adverse claimant, and the
 46    facts constituting such relationship and the facts  showing  reasonable  cause
                                                                        
                                           13
                                                                        
  1    for  belief  on  the  part  of  the  claimant  that  the fiduciary is about to
  2    misappropriate the deposit, are made to appear by the affidavit of the  claim-
  3    ant.
                                                                        
  4        SECTION  14.  That  Section 26-718, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        26-7184.  ACCOUNT OF PERSON UNDER DISABILITY. Whenever any  minor  or  any
  7    person  under  disability  shall  become  a  depositor,  as defined in section
  8    26-106, Idaho Code, in any bank in his or her name, such  bank  may  pay  such
  9    money  on  the  check,  order  or endorsement of such depositor the same as in
 10    cases of depositors not under disability, and such payment  shall  be  in  all
 11    respects valid in law.
                                                                        
 12        SECTION  15.  That  Section 26-719, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        26-7195.  BRANCH OR OFFICE AT WHICH INSTRUMENTS ARE TO BE  PRESENTED  MUST
 15    BE  INDICATED.  All  checks, drafts, bills of exchange or other orders for the
 16    payment of money drawn against any bank operating branch banks shall  indicate
 17    the  particular bank and branch at which the same are to be presented for pay-
 18    ment or acceptance.
                                                                        
 19        SECTION 16.  That Section 26-801, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        26-801.  BORROWING  MONEY  -- LIMITATIONS. At no time shall the total bor-
 22    rowings of any bank exceed in the aggregate an amount equal to the capital and
 23    surplus structure of the bank, except with the consent of the director.
 24        For the purpose of computing total borrowings the  following  items  shall
 25    not be included:
 26        (a1)  Federal funds purchased.
 27        (b2)  The  sale  of securities by a bank, under an agreement to repurchase
 28        at the end of a stated period.
 29        (c3)  Borrowings from the Federal Reserve System.
 30        (d4)  The sale of mortgage loans by a bank, under agreement to  repurchase
 31        at the end of a stated period.
 32        (e5)  Money borrowed to meet seasonal requirements.
 33        (f6)  Money borrowed to meet unexpected withdrawals.
 34        (g7)  Capital notes issued in accordance with section 26-802, Idaho Code.
 35        The  total of all borrowings by a bank including those items excluded from
 36    the computation of total borrowings may not exceed in the aggregate an  amount
 37    equal  to  two and one-half (2 1/2) times the capital and surplus structure of
 38    the bank, except with the consent of the director.
 39        Whenever it shall appear to the director that a bank is borrowing money in
 40    excess of the above limitation, or for purposes other than as specified above,
 41    he may require it to reduce such borrowings within a time to be fixed by him.
                                                                        
 42        SECTION 17.  That Section 26-107, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        26-107.  SECTIONS APPLICABLE TO NATIONAL BANKS. The provisions of sections
 45    26-215,  26-301  through  and  including,  26-309,  26-311,  26-7162, 26-7173,
 46    26-7184, 26-1203, 26-1206, 26-1207,  26-1208,  and  26-1209,  26-1601  through
 47    26-1605,  26-2601  through  26-2612,  Idaho Code, shall also apply to national
                                                                        
                                           14
                                                                        
  1    banks.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Cameron             
                                                                        
                                                     Seconded by Goedde              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 524
                                                                        
  1                                AMENDMENT TO SECTION 5
  2        On page 5 of the printed bill, in line 40, following "includes" insert: ",
  3    for the purposes of this section".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 524, As Amended in the Senate
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BANKS AND BANKING; AMENDING SECTION 26-106, IDAHO CODE, TO  REVISE
  3        DEFINITIONS  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 26-703,
  4        IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO REAL ESTATE  LOANS  OFFERED
  5        BY  BANKS;  REPEALING  SECTIONS  26-704,  26-705, 26-706 AND 26-707, IDAHO
  6        CODE, RELATING TO MORTGAGE INSURANCE, GOVERNMENT GUARANTEED LOANS, COMMER-
  7        CIAL LOANS AND CONSTRUCTION LOANS; AMENDING SECTION 26-708, IDAHO CODE, TO
  8        REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SEC-
  9        TION  26-709,  IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THAT THE
 10        TOTAL LOANS AND EXTENSIONS OF CREDIT  TO  PERSONS  SHALL  BE  LIMITED,  TO
 11        DEFINE  "LOANS AND EXTENSIONS OF CREDIT," TO PROVIDE THAT CERTAIN ITEMS DO
 12        NOT CONSTITUTE LOANS OR EXTENSIONS OF CREDIT, TO EXEMPT CERTAIN  LOANS  OR
 13        EXTENSIONS  OF  CREDIT FROM LENDING LIMITS, TO PROVIDE FOR THE COMBINATION
 14        OF LOANS OR EXTENSIONS OF CREDIT UNDER  CERTAIN  OUTLINED  CONDITIONS,  TO
 15        DEFINE  TERMS,  TO PROVIDE FOR CALCULATION OF LENDING LIMITS, TO SET FORTH
 16        CONDITIONS UNDER WHICH LOANS SHALL BE CONSIDERED NONCONFORMING, TO PROVIDE
 17        CORRECT TERMINOLOGY AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 18        26-710,  IDAHO  CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 26-711,
 19        IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE THAT BANKS SHALL NOT
 20        INVEST IN CERTAIN REAL ESTATE HOLDINGS IN AMOUNTS GREATER THAN FIFTY  PER-
 21        CENT  OF THE CAPITAL STRUCTURE OF THE BANK AND TO MAKE A TECHNICAL CORREC-
 22        TION; AMENDING SECTIONS 26-712, 26-713, 26-714, 26-715 AND  26-716,  IDAHO
 23        CODE, TO REDESIGNATE THE SECTIONS; AMENDING SECTION 26-717, IDAHO CODE, TO
 24        REDESIGNATE  THE  SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
 25        TIONS 26-718 AND 26-719, IDAHO CODE, TO REDESIGNATE THE SECTIONS;   AMEND-
 26        ING  SECTION  26-801,  IDAHO  CODE, TO REVISE TERMINOLOGY REFERRING TO THE
 27        CAPITAL STRUCTURE OF BANKS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
 28        SECTION 26-107, IDAHO CODE, TO PROVIDE CORRECT CODE CITATIONS.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  That Section 26-106, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        26-106.  DEFINITIONS.  As  used in this act, unless the context or subject
 33    matter otherwise requires:
 34        (1)  "Bank" means any person engaged in soliciting, receiving or accepting
 35    money or its equivalent on deposit as a regular business whether or  not  such
 36    deposit, however evidenced, is made subject to check or draft or other order.
 37        (2)  "Banking  business"  means  the soliciting, receiving or accepting of
 38    money or its equivalent on deposit as a regular business whether such  deposit
 39    is made subject to check or draft or is evidenced by a certificate of deposit,
 40    a passbook, a note, a receipt, or other writing; provided, that nothing herein
 41    shall  apply to or include money or its equivalent left in escrow or left with
 42    an agent pending investment in real estate or securities for or on account  of
 43    his principal.
                                                                        
                                           2
                                                                        
  1        (3)  "Banking facility" means a place of business of a bank which performs
  2    activities limited to:
  3        (a)  tTaking  applications for loans, accepting deposits, issuing receipts
  4        therefor, and transmitting such deposits  to  the  bank  maintaining  such
  5        facility;
  6        (b)  cCarrying  and  disbursing  cash  change,  cashing  checks, accepting
  7        checks;
  8        (c)  iIssuing checks drawn on or  certified  by  the  bank  operating  the
  9        facility,  renting safety deposit boxes, keeping necessary accounts of all
 10        transactions; and carrying out such other transactions as the director may
 11        allow by regulation.
 12        (4)  "Bank service corporation" means a corporation organized  to  perform
 13    bank  services for two (2) or more banks, each of which owns part of the capi-
 14    tal stock of such corporation, and which are subject to examination by  either
 15    the  department of finance of the state of Idaho or a federal bank supervisory
 16    agency.
 17        For the purpose of this definition "bank services" means services such  as
 18    check and deposit sorting and posting, computation and posting of interest and
 19    other  credits  and  charges,  preparation  and mailing of checks, statements,
 20    notices, and similar items, or any other  clerical,  bookkeeping,  accounting,
 21    statistical, or similar functions performed for a bank.
 22        (5)  "Borrowing" means any nondeposit liability.
 23        (6)  "Branch"  means  any location except a bank facility or customer-bank
 24    communication terminal or bank service corporation at which  a  bank  performs
 25    any or all functions of a bank.
 26        (7)  "Capital"  means  the  amount of unimpaired paid-up common stock plus
 27    the amount of paid-up preferred stock issued and unimpaired.
 28        (8)  "Capital note" means a convertible or nonconvertible note of  a  bank
 29    subordinated  as  to  principal and interest to the depositors of the bank and
 30    containing such conditions as the director may require.
 31        (9)  "Capital structure" means the total of the  capital,  surplus,  undi-
 32    vided  profits  and subordinated capital notes and contingency reserves of the
 33    bank or such other account as determined by the director of the department  of
 34    finance, less intangible assets.
 35        (10) "Common  stock"  means  the stock of a banking corporation other than
 36    preferred stock.
 37        (11) "Commercial paper" means a short term negotiable  instrument  arising
 38    out  of  a  commercial  transaction;  provided, however, that commercial paper
 39    shall not be construed to be a deposit as defined in this act.
 40        (12) "Converting bank" means a bank converting from a state to a  national
 41    bank, or the reverse.
 42        (13) "Demand deposit" means all deposits except time deposits.
 43        (14) "Deposit" means the act of placing or lodging money in the custody of
 44    a  person,  for  safety  or convenience whether interest-bearing or not, to be
 45    withdrawn at the will of the depositor or under rules, terms  and  regulations
 46    agreed  upon  by  the  depositor and the depository.  If the context requires,
 47    deposit may also mean the money so  deposited  or  the  credit  the  depositor
 48    receives for it.
 49        (15) "Depositor" means any person who deposits money.
 50        (16) "Director" means the director of the department of finance.
 51        (17) "Dissenting  stockholder"  means  a stockholder dissenting and voting
 52    his dissent as provided in this act.
 53        (18) "Executive officer" means each officer of a bank, who  by  virtue  of
 54    his  position, has both voice in the formulation of the policy of the bank and
 55    responsibility for the implementation of such policy.
                                                                        
                                           3
                                                                        
  1        (19) "Federal funds" means member bank deposits at federal reserve banks.
  2        (20) "Federal reserve act" means and includes the act of congress  of  the
  3    United States approved December 23, 1913, as amended.
  4        (21) "Federal reserve bank" means a federal reserve bank created and orga-
  5    nized under the authority of the Federal Reserve Act.
  6        (22) "Federal  reserve  board" means the board of governors of the Federal
  7    Reserve System created and described in the Federal Reserve Act.
  8        (23) "Federal bank supervisory agency" means the comptroller of  the  cur-
  9    rency,  the  board of governors of the Federal Reserve System, or the board of
 10    directors of the Federal Deposit Insurance Corporation.
 11        (24) "Fiduciary" means trustee, agent, executor,  administrator,  personal
 12    representative, committee, guardian or conservator for a minor or other incom-
 13    petent  person, receiver, trustee in bankruptcy, assignee for creditors or any
 14    holder of a similar position of trust.
 15        (25) "Member bank" means any national bank or state bank which has  become
 16    or  which  becomes a member of one (1) of the federal reserve banks created by
 17    the Federal Reserve Act.
 18        (26) "Merger" means the union of two (2) or more bank corporations by  the
 19    transfer  of property of all to one (1) of them.  As used in this act "merger"
 20    includes a consolidation.
 21        (27) "Merging bank" means a party to a merger.
 22        (28) "Mobile facility" means a banking facility which is moved from  place
 23    to place and not permanently attached to real property.
 24        (29) "National  bank"  means a bank organized under the laws of the United
 25    States and issued an organization certificate by the comptroller of  the  cur-
 26    rency.
 27        (30) "Net  demand  deposits" means the total of the bank's demand deposits
 28    after subtracting from the deposit balance due to any bank the deposit balance
 29    due from the same bank (other than trust funds deposited by either  bank)  and
 30    any  cash  items  in  the  process of collection due from or due to such banks
 31    shall be included in determining such net balance,  except  that  balances  of
 32    time  deposits  of any bank and any balances standing to the credit of private
 33    banks, of banks in foreign countries, of foreign branches  of  other  American
 34    banks, and of American branches of foreign banks shall be reported gross with-
 35    out any such subtraction, and excluding any deposits received in any office of
 36    the  bank  for  deposits  in any other office of the bank. The amount of trust
 37    funds held in the bank's own trust department, which the bank keeps segregated
 38    and apart from its general assets and does not use in the conduct of its busi-
 39    ness, shall not be included as net deposits.
 40        (31) "Net profits" means profits remaining  after  the  deduction  of  all
 41    expenses  including  depreciation,  losses, or doubtful assets, as required by
 42    the director of the department of finance, interest, and taxes accrued or due.
 43        (32) "Person" means a natural person, corporation an individual, sole pro-
 44    prietorship, partnership, joint venture, association, cooperative association,
 45    unincorporated association, trust, estate, business trust,  corporation,  lim-
 46    ited  liability  company,  not-for-profit corporation, sovereign government or
 47    agency, instrumentality, or political subdivision thereof, or any other  legal
 48    or commercial similar entity or organization.
 49        (33) "Preferred stock" means a class of the stock of a banking corporation
 50    issued  in  accordance  with  section  26-206, Idaho Code, which is accorded a
 51    preference or priority over the common stock of the corporation.
 52        (34) "Resulting bank" means the bank resulting from a  merger  or  conver-
 53    sion.
 54        (35) "Savings deposit" means a deposit:
 55        (a)  tThat  consists  of  funds deposited to the credit of or in which the
                                                                        
                                           4
                                                                        
  1        entire beneficial interest is held by one (1) or more  individuals,  or  a
  2        corporation,  association,  or  other  organization operated primarily for
  3        religious, philanthropic, charitable,  educational,  fraternal,  or  other
  4        similar  purposes  and  not operated for profit; or that consists of funds
  5        deposited to the credit of or in which the entire beneficial  interest  is
  6        held  by the United States, any state of the United States, or any county,
  7        municipality, or political subdivision thereof, the District of  Columbia,
  8        the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam,
  9        or  political  subdivision thereof; or that consists of funds deposited to
 10        the credit of, or in which any beneficial interest is held by  a  corpora-
 11        tion,  association,  or  other  organization  not  qualifying above to the
 12        extent such funds  do  not  exceed  one  hundred  fifty  thousand  dollars
 13        ($150,000) per such depositor at a bank; and
 14        (b)  wWith  respect  to which the depositor is not required by the deposit
 15        contract but may at any time be required by the bank  to  give  notice  in
 16        writing  of  an  intended withdrawal not less than thirty (30) days before
 17        such withdrawal is made and which is not payable on a specified date or at
 18        the expiration of a specified time after the date of deposit.
 19        (36) "State bank" means any bank chartered by the state of Idaho.
 20        (37) "Temporary banking facility" means a banking facility which is  oper-
 21    ated for less than thirty (30) days and is established for the purpose of pro-
 22    viding bank facility services for a specific occasion.
 23        (38) "Time certificate of deposit" means a deposit evidenced by a negotia-
 24    ble  on  non-negotiable or nonnegotiable instrument which provides on its face
 25    that the amount of such deposit is payable to bearer or to any specified  per-
 26    son or to his order:
 27        (a)  oOn a certain date, specified in the instrument, not less than thirty
 28        days (30) after the date of the deposit; or
 29        (b)  aAt  the  expiration of a certain specified time not less than thirty
 30        (30) days after date of the instrument; or
 31        (c)  uUpon notice in writing which is actually required to  be  given  not
 32        less than thirty (30) days before the date of repayment; and
 33        (d)  iIn all cases only upon presentation and surrender of the instrument.
 34        (39) "Time deposit" means time certificates of deposit, time deposits open
 35    account, and savings deposits.
 36        (40) "Time  deposits open account" means a deposit, other than a time cer-
 37    tificate of deposit, with respect to which there is in force  a  written  con-
 38    tract  with  the depositor that neither the whole nor any part of such deposit
 39    may be withdrawn, by check or otherwise, prior to the date of maturity,  which
 40    shall  be  not  less  than  thirty (30) days after the date of the deposit, or
 41    prior to the expiration of the period of notice which must  be  given  by  the
 42    depositor in writing not less than thirty (30) days in advance of withdrawal.
 43        (41) "Trust  department"  means  the  division  of  a  bank which has been
 44    granted trust powers by the director of finance.
                                                                        
 45        SECTION 2.  That Section 26-703, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
                                                                        
 47        26-703.  REAL ESTATE LOANS. Any bank may make real estate loans secured by
 48    first  liens  upon  improved  real  estate,  including  improved farm land and
 49    improved business and residential properties, as are consistent with safe  and
 50    sound  banking practices.  A loan secured by real estate within the meaning of
 51    this section shall be in the form of an obligation or obligations  secured  by
 52    mortgage,  trust  deed, or other such instrument which shall constitute a lien
 53    upon real estate., and any bank may purchase any obligation  so  secured  when
                                                                        
                                           5
                                                                        
  1    the  entire  amount of such obligation is sold to the bank.  The amount of any
  2    such loan hereafter  made  shall  not  exceed  ninety  percent  (90%)  of  the
  3    appraised  value of the real estate offered as security and no such loan shall
  4    be made for a longer term than thirty (30) years.  The  foregoing  limitations
  5    and  restrictions  shall not prevent the renewal or extension of loans hereto-
  6    fore made and shall not apply to:
  7        (a)  real estate loans which are  insured  under  the  provisions  of  the
  8        National Housing Act, act of congress of June 27, 1934, and
  9        (b)  amendatory  and supplemental legislation relating to loans insured by
 10        the federal housing administration.
 11        No such bank shall hold on its books real estate loans in an aggregate sum
 12    in excess of the amount of the capital and capital notes of  such  bank,  plus
 13    the amount of its unimpaired surplus fund, or in excess of sixty percent (60%)
 14    of  the  amount  of  its  savings  and time deposits, whichever is the greater
 15    except with the consent of the director.
                                                                        
 16        SECTION 3.  That Sections 26-704, 26-705, 26-706 and 26-707,  Idaho  Code,
 17    be, and the same are hereby repealed.
                                                                        
 18        SECTION  4.  That  Section  26-708, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        26-7084.  DETERMINATION OF LIMITS OF LOANS AND INVESTMENTS OF  BANKS.  For
 21    the  purpose of determining limitations on loans and investments the following
 22    items are to be disregarded:
 23        (a1)  tThe sale of excess reserve funds by one (1) bank to another bank;
 24        (b2)  tThe purchase of securities by a bank, under an agreement to  resell
 25    at the end of a stated period; and
 26        (c3)  tThe purchase of mortgage loans by a bank, under agreement to resell
 27    at the end of a stated period.
 28    The director may, upon application by a bank, approve loans and investments in
 29    excess of the limitations provided in this chapter.
                                                                        
 30        SECTION  5.  That  Section  26-709, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        26-7095.  LOANS TO ONE PERSON. (1) The total liabilities to  any  bank  of
 33    any  loans  and  extensions of credit by a bank to a person for money borrowed
 34    outstanding at one (1) time, shall at no time exceed twenty percent  (20%)  of
 35    the  aggregate  paid-in  capital,  surplus and capital notes structure of such
 36    bank.
 37        (2)  "Loans and extensions of credit" means a bank's  direct  or  indirect
 38    advance of funds to or on behalf of a borrower based upon an obligation of the
 39    borrower to repay the funds, or repayable from specific property pledged by or
 40    on behalf of the borrower, and includes, for the purposes of this section:
 41        (a)  A contractual commitment to advance funds;
 42        (b)  A  maker  or  endorser's obligation arising from a bank's discount of
 43        commercial paper;
 44        (c)  A bank's purchase of securities subject  to  an  agreement  that  the
 45        seller  shall repurchase the securities at the end of a stated period, but
 46        not including a bank's purchase of type I securities, as defined in 12 CFR
 47        part 1, subject to a repurchase agreement, where the purchasing  bank  has
 48        assured  control  over or has established its rights to the type I securi-
 49        ties as collateral;
 50        (d)  A bank's purchase of third-party paper subject to an  agreement  that
                                                                        
                                           6
                                                                        
  1        the  seller  shall  repurchase  the  paper upon default or at the end of a
  2        stated period. The amount of the bank's loan is the total  unpaid  balance
  3        of  the  paper  owned  by  the  bank  less  any applicable dealer reserves
  4        retained by the bank and held by the bank as  collateral  security.  Where
  5        the  seller's obligation to repurchase is limited, the bank's loan is mea-
  6        sured by the total amount of the paper the seller may ultimately be  obli-
  7        gated to repurchase. A bank's purchase of third party paper without direct
  8        or indirect recourse to the seller is not a loan or extension of credit to
  9        the seller;
 10        (e)  An  overdraft, whether or not prearranged, but not an intra-day over-
 11        draft for which payment is received before the close of  business  of  the
 12        bank that makes the funds available;
 13        (f)  The  sale of federal funds with a maturity of more than one (1) busi-
 14        ness day, but not federal funds with a maturity of one (1) day or less  or
 15        federal funds sold under a continuing contract; and
 16        (g)  Loans or extensions of credit that have been charged off on the books
 17        of the bank in whole or in part, unless the loan or extension of credit:
 18             (i)   Is unenforceable by reason of discharge in bankruptcy;
 19             (ii)  Is  no  longer legally enforceable because of expiration of the
 20             statute of limitations or a judicial decision; or
 21             (iii) Is no longer legally enforceable for  other  reasons,  provided
 22             that  the  bank  maintains sufficient records to demonstrate that the
 23             loan is unenforceable.
 24        (3)  The following items do not constitute loans or extensions  of  credit
 25    for purposes of this section:
 26        (a)  Additional funds advanced for the benefit of a borrower by a bank for
 27        payment  of  taxes,  insurance,  utilities,  security, and maintenance and
 28        operating expenses necessary to preserve the value of real property secur-
 29        ing the loan, consistent with safe and sound banking practices,  but  only
 30        if the advance is for the protection of the bank's interest in the collat-
 31        eral,  and  provided  that such amounts must be treated as an extension of
 32        credit if a new loan or extension of credit is made to the borrower;
 33        (b)  Accrued and discounted interest on an existing loan or  extension  of
 34        credit,  including interest that has been capitalized from prior notes and
 35        interest that has been advanced under  terms  and  conditions  of  a  loan
 36        agreement;
 37        (c)  Financed  sales  of  a bank's own assets, including other real estate
 38        owned, if the financing does not put the bank in  a  worse  position  than
 39        when the bank held title to the assets;
 40        (d)  A  renewal  or  restructuring of a loan as a new loan or extension of
 41        credit, following the exercise by a bank of reasonable efforts, consistent
 42        with safe and sound banking practices, to bring the loan into  conformance
 43        with  the  lending limit, unless new funds are advanced by the bank to the
 44        borrower (except as permitted by this section), or a new borrower replaces
 45        the original borrower, or unless the director determines that a renewal or
 46        restructuring was undertaken as a means to evade the bank's lending limit;
 47        (e)  Amounts paid against uncollected funds in the normal process of  col-
 48        lection; and
 49        (f)  (i)   That portion of a loan or extension of credit sold as a partic-
 50             ipation  by a bank on a nonrecourse basis, provided that the partici-
 51             pation results in a pro rata sharing of credit risk proportionate  to
 52             the  respective  interests of the originating and participating lend-
 53             ers. Where a participation agreement provides that repayment must  be
 54             applied  first  to  the  portions  sold,  a pro rata sharing shall be
 55             deemed to exist only if the agreement  also  provides  that,  in  the
                                                                        
                                           7
                                                                        
  1             event of a default or comparable event defined in the agreement, par-
  2             ticipants  must share in all subsequent repayments and collections in
  3             proportion to their percentage  participation  at  the  time  of  the
  4             occurrence of the event.
  5             (ii)  When an originating bank funds the entire loan, it must receive
  6             funding  from  the  participants  before the close of business of its
  7             next business day. If the participating  portions  are  not  received
  8             within  that  period,  then the portions funded shall be treated as a
  9             loan by the originating bank to the  borrower.  If  the  portions  so
 10             attributed  to  the  borrower  exceed  the originating bank's lending
 11             limit, the loan may be treated as nonconforming, rather than a viola-
 12             tion, if:
 13                  1.  The originating bank had a valid and unconditional  partici-
 14                  pation  agreement  with  a  participating bank or banks that was
 15                  sufficient to reduce the loan to within the  originating  bank's
 16                  lending limit;
 17                  2.  The participating bank reconfirmed its participation and the
 18                  originating  bank had no knowledge of any information that would
 19                  permit the participant to withhold its participation; and
 20                  3.  The participation was to be funded by close of  business  of
 21                  the originating bank's next business day.
 22        (4)  The  following  loans  or extensions of credit are not subject to the
 23    lending limits of this section:
 24        (a)  The discount of bills of exchange drawn in good faith against  actual
 25        existing values,;
 26        (b)  Tthe discount of bankers' acceptances of other banks,;
 27        (c)  Tthe  discount  of commercial or business paper actually owned by the
 28        person negotiating the same, and;
 29        (d)  Tthe obligations of the United States or general obligations  of  any
 30        state  or of any political subdivision thereof, or obligation issued under
 31        authority of the Ffederal Ffarm Lloan Aact;, shall not  be  considered  as
 32        money borrowed, nor shall the foregoing limitations apply to
 33        (e)  Lloans  made  on  warehouse  receipts  and bills of lading, when such
 34        warehouse receipts and bills of lading cover nonperishable commodities  of
 35        the  marketable value of at least one hundred twenty percent (120%) of the
 36        amount loaned thereon.;
 37        (f)  Loans or obligations shall not be subject under this section  to  any
 38        limitation based upon such capital and surplus and extensions of credit to
 39        the  extent that such loans or obligations are secured or covered by guar-
 40        anties, or by commitments or agreements to take over or to purchase,  made
 41        by  any  Federal  Reserve  Bank or by the United States or any department,
 42        bureau, board, commission, or establishment of the United States,  includ-
 43        ing  any  corporation  wholly  owned  directly or indirectly by the United
 44        States; or
 45        (g)  Loans, including portions thereof, secured by  a  segregated  deposit
 46        account  in  the lending bank, provided a security interest in the deposit
 47        has been perfected under applicable law.
 48        The combined liabilities of the several members of any firm, copartnership
 49    or unincorporated association to the loaning bank shall  be  included  in  the
 50    liabilities  of  such  firm,  copartnership  or unincorporated association and
 51    shall be included in the liabilities of any member thereof in determining  the
 52    foregoing limitations.
 53        (5)  Combination.  Loans or extensions of credit to one (1) borrower shall
 54    be attributed to another person and each person shall  be  deemed  a  borrower
 55    when  proceeds  of a loan or extension of credit are to be used for the direct
                                                                        
                                           8
                                                                        
  1    benefit of the other person, to the extent of the proceeds so used, or when  a
  2    common enterprise is deemed to exist between the persons.
  3        (a)  Direct  benefit.  The  proceeds of a loan or extension of credit to a
  4        borrower shall be deemed to be used for the direct benefit of another per-
  5        son and shall be attributed to the other  person  when  the  proceeds,  or
  6        assets  purchased  with  the  proceeds, are transferred to another person,
  7        other than in a bona fide arm's length transaction where the proceeds  are
  8        used to acquire property, goods or services.
  9        (b)  Common  enterprise.  A common enterprise shall be deemed to exist and
 10        loans to separate borrowers shall be aggregated:
 11             (i)   When the expected source of repayment for each loan  or  exten-
 12             sion of credit is the same for each borrower and neither borrower has
 13             another  source  of  income  from  which  the loan (together with the
 14             borrower's other obligations) may be fully repaid. An employer  shall
 15             not  be treated as a source of repayment under this paragraph because
 16             of wages and salaries paid to an employee  unless  the  standards  of
 17             paragraph (b)(ii) of this subsection are met;
 18             (ii)  When loans or extensions of credit are made:
 19                  1.  To  borrowers who are related directly or indirectly through
 20                  common control, including where one (1) borrower is directly  or
 21                  indirectly controlled by another borrower; and
 22                  2.  Substantial  financial  interdependence  exists  between  or
 23                  among  the  borrowers.  Substantial financial interdependence is
 24                  deemed to exist when fifty percent (50%)  or  more  of  one  (1)
 25                  borrower's  gross  receipts  or gross expenditures (on an annual
 26                  basis) are derived from transactions with  the  other  borrower.
 27                  Gross receipts and expenditures include gross revenues/expenses,
 28                  intercompany  loans, dividends, capital contributions, and simi-
 29                  lar receipts or payments;
 30             (iii) When separate persons borrow from a bank to acquire a  business
 31             enterprise  of which those borrowers will own more than fifty percent
 32             (50%) of the voting securities or voting interests, in which  case  a
 33             common  enterprise  is deemed to exist between the borrowers for pur-
 34             poses of combining the acquisition loans; or
 35             (iv)  When the director determines, based upon an evaluation  of  the
 36             facts  and  circumstances  of  particular transactions, that a common
 37             enterprise exists.
 38        (c)  Loans to a corporate group.
 39             (i)   Loans or extensions of credit by a bank to  a  corporate  group
 40             may not exceed fifty percent (50%) of the bank's capital and surplus.
 41             A  corporate group includes a person and all of its subsidiaries. For
 42             purposes of this paragraph, a corporation or a limited liability com-
 43             pany is a subsidiary of a person if the person owns  or  beneficially
 44             owns directly or indirectly more than fifty percent (50%) of the vot-
 45             ing securities or voting interests of the corporation or company.
 46             (ii)  Except  as  provided  in  paragraph  (c)(i) of this subsection,
 47             loans or extensions of credit to a person and its subsidiary,  or  to
 48             different  subsidiaries  of  a person, are not combined unless either
 49             the direct benefit or the common enterprise test is met.
 50        (d)  Loans to partnerships, joint ventures, and associations.
 51             (i)   Partnership loans. Loans or extensions of credit to a  partner-
 52             ship,  joint  venture or association are deemed to be loans or exten-
 53             sions of credit to each member of the partnership, joint  venture  or
 54             association.  This rule does not apply to limited partners in limited
 55             partnerships or to members of joint ventures or associations  if  the
                                                                        
                                           9
                                                                        
  1             partners  or  members,  by the terms of the partnership or membership
  2             agreement, are not held generally liable for the debts or actions  of
  3             the  partnership,  joint venture or association, and those provisions
  4             are valid under applicable law.
  5             (ii)  Loans to partners.
  6                  1.  Loans or extensions of credit to members of  a  partnership,
  7                  joint  venture or association are not attributed to the partner-
  8                  ship, joint venture or association unless either the direct ben-
  9                  efit or the common enterprise test is met. Both the direct bene-
 10                  fit and common enterprise tests are met between a  member  of  a
 11                  partnership,  joint venture or association and such partnership,
 12                  joint venture or association, when loans or extensions of credit
 13                  are made to the member to purchase an interest in  the  partner-
 14                  ship, joint venture or association.
 15                  2.  Loans  or  extensions of credit to members of a partnership,
 16                  joint venture or association are not attributed to other members
 17                  of the partnership, joint venture or association  unless  either
 18                  the direct benefit or common enterprise test is met.
 19        (e)  Loans  to  foreign  governments and their agencies and instrumentali-
 20        ties.
 21             (i)   Aggregation. Loans and extensions of credit to foreign  govern-
 22             ments  and  their  agencies and instrumentalities shall be aggregated
 23             with one another only if the loans or extensions of  credit  fail  to
 24             meet  either  the means test or the purpose test at the time the loan
 25             or extension of credit is made.
 26                  1.  The means test is satisfied if the borrower has resources or
 27                  revenue of its own sufficient to service its  debt  obligations.
 28                  If  the  government's support (excluding guarantees by a central
 29                  government of the borrower's debt) exceeds the borrower's annual
 30                  revenues from other sources, it shall be presumed that the means
 31                  test has not been satisfied.
 32                  2.  The purpose test is satisfied if the purpose of the loan  or
 33                  extension  of  credit  is  consistent  with  the purposes of the
 34                  borrower's general business.
 35             (ii)  Documentation. In order to show  that  the  means  and  purpose
 36             tests  have  been satisfied, a bank must, at a minimum, retain in its
 37             files the following items:
 38                  1.  A  statement  (accompanied  by   supporting   documentation)
 39                  describing  the  legal  status  and  the degree of financial and
 40                  operational autonomy of the borrowing entity;
 41                  2.  Financial statements for the borrowing entity for a  minimum
 42                  of  three  (3)  years prior to the date the loan or extension of
 43                  credit was made or for each year that the borrowing  entity  has
 44                  been in existence, if less than three (3) years;
 45                  3.  Financial  statements for each year the loan or extension of
 46                  credit is outstanding;
 47                  4.  The bank's assessment of the borrower's means  of  servicing
 48                  the  loan  or extension of credit, including specific reasons in
 49                  support of that assessment.  The  assessment  shall  include  an
 50                  analysis  of  the  borrower's financial history, its present and
 51                  projected economic and financial performance, and  the  signifi-
 52                  cance of any financial support provided to the borrower by third
 53                  parties, including the borrower's central government; and
 54                  5.  A  loan  agreement  or other written statement from the bor-
 55                  rower that clearly describes the purpose of the loan  or  exten-
                                                                        
                                           10
                                                                        
  1                  sion  of credit. The written representation will ordinarily con-
  2                  stitute sufficient evidence that the purpose test has been  sat-
  3                  isfied.  However, when, at the time the funds are disbursed, the
  4                  bank knows or has reason to know of other information suggesting
  5                  that the borrower will use the proceeds in a manner inconsistent
  6                  with the written representation, it  may  not,  without  further
  7                  inquiry, accept the representation.
  8        (6)  Calculation.  For  purposes  of determining compliance with this sec-
  9    tion, a bank shall determine its lending limit as of the last day of the  pre-
 10    ceding  calendar quarter. A bank's lending limit calculated in accordance with
 11    this section shall be effective on the date that the limit  is  to  be  calcu-
 12    lated. If the director determines for safety and soundness reasons that a bank
 13    should  calculate its lending limit more frequently than required by this sub-
 14    section, the director may provide written notice to  the  bank  directing  the
 15    bank  to calculate its lending limit at a more frequent interval, and the bank
 16    shall thereafter calculate its lending limit at that  interval  until  further
 17    notice from the director.
 18        (7)  Nonconforming loans. A loan, within a bank's legal lending limit when
 19    made, shall not be deemed a violation but shall be treated as nonconforming if
 20    the loan is no longer in conformity with the bank's lending limit because:
 21        (a)  The  bank's  capital has declined, borrowers have subsequently merged
 22        or formed a common enterprise, lenders have merged, or the  lending  limit
 23        or capital rules have changed. A bank must use reasonable efforts to bring
 24        a  loan  that  is nonconforming under this subsection into conformity with
 25        the bank's lending limit unless to do so would be inconsistent  with  safe
 26        and sound banking practices.
 27        (b)  Collateral securing the loan to satisfy the requirements of a lending
 28        limit  exception  has  declined in value. A bank must bring a loan that is
 29        nonconforming under this subsection into conformity with the bank's  lend-
 30        ing  limit within thirty (30) calendar days, except when judicial proceed-
 31        ings, regulatory actions or other extraordinary circumstances  beyond  the
 32        bank's control prevent the bank from taking action.
 33        (8)  When  in the judgment of the director the liabilities of any corpora-
 34    tion loans and extensions of credit to any person, or the combined liabilities
 35    of loans and extensions of credit to any corporation and one (1)  or  more  of
 36    its  stockholders  to  any  bank are excessive, he shall require the reduction
 37    thereof to such limits and within such time as he shall prescribe.
 38        Provided, further, that the director may compel the reduction of any  loan
 39    which shall in his judgment appear excessive or dangerous.
                                                                        
 40        SECTION  6.  That  Section  26-710, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        26-7106.  LOANS TO OFFICERS. Except as authorized under this  section,  no
 43    bank  may  extend  credit  in any manner to any of its own executive officers.
 44    Any extension of credit under this section must be approved by  the  board  of
 45    directors  of the bank, and may be made only if such credit extension comports
 46    with the principles of safety and soundness and is in compliance with  regula-
 47    tion O of the board of governors of the federal reserve system, 12 C.F.R. 215.
                                                                        
 48        SECTION  7.  That  Section  26-711, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        26-71107.  REAL ESTATE HOLDINGS. A bank may purchase,  acquire,  hold  and
 51    convey real estate for the following purposes only:
                                                                        
                                           11
                                                                        
  1        (1)  Such  as  shall  be  necessary  for the convenient transaction of its
  2    business, including at the same location as its banking offices other property
  3    to rent as a source of income; provided, however, that no bank shall invest in
  4    buildings and lots and furniture, fixtures and equipment in an amount  greater
  5    than  fifty  per  cent percent (50%) of the capital, surplus and capital notes
  6    structure of such bank.
  7        (2)  Such as shall be conveyed to it in satisfaction of  debts  previously
  8    contracted in the course of business.
  9        (3)  Such  as  it  shall  purchase at sale on judgments, decrees, mortgage
 10    foreclosure or trustees sale for debts previously contracted, but a bank shall
 11    not bid at such sale a larger amount than is necessary to  satisfy  all  debts
 12    and  costs necessary to obtain clear title.  Such real estate shall be carried
 13    on the books of the bank at the lower of cost or market  value.  Market  value
 14    shall  be  determined by a current appraisal prepared by an independent quali-
 15    fied appraiser approved by the director. Thereafter, but  no  more  frequently
 16    than annually, the director may in his discretion request that the bank obtain
 17    from  an  independent  qualified appraiser approved by the director, a further
 18    appraisal of market value or certification by the appraiser  that  the  market
 19    value has not declined.
 20        (4)  No real estate acquired under subsections (2) and (3) of this section
 21    may  be  held for a longer period than five (5) years, provided, however, that
 22    upon application by the bank, the director shall approve the continued holding
 23    of any such real estate by the bank for an additional period of five (5) years
 24    upon the bank's showing of its good faith  attempt  to  dispose  of  the  real
 25    estate  within  the  first  five  (5) year period, or that disposal within the
 26    first five (5) year period would be detrimental to the bank; and provided fur-
 27    ther that the bank shall, during the second five (5) year period, at  the  end
 28    of  each  year beginning at the end of the sixth year in which the property is
 29    held, write down the value of such real estate by twenty percent (20%) of  the
 30    value  at  which  such real estate is carried on its books at the beginning of
 31    the second five (5) year period. Value at the beginning of the second five (5)
 32    year period shall be the lower of cost or market value as determined  pursuant
 33    to  appraisal  as  provided in subsection (3) of this section. Nothing in this
 34    section shall be construed to prevent a bank from making loans secured by real
 35    estate as provided in this act, or a trust department  holding  and  conveying
 36    real estate in trust.
 37        (5)  A bank may, with the approval of the director and the board of gover-
 38    nors  of  the Federal Reserve System or the Federal Deposit Insurance Corpora-
 39    tion invest in bank premises or in the  stock,  bonds,  debentures,  or  other
 40    obligations  of any corporation holding the banking buildings, lots and furni-
 41    ture, fixtures and equipment of such bank in an amount not to exceed the capi-
 42    tal and surplus of the bank.
                                                                        
 43        SECTION 8.  That Section 26-712, Idaho Code, be, and the  same  is  hereby
 44    amended to read as follows:
                                                                        
 45        26-71208.  VALUATION  OF  ASSETS. No bank shall enter or at any time carry
 46    on its books any of its assets at a valuation exceeding their actual  cost  to
 47    the  bank;  nor shall the value of any of its assets be increased on the books
 48    of the bank without the written consent of  the director. Additional  charges,
 49    delinquency  charges and other similar charges on consumer credit transactions
 50    permitted by and made in compliance with the Uniform Consumer Credit Code  and
 51    added to the principal balance of the loan, shall not come within the prohibi-
 52    tion of this section.
                                                                        
                                           12
                                                                        
  1        SECTION  9.  That  Section  26-713, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        26-71309.  STATUTORY BAD DEBT. Every bank carrying any bad debt, or a debt
  4    of doubtful value, as an asset shall, upon the request or demand of the direc-
  5    tor, collect the same or put it in good bankable condition or charge it out of
  6    its books.  Any debt on which interest is past due and unpaid for a period  of
  7    six  (6) months, unless the same is well secured and in process of collection,
  8    shall be considered a bad debt within the meaning of this section.
                                                                        
  9        SECTION 10.  That Section 26-714, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        26-7140.  OWNERSHIP  AND  LEASING  OF  PROPERTY  FOR CUSTOMERS. A bank may
 12    become the owner and lessor of personal property acquired  upon  the  specific
 13    request  and  for  the use of a customer and may incur such additional obliga-
 14    tions as may be incident to becoming an owner and lessor of such property.
                                                                        
 15        SECTION 11.  That Section 26-715, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        26-7151.  LENDING  OF  CREDIT  --  SURETYSHIP AND GUARANTYSHIP. A bank may
 18    lend its credit, bind itself as a surety to indemnify  another,  or  otherwise
 19    become  a  guarantor, only if it has a substantial interest in the performance
 20    of the transaction involved or has a segregated deposit sufficient  in  amount
 21    to cover the bank's total potential liability.
                                                                        
 22        SECTION  12.  That  Section 26-716, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        26-7162.  VALIDITY OF TRANSACTIONS. Nothing in any law of this state shall
 25    in any manner whatsoever affect the validity of, or render void  or  voidable,
 26    the  payment,  certification  or  acceptance  of  a  check or other negotiable
 27    instrument, or any other transaction by a bank in this state, because done  or
 28    performed during any time other than regular banking hours.
                                                                        
 29        SECTION  13.  That  Section 26-717, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        26-7173.  ADVERSE CLAIM TO BANK DEPOSIT. Notice to any bank of an  adverse
 32    claim to a deposit standing on its books to the credit of any person shall not
 33    require  the  bank  to recognize the adverse claim unless the adverse claimant
 34    shall:
 35        (a1)  pProcure a restraining order, injunction or other appropriate  proc-
 36        ess  against  the  bank from a court of competent jurisdiction wherein the
 37        person to whose credit the deposit stands is made a party and served  with
 38        summons,; or
 39        (b2)  eExecute to said bank, in a form and with sureties acceptable to the
 40        bank,  a bond indemnifying the bank from any and all liability, loss, dam-
 41        age, costs and expenses for and on account of the payment of such  adverse
 42        claim  or  the dishonor of the check or other order of the person to whose
 43        credit the deposit stands on the books of the bank.
 44        This section shall not apply in any instance where  the  person  to  whose
 45    credit  the  deposit  stands is a fiduciary for such adverse claimant, and the
 46    facts constituting such relationship and the facts  showing  reasonable  cause
                                                                        
                                           13
                                                                        
  1    for  belief  on  the  part  of  the  claimant  that  the fiduciary is about to
  2    misappropriate the deposit, are made to appear by the affidavit of the  claim-
  3    ant.
                                                                        
  4        SECTION  14.  That  Section 26-718, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        26-7184.  ACCOUNT OF PERSON UNDER DISABILITY. Whenever any  minor  or  any
  7    person  under  disability  shall  become  a  depositor,  as defined in section
  8    26-106, Idaho Code, in any bank in his or her name, such  bank  may  pay  such
  9    money  on  the  check,  order  or endorsement of such depositor the same as in
 10    cases of depositors not under disability, and such payment  shall  be  in  all
 11    respects valid in law.
                                                                        
 12        SECTION  15.  That  Section 26-719, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        26-7195.  BRANCH OR OFFICE AT WHICH INSTRUMENTS ARE TO BE  PRESENTED  MUST
 15    BE  INDICATED.  All  checks, drafts, bills of exchange or other orders for the
 16    payment of money drawn against any bank operating branch banks shall  indicate
 17    the  particular bank and branch at which the same are to be presented for pay-
 18    ment or acceptance.
                                                                        
 19        SECTION 16.  That Section 26-801, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        26-801.  BORROWING  MONEY  -- LIMITATIONS. At no time shall the total bor-
 22    rowings of any bank exceed in the aggregate an amount equal to the capital and
 23    surplus structure of the bank, except with the consent of the director.
 24        For the purpose of computing total borrowings the  following  items  shall
 25    not be included:
 26        (a1)  Federal funds purchased.
 27        (b2)  The  sale  of securities by a bank, under an agreement to repurchase
 28        at the end of a stated period.
 29        (c3)  Borrowings from the Federal Reserve System.
 30        (d4)  The sale of mortgage loans by a bank, under agreement to  repurchase
 31        at the end of a stated period.
 32        (e5)  Money borrowed to meet seasonal requirements.
 33        (f6)  Money borrowed to meet unexpected withdrawals.
 34        (g7)  Capital notes issued in accordance with section 26-802, Idaho Code.
 35        The  total of all borrowings by a bank including those items excluded from
 36    the computation of total borrowings may not exceed in the aggregate an  amount
 37    equal  to  two and one-half (2 1/2) times the capital and surplus structure of
 38    the bank, except with the consent of the director.
 39        Whenever it shall appear to the director that a bank is borrowing money in
 40    excess of the above limitation, or for purposes other than as specified above,
 41    he may require it to reduce such borrowings within a time to be fixed by him.
                                                                        
 42        SECTION 17.  That Section 26-107, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        26-107.  SECTIONS APPLICABLE TO NATIONAL BANKS. The provisions of sections
 45    26-215,  26-301  through  and  including,  26-309,  26-311,  26-7162, 26-7173,
 46    26-7184, 26-1203, 26-1206, 26-1207,  26-1208,  and  26-1209,  26-1601  through
 47    26-1605,  26-2601  through  26-2612,  Idaho Code, shall also apply to national
                                                                        
                                           14
                                                                        
  1    banks.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13498
The Idaho Bank Act contains limitations on amounts of certain types
of loans that may be made by Idaho state-chartered banks.  The
Department regularly receives requests from banks to exceed these
limits, primarily because the limits are outdated and inconsistent
with limits imposed by other states and the federal government. 
The legislation would reduce the regulatory burden for Idaho state-
chartered banks by revising the limitations to clarify them,
raising the amounts, and making the definitions used to determine
the limitations more uniform with those applicable to banks in
other states and national banks.




                         FISCAL  IMPACT
No fiscal impact.



CONTACT   
Name:     Mary Hughes
Agency:   Department of Finance
Phone:    208-332-8030

Statement of Purpose/Fiscal Impact                      H 524