As Amended by Senate Committee
         
Session of 1999
         
Substitute for HOUSE BILL No. 2527
         
By Committee on Agriculture
         
3-24
         

11             AN  ACT concerning state moneys; providing for agricultural production
12             loans; amending K.S.A. 75-4209 and 75-4237 and repealing the existing
13             sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. The provisions of sections 1 through 7, and amend-
17       ments thereto, shall be known and may be cited as the Kansas agricultural
18       production loan deposit program.
19             New Sec.  2. As used in this act sections 1 through 7, and amend-
20       ments thereto: (a) ``Agricultural production loan deposit'' means an in-
21       vestment account placed by the director of investments under the pro-
22       visions of article 42 of chapter 75 of the Kansas Statutes Annotated with
23       an eligible lending institution for the purpose of carrying out the intent
24       of this act;
25             (b) ``agricultural production loan deposit loan package'' means the
26       forms provided by the state treasurer for the purpose of applying for an
27       agricultural production loan deposit;
28             (c) ``eligible lending institution'' means a:
29             (1) A bank, as defined under K.S.A. 75-4201, and amendments
30       thereto, that agrees to participate in the Kansas agricultural production
31       loan deposit program and is eligible to be a depository of state funds; or
32             (2) an institution of the farm credit system organized under the
33       federal farm credit act of 1971 (12 U.S.C. 2001), as amended, that
34       agrees to participate in the Kansas agricultural production loan
35       deposit program and provides securities acceptable to the pooled
36       money investment board pursuant to article 42 of chapter 75 of the
37       Kansas Statutes Annotated, and amendments thereto; and
38             (d) ``eligible agricultural borrower'' means any person individual,
39       limited liability agricultural company, limited agricultural, part-
40       nership or family farm corporation as defined in K.S.A. 17-5903 and
41       amendments thereto involved in farming.
42             New Sec.  3. (a) The state treasurer is hereby authorized to admin-
43       ister the Kansas agricultural production loan deposit program. Such pro-


2

  1       gram shall be for the purpose of providing incentives for the making of
  2       agricultural production loans. The state treasurer shall promulgate rules
  3       and regulations to carry out the provisions of this act sections 1 through
  4       7, and amendments thereto.
  5             (b) The state treasurer shall submit an annual report outlining the
  6       status of the program to the governor and the legislature.
  7             New Sec.  4. (a) The state treasurer is hereby authorized to dissem-
  8       inate information and to provide agricultural production loan deposit loan
  9       packages to the lending institutions eligible for participation in this act.
10             (b) The agricultural production loan deposit loan package shall be
11       completed by the borrower before being forwarded to the lending insti-
12       tution for consideration.
13             (c)  (1) An eligible lending institution that agrees to receive an agri-
14       cultural production loan deposit shall accept and review applications for
15       loans from eligible agricultural borrowers. The lending institution shall
16       apply all usual lending standards to determine the credit worthiness of
17       eligible agricultural borrowers. No single agricultural production loan de-
18       posit loan shall exceed $250,000. The total aggregate amount of agricul-
19       tural production loan deposit loans under this program shall not exceed
20       $50,000,000 of unencumbered funds pursuant to article 42 of chap-
21       ter 75 of the Kansas Statutes Annotated, and amendments thereto.
22             (2) To be eligible to obtain an agricultural production loan, an eligible
23       agricultural borrower must have a debt-to-asset ratio of 40% or greater.
24             (3) Only one agricultural production loan deposit loan shall be made
25       and be outstanding at any one time to any agricultural borrower.
26             (4) No loan shall be amortized for a period of more than eight years.
27             (d) An eligible agricultural borrower shall certify on its loan applica-
28       tion that the reduced rate loan will be used exclusively for the purposes
29       of this act operating expenses involved in farming.
30             (e) The eligible lending institution may approve or reject an agricul-
31       tural production loan deposit loan package based on the lending institu-
32       tion's evaluation of the eligible agricultural borrowers included in the
33       package, the amount of the individual loan in the package and other
34       appropriate considerations.
35             (f) The eligible lending institution shall forward to the state treasurer,
36       an approved agricultural production loan deposit loan package, in the
37       form and manner prescribed and approved by the state treasurer. The
38       package shall include information regarding the amount of the loan re-
39       quested by each eligible agricultural borrower and such other information
40       regarding each eligible agricultural borrower the state treasurer requires,
41       including a certification by the applicant that such applicant is an eligible
42       agricultural borrower.
43             New Sec.  5. (a) The state treasurer may accept or reject an agricul-


3

  1       tural production loan deposit loan package based on the state treasurer's
  2       evaluation of whether the loan to the eligible agricultural borrower meets
  3       the purposes of this act. If sufficient funds are not available for an agri-
  4       cultural production loan deposit, then the applications may be considered
  5       in the order received when funds are once again available subject to a
  6       review by the lending institution.
  7             (b) Upon acceptance, the state treasurer shall certify to the director
  8       of investments the amount required for such agricultural production loan
  9       deposit loan package and the director of investments shall place an ag-
10       ricultural production loan deposit in the amount certified by the state
11       treasurer with the eligible lending institution at an interest rate, which is
12       2% below the market rate provided in K.S.A. 75-4237, and amendments
13       thereto, and which shall be recalculated on the first business day of
14       each calendar year using the market rate then in effect. When nec-
15       essary, the state treasurer may request the director of investments to place
16       such agricultural production loan deposit prior to acceptance of an agri-
17       cultural production loan deposit loan package.
18             (c) The eligible lending institution shall enter into an agricultural pro-
19       duction loan deposit agreement with the state treasurer, which shall in-
20       clude requirements necessary to implement the purposes of the Kansas
21       agricultural production loan deposit program. Such requirements shall
22       include an agreement by the eligible lending institution to lend an amount
23       equal to the agricultural production loan deposit to eligible agricultural
24       borrowers at an interest rate which is not more than 2% above the market
25       rate as determined under K.S.A. 75-4237, and amendments thereto, and
26       which shall be recalculated on the first business day of each cal-
27       endar year using the market rate then in effect. The agreement shall
28       include provisions for the agricultural production loan deposit to be
29       placed for a maturity considered appropriate in coordination with the
30       underlying agricultural production loan. The agreement shall include pro-
31       visions for the reduction of the agricultural production loan deposit in an
32       amount equal to any payment of loan principal by the eligible agricultural
33       borrower.
34             New Sec.  6. (a) Upon the placement of an agricultural production
35       loan deposit with an eligible lending institution, the institution shall fund
36       the loan to each approved eligible agricultural borrower listed in the ag-
37       ricultural production loan deposit loan package in accordance with the
38       agricultural production loan deposit agreement between the institution
39       and the state treasurer. The loan shall be at a rate as provided in section
40       5 and amendments thereto. A certification of compliance with this section
41       in the form and manner as prescribed by the state treasurer shall be
42       required of the eligible lending institution.
43             (b) The state treasurer shall take any and all steps necessary to im-


4

  1       plement the Kansas agricultural production loan deposit program.
  2             New Sec.  7. The state and the state treasurer shall not be liable to
  3       any eligible lending institution in any manner for payment of the principal
  4       or interest on the loan to an eligible agricultural borrower. Any delay in
  5       payments or default on the part of an eligible agricultural borrower does
  6       not in any manner affect the agricultural production loan deposit agree-
  7       ment between the eligible lending institution and the state treasurer.
  8             New Sec.  8. The provisions of this act shall expire on July 1, 2002.
  9             Sec.  9. 8. K.S.A. 75-4209 is hereby amended to read as follows: 75-
10       4209. (a) The director of investments may invest and reinvest state mon-
11       eys eligible for investment which are not invested in accordance with
12       K.S.A. 75-4237, in the following investments:
13             (1) Direct obligations of, or obligations that are insured as to principal
14       and interest by, the United States of America or any agency thereof and
15       obligations and securities of the United States sponsored enterprises
16       which under federal law may be accepted as security for public funds, on
17       and after the effective date of this act moneys available for investment
18       under this subsection shall not be invested in mortgage-backed securities
19       of such enterprises and of the government national mortgage association,
20       except that any such mortgage-backed securities held prior to the effec-
21       tive date of this act may be held to maturity;
22             (2) repurchase agreements with a bank or a primary government se-
23       curities dealer which reports to the market reports division of the federal
24       reserve bank of New York for direct obligations of, or obligations that are
25       insured as to principal and interest by, the United States government or
26       any agency thereof and obligations and securities of United States gov-
27       ernment sponsored enterprises which under federal law may be accepted
28       as security for public funds;
29             (3) commercial paper that does not exceed 270 days to maturity and
30       which has received one of the two highest commercial paper credit ratings
31       by a nationally recognized investment rating firm.
32             (b) When moneys are available for deposit or investments, the direc-
33       tor of investments may invest in SKILL act projects and bonds pursuant
34       to K.S.A. 1997 Supp. 74-8920, and amendments thereto, and in state
35       agency bonds and bond projects.
36             (c) When moneys are available for deposits or investments, the di-
37       rector of investments may invest in preferred stock of Kansas venture
38       capital, inc., under terms and conditions prescribed by K.S.A. 74-8203,
39       and amendments thereto, but such investments shall not in the aggregate
40       exceed a total amount of $10,000,000.
41             (d) When moneys are available for deposits or investments, the di-
42       rector of investments may invest in loans pursuant to legislative mandates,
43       except that not more than the lesser of 10% or $80,000,000 of the state


5

  1       moneys shall be invested.
  2             (e) Interest on investment accounts in banks is to be paid at maturity,
  3       but not less than annually.
  4             (f) Investments made by the director of investments under the pro-
  5       visions of this section shall be made with judgment and care, under cir-
  6       cumstances then prevailing, which persons of prudence, discretion and
  7       intelligence exercise in the management of their own affairs, not for spec-
  8       ulation, but for investment, considering the probable safety of their capital
  9       as well as the probable income to be derived.
10             (g) Investments under subsection (a) or (b) of this section or under
11       K.S.A. 75-4237 shall be for a period not to exceed four years, except that
12       agricultural production loan deposits authorized under the provisions of
13       sections 1 through 7, and amendments thereto, shall not exceed a period
14       of eight years.
15             (h) Investments in securities under paragraph (1) of subsection (a)
16       shall be limited to securities which do not have any more interest rate
17       risk than do direct United States government obligations of similar ma-
18       turities. For purposes of this subsection, ``interest rate risk'' means market
19       value changes due to changes in current interest rates.
20             (i) The director of investments shall not invest state moneys eligible
21       for investment under subsection (a), in the municipal investment pool
22       fund, created under K.S.A. 1997 Supp. 12-1677a, and amendments
23       thereto.
24             (j) The director of investments shall not invest moneys in the pooled
25       money investment portfolio in derivatives. As used in this subsection,
26       ``derivatives'' means a financial contract whose value depends on the value
27       of an underlying asset or index of asset values.
28             (k) Moneys and investments in the pooled money investment port-
29       folio shall be invested and reinvested by the director of investments in
30       accordance with investment policies developed, approved, published and
31       updated on an annual basis by the board. Such investment policies shall
32       include at a minimum guidelines which identify credit standards, eligible
33       instruments, allowable maturity ranges, methods for valuing the portfolio,
34       calculating earnings and yields and limits on portfolio concentration for
35       each type of investment. Any changes in such investment policies shall
36       be approved by the pooled money investment board. Such investment
37       policies may specify the contents of reports, methods of crediting funds
38       and accounts and other operating procedures.
39             (l) The board shall adopt rules and regulations to establish an overall
40       percentage limitation on the investment of moneys in investments au-
41       thorized under paragraph (3) of subsection (a), and within such author-
42       ized investment, the board shall establish a percentage limitation on the
43       investment in any single business entity.


6

  1             Sec.  10. 9. K.S.A. 75-4237 is hereby amended to read as follows: 75-
  2       4237. (a) The director of investments shall accept requests from banks
  3       interested in obtaining investment accounts of state moneys. Such re-
  4       quests may be submitted any business day and shall specify the dollar
  5       amount, maturity or maturity range and interest rate. Except as provided
  6       in subsection (c), if the interest rate bid by the bank is at or greater than
  7       the market rate determined by the director of investments in accordance
  8       with subsection (b), the director of investments is authorized to award
  9       the investment account to the bidding bank at the market rate. Awards
10       of investment accounts pursuant to this section shall be subject to in-
11       vestment policies of the pooled money investment board. When multiple
12       bids are received and are in excess of the amount available for investment
13       that day for any maturity, awards shall be made available in ascending
14       order from smallest to largest dollar amount bid, subject to investment
15       policies of the board.
16             (b) The market rate shall be determined each business day by the
17       director of investments, in accordance with any procedures established
18       by the pooled money investment board. Subject to any policies of the
19       board, the market rate shall reflect the highest rate at which state moneys
20       can be invested on the open market in investments authorized by sub-
21       section (a) of K.S.A. 75-4209 and amendments thereto for equivalent
22       maturities.
23             (c) Notwithstanding the provisions of this section, agricultural pro-
24       duction loan deposits made pursuant to the provisions of sections 1
25       through 7 and amendments thereto, shall be at 2% less than the market
26       rate provided by this section and which shall be recalculated on the
27       first business day of each calendar year using the market rate then
28       in effect.
29        New Sec.  10. (a) On and after the effective date of this act and
30       prior to July 1, 2004, a state bank or national banking association
31       which extends or renews an agricultural production loan under the
32       provisions of this section to an eligible agricultural borrower at an
33       interest rate which is at least one whole percentage point less than
34       the prime interest rate then specified by the bank on such loans
35       with equivalent collateral, and a state bank or national banking
36       association which reduces the rate of interest being charged on any
37       outstanding agricultural production loan to an eligible agricultural
38       borrower by at least one whole percentage point shall receive a
39       credit against its tax liability pursuant to K.S.A. 79-1106 et seq., and
40       amendments thereto, for taxable years commending after December
41       31, 1999, to the extent hereinafter provided. Such tax credit shall
42       be allowed for such interest rate reductions upon agricultural pro-
43       duction loans having a total principal amount not exceeding 15%


7

  1       of the amount of such loans reflected in the bank's report of con-
  2       dition filed with the federal deposit insurance corporation as of De-
  3       cember 31, 1999.
  4             (b) For the purposes of this section, the term ``eligible agricul-
  5       tural borrower'' means any person, limited agricultural partner-
  6       ship, limited liability agricultural company or family farm corpo-
  7       ration, as defined in K.S.A. 17-5903, and amendments thereto,
  8       located in the state of Kansas, having an agricultural production
  9       loan which has been classified as substandard or doubtful: (1) by
10       any banking regulator, the farm credit administration or a district
11       farm credit system institution which is subject to review by the farm
12       credit administration; or (2) by the designated loan committee of
13       such banking association prior to examination for classification el-
14       igibility by the banking regulator, the farm credit administration
15       or a district farm credit system institution which is subject to review
16       by the farm credit administration.
17             (c) An interest rate reduction may be applied under the provi-
18       sions of this section only when the eligible borrower can be reason-
19       ably expected to service the principal and interest for the term of
20       such person's loan.
21             (d) The total credit against tax liability shall be the amount by
22       which the interest income to the state bank or national banking
23       association on and after the effective date of this act and prior to
24       July 1, 2004, has been reduced on such loans because of such re-
25       ductions in rates of interest, except that the credit allowed as a
26       result of an interest rate reduction on any one agricultural produc-
27       tion loan shall not exceed an amount equal to 3% per annum on the
28       unpaid principal balance of the loan. The tax credit allowed for any
29       taxable year shall not exceed 1/5 of the total tax credit of the bank
30       allowed under this section. Unused tax credit shall be carried for-
31       ward as a credit to the bank's tax liability in each subsequent tax-
32       able year and shall then be taken into account, subject to the lim-
33       itation that the credit in any one taxable year may not exceed 1/5 of
34       the total tax credit.
35             New Sec.  11. (a) On and after the effective date of this act and
36       prior to July 1, 2004, any production credit association or agricul-
37       tural credit association chartered by the farm credit administration
38       under the federal farm credit act, as amended (12 U.S.C. 2001 et
39       seq.), which extends or renews an agricultural production loan un-
40       der the provisions of this section to an eligible agricultural bor-
41       rower at an interest rate which is at least one whole percentage
42       point less than the lowest rate at which the association is making
43       agricultural production loans to agricultural loan customers with


8

  1       equivalent collateral, and any such association which reduces the
  2       rate of interest being charged on any outstanding agricultural pro-
  3       duction loan to an eligible agricultural borrower by at least one
  4       whole percentage point shall receive a credit against its income tax
  5       liability pursuant to article 32 of chapter 79 of the Kansas Statutes
  6       Annotated, for taxable years commencing after December 31, 1999,
  7       to the extent hereinafter provided. Such tax credit shall be allowed
  8       for such interest rate reductions by an association upon agricultural
  9       production loans having a total principal amount not exceeding
10       15% of the amount of such loans reflected in the association's report
11       filed with the farm credit administration for calendar year 1999.
12             (b) For the purposes of this section, the term ``eligible agricul-
13       tural borrower'' means any person, limited agricultural partner-
14       ship, limited liability agricultural company or family farm corpo-
15       ration, as defined in K.S.A. 17-5903, and amendments thereto,
16       located in the state of Kansas, having an agricultural production
17       loan which has been classified as substandard or doubtful: (1) by
18       any banking regulator, the farm credit administration or a district
19       farm credit system institution which is subject to review by the farm
20       credit administration; or (2) by the designated loan committee of
21       such association prior to examination for classification eligibility
22       by the banking regulator, the farm credit administration or a dis-
23       trict farm credit system institution which is subject to review by the
24       farm credit administration.
25             (c) An interest rate reduction may be applied under the provi-
26       sions of this section only when the eligible borrower can be reason-
27       ably expected to service the principal and interest of such person's
28       loan.
29             (d) The total credit against tax liability shall be the amount by
30       which the interest income to the association on and after the effec-
31       tive date of this act and prior to July 1, 2004, has been reduced on
32       such loans because of such reductions in rates of interest, except
33       that the credit allowed as a result of an interest rate reduction on
34       any one agricultural production loan shall not exceed an amount
35       equal to 3% per annum on the unpaid principal balance of the loan.
36       The tax credit allowed for any taxable year shall not exceed 1/5 of
37       the total tax credit of the association allowed under this section.
38       Unused tax credit shall be carried forward as a credit to the asso-
39       ciation's tax liability in each subsequent taxable year and shall then
40       be taken into account, subject to the limitation that the credit in
41       any one taxable year may not exceed 1/5 of the total tax credit.
42             (e) Any taxpayer who qualified for and claimed credit under
43       this section prior to its amendment by this section shall continue to


9

  1       be subject to this section as in effect at the time the taxpayer qual-
  2       ified for such credits for the entire period for which the credits were
  3       claimed.
  4             New Sec.  12. Any state bank, national banking association or
  5       production credit association or agricultural credit association
  6       chartered by the farm credit administration under the federal farm
  7       credit act, as amended (12 U.S.C. 2001 et seq.), who claims a tax
  8       credit pursuant to section 10 or 11, and amendments thereto, shall
  9       not use any funds from an agricultural production loan deposit,
10       invested pursuant to sections 1 through 7, and amendments thereto,
11       for agricultural production loans to qualify for the tax credit pur-
12       suant to section 10 or 11, and amendments thereto.
13        Sec.  11. 13. K.S.A. 75-4209 and 75-4237 are hereby repealed.
14        Sec.  12. 14. This act shall take effect and be in force from and after
15       its publication in the Kansas register.