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H.C.R. 2

             1     

RESOLUTION TO CONSIDER THE NEED FOR GREATER

             2     
FLEXIBILITY IN AGRICULTURAL LENDING

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Bradley T. Johnson

             6      A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR URGING
             7      FINANCIAL INSTITUTION REGULATORS TO CONSIDER THE NEED FOR GREATER
             8      FLEXIBILITY IN AGRICULTURAL LENDING.
             9      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             10          WHEREAS, Utah is home to over 13,000 farms;
             11          WHEREAS, over 100,000 jobs are directly tied to Utah's agricultural industry;
             12          WHEREAS, agriculture impacts many other industries, it may account for up to 20% of
             13      the economy, and may have an overall fiscal impact on the economy equaling approximately
             14      $3,000,000,000;
             15          WHEREAS, Utah food and agriculture producers and processors set an export record for
             16      the sixth year in a row in 1997, totaling $280 million;
             17          WHEREAS, although marketing of Utah crops and livestock in 1997 produced a 9%
             18      increase in cash receipts over 1996, production expenses contributed to a decline in actual farm
             19      income;
             20          WHEREAS, the benefits of agricultural land include food and fiber production, wildlife
             21      habitat, scenic vistas, well-being of citizens, and enhanced economic and environmental health;
             22          WHEREAS, continued support of the agricultural industry is crucial to preserving our
             23      agricultural heritage and the defining characteristics it offers many of our communities;
             24          WHEREAS, agricultural loans from financial institutions are sometimes necessary to
             25      sustain the productivity and existence of farms;
             26          WHEREAS, the agricultural industry is unique from other commercial industries because
             27      of its cyclical nature wherein its sales dates vary according to market and in some instances are


             28      carried into the next year;
             29          WHEREAS, the agricultural industry's cyclical nature is due in large part to natural forces
             30      and weather patterns that are not within farmers' control; and
             31          WHEREAS, because financial institution regulators have a great influence on how
             32      agricultural lenders view extensions of credit, regulators could effectively facilitate examination
             33      of the need for more flexibility in the area of agricultural lending:
             34          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             35      Governor concurring therein, in recognition of the unique needs of the state's agricultural business,
             36      urge financial institution regulators to consider the need for greater flexibility in agricultural
             37      lending and work with the agricultural and lending industries to determine how best to achieve any
             38      needed flexibility.
             39          BE IT FURTHER RESOLVED that the Legislature of the state of Utah, the Governor
             40      concurring therein, urge financial institution regulators, to specifically explore flexibility in cash
             41      flow analysis used in determining eligibility for agricultural loans, such as the possibility of
             42      conducting cash flow analysis on periods of no less than five years, thereby providing a more
             43      accurate portrayal of farms' financial standing.




Legislative Review Note
    as of 1-21-99 5:17 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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