HOUSE BILL NO. 313

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Daily Data Tracking History



H0313......................................................by STATE AFFAIRS
ASSUMED BUSINESS NAMES - Amends and repeals existing law to provide that
assumed business names remain in effect until canceled; to increase the fee
for filing an assumed business name; and to delete fees for continuing an
assumed business name.
                                                                        
02/28    House intro - 1st rdg - to printing
03/03    Rpt prt - to St Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      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(Wallace),
      Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
      Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
      Wills, Wood, Mr. Speaker.
      NAYS -- None
      Absent and excused -- Crow
    Floor Sponsor - Smylie
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to Com/HuRes
03/21    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/25    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, 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 -- None
    Floor Sponsor - Noble
    Title apvd - to House
03/26    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/31    To Governor
04/04    Governor signed
         Session Law Chapter 223
         Effective: 04/04/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 313
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ASSUMED BUSINESS NAMES; AMENDING SECTION 53-506,  IDAHO  CODE,  TO
  3        DELETE  PROVISIONS  CONTINUING  ASSUMED BUSINESS NAMES AND TO PROVIDE THAT
  4        ASSUMED BUSINESS NAMES REMAIN IN EFFECT UNTIL CANCELED;  AMENDING  SECTION
  5        53-510,  IDAHO  CODE,  TO  INCREASE THE FEE FOR FILING AN ASSUMED BUSINESS
  6        NAME AND DELETE FEES FOR CONTINUING AN ASSUMED  BUSINESS  NAME;  REPEALING
  7        SECTION 53-511, IDAHO CODE; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  53-506, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        53-506.  EFFECT OF FILING -- DURATION -- CONTINUATION. (1)  A  person  may
 12    conduct  business  under  an assumed business name if a certificate of assumed
 13    business name has been filed with the secretary of state and is in effect.
 14        (2)  A certificate of assumed business name is in effect upon filing for a
 15    period of five (5) years, unless a statement of continuation is filed with the
 16    secretary of state prior to the lapse of the five (5) year period  until  can-
 17    celed pursuant to section 53-508, Idaho Code.
 18        (3)  A  statement of continuation may be filed with the secretary of state
 19    during the six (6) month period which ends on the last day  of  the  five  (5)
 20    year period of effectiveness of the certificate of assumed business name.  The
 21    statement  of  continuation  shall be in a form prescribed by the secretary of
 22    state.  The form may be in any medium permitted by the secretary of state.
 23        (4)  The filing of a statement of continuation  continues  the  period  of
 24    effectiveness  of  the certificate of assumed business name for five (5) years
 25    from the date on which effectiveness would have lapsed but for the  filing  of
 26    the statement of continuation.
 27        (5)  Successive  statements  of continuation may be filed for each succes-
 28    sive five (5) year period in the same manner as the first statement of contin-
 29    uation.
 30        (6)  A statement of continuation shall be executed in the same  manner  as
 31    required for a certificate of assumed business name.
                                                                        
 32        SECTION  2.  That  Section  53-510, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        53-510.  FEES. The secretary of state shall charge and  collect  fees  for
 35    services under this chapter as follows:
 36        (1)  For  filing  a certificate of assumed business name, twenty-five dol-
 37    lars ($205.00).
 38        (2)  For filing a statement of continuation of a  certificate  of  assumed
 39    business name, ten dollars ($10.00).
 40        (3)  For  filing  a  certificate  of amendment to a certificate of assumed
 41    business name, ten dollars ($10.00).
                                                                        
                                           2
                                                                        
  1        (43)  For filing a certificate of cancellation of a certificate of assumed
  2    business name, no charge.
  3        (54)  For issuance of certified copies and certificates of fact   concern-
  4    ing  filing  of  certificates  of assumed business name and related documents,
  5    fees as provided in section 67-910, Idaho Code.
                                                                        
  6        SECTION 3.  That Section 53-511, Idaho Code, be, and the  same  is  hereby
  7    repealed.
                                                                        
  8        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
  9    declared to exist, this act shall be in full force and effect on and after its
 10    passage and approval.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE
                             RS 13032
The intent of this legislation is to remove the requirement that
certificates of assumed business names be continued every five
years in order to remain in effect.  The bill also raises the fee
for initial filing of a certificate of assumed business name to
$25.00 from $20.00 in order to recover any revenue which might be
lost if the legislation becomes law and there is no further need
for continuations of assumed business names.  The bill also
deletes the transition provisions in Idaho Code 53-511 which are
no longer necessary.

Very few assumed business names are continued, and any process
for notifying those who have filed certificates of assumed
business names that continuations should be filed would be
extremely wasteful.  Such names are not deleted from the
Secretary of State's business entity database and would continue
to serve the purposes of the statute even if the certificate of
assumed business name lapses under the present law.

This chapter went into effect on 1 January 1997.  There were over
10,000 certificates of assumed business names filed during 1997
(and an average of over 9800 every year since).  During 2002,
almost all of the 1997 assumed business names lapsed due to the
passage of five years; a total of seventy-three certificates of
assumed business names were continued during 2002.

The legislation also includes an emergency clause.
                          FISCAL IMPACT
By increasing the initial fee for filing certificates of assumed
business names, potential losses to the general fund should be
eliminated or significantly reduced.


Contact
Name: Chuck Goodenough, Deputy Secretary of State, Commercial
Division 
Phone: 208/334-2301


STATEMENT OF PURPOSE/FISCAL NOTE       H 313