1998 Legislation
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SENATE BILL NO. 1388 – Recording/filing fee, city/cnty/etc

SENATE BILL NO. 1388

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Daily Data Tracking History



S1388......................................................by STATE AFFAIRS
RECORDING/FILING FEES - Amends existing law to provide that no filing or
recording fee shall be charged for duties performed or services rendered to
any county, municipal corporation or district created pursuant to statute
or any officer of any such subdivision.

02/03    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to St Aff
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sandy
    Title apvd - to House
03/02    House intro - 1st rdg - to St Aff
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 69-0-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff,
      Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Reynolds
    Floor Sponsor - Stoicheff
    Title apvd - to Senate
03/16    To enrol
03/18    Rpt enrol - Pres signed
03/19    Sp signed - to Governor
03/20    Governor signed
         Session Law Chapter 145
         Effective: 03/20/98

Bill Text


S1388


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1388

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO EXEMPTION FROM PAYMENT OF FEES; AMENDING  SECTION  67-2301,  IDAHO
 3        CODE,  TO  PROVIDE  THAT  NO  FILING OR RECORDING FEE SHALL BE CHARGED FOR
 4        DUTIES PERFORMED OR SERVICES RENDERED TO ANY COUNTY, MUNICIPAL CORPORATION
 5        OR DISTRICT CREATED PURSUANT TO STATUTE OR ANY OFFICER  OF  SUCH  SUBDIVI-
 6        SION; AND DECLARING AN EMERGENCY.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION  1.  That  Section 67-2301, Idaho Code, be, and the same is hereby
 9    amended to read as follows:

10        67-2301.  EXEMPTION FROM PAYMENT OF FEES. No fees or compensation  of  any
11    kind (except the regular salary or compensation paid by the state to the offi-
12    cer,  agent,  or  employee  individually for his services) shall be charged or
13    received by any state board, officer, agent or employee for  duties  performed
14    or  services  rendered to or for the state or to or for any state board, offi-
15    cer, agent, or employee in the performance of his or their official duties, or
16    to or for the state or any state board, officer, agent  and  employee  in  any
17    action  or  proceeding  in which they or any of them are parties. No filing or
18    recording fee shall be charged or received for duties  performed  or  services
19    rendered  to  or  for  the state or to or for any state board, officer, agent,
20    employee or any  county or county   subdivision of the  state,
21    to  include  a  county,  municipal corporation or district created pursuant to
22    statute, or an  officer  of such subdivision  in the  perfor-
23    mance of his or their official duties.

24        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
25    declared to exist, this act shall be in full force and effect on and after its
26    passage and approval.

Statement of Purpose / Fiscal Impact








    STATEMENT OF PURPOSE RS07537
    
   This bill extends the reciprocal exemption from filing and recording fees among units and levels 
    of government to include all subdivisions of state government. The rationale is that there is no basis 
    for distinguishing between counties and other subdivisions of the state in the collection of fees es 
    for services by other levels of government. For example, under current law, the secretary of state 
    may exempt a county government from paying the commissioning fee for notaries public they must 
    employ, but not a city. There appears to be no rational basis for the distinction.
    
    
    FISCAL IMPACT
    There will be small balancing losses of revenue and savings of costs among different
    levels of government. There will be a nominal saving in costs of processing of fee
    receipts and issusing  of warrants.
    
    
    CONTACTS: 
    Names and phones:
    
    Ben Ysursa 332-2S 13
    Bill Farnsworth, 332-2846
    Office of the Secretary of State
    Statement of Purpose/Fiscal Impact
    
    S 1388