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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
S1388|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 anycounty or countysubdivision 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 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