1999 Legislation
Print Friendly

HOUSE BILL NO. 221 – Nonprofit corp/trademark, fees

HOUSE BILL NO. 221

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0221...........................................................by BUSINESS
NONPROFIT CORPORATIONS - TRADEMARK REGISTRATION - Amends existing law to
increase the fee charged by the Secretary of State for expedited service
for nonprofit corporation filing; and to require that the fee for a
trademark application be refunded if the application is denied.

02/12    House intro - 1st rdg - to printing
02/15    Rpt prt - to Bus
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 61-1-8
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
      Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
      Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
      Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stone, Taylor(Taylor), Tilman, Tippets, Watson, Wheeler, Williams,
      Wood, Zimmermann
      NAYS -- Alltus
      Absent and excused -- Boe, Deal, Gould, Hansen(29), Kellogg,
      Stoicheff, Trail, Mr Speaker
    Floor Sponsor - Hammond
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - Stegner
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/23    Governor signed
         Session Law Chapter 211
         Effective: 07/01/99

Bill Text


H0221


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 221

                                  BY BUSINESS COMMITTEE

 1                                        AN ACT
 2    RELATING TO FEES COLLECTED BY THE SECRETARY OF STATE; AMENDING SECTION 30-3-4,
 3        IDAHO CODE, TO CHANGE THE FEE FOR EXPEDITED SERVICE FOR NONPROFIT CORPORA-
 4        TION FILINGS; AND AMENDING SECTION 48-517, IDAHO CODE, TO REQUIRE THAT THE
 5        FEE FOR A TRADEMARK APPLICATION BE REFUNDED IF THE APPLICATION IS DENIED.

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

 7        SECTION 1.  That Section 30-3-4, Idaho Code, be, and the  same  is  hereby
 8    amended to read as follows:

 9        30-3-4.  FILING,  SERVICE  AND  COPYING FEES. The secretary of state shall
10    collect the following fees when the documents described in   this  
11     these  subsection s  are delivered for filing:
12        (1)  Articles of incorporation......................................$30.00
13        (2)  Application for reserved name..................................$20.00
14        (3)  Notice of transfer of reserved name............................$20.00
15        (4)  Application for registered name................................$30.00
16        (5)  Application for renewal of registered name.....................$30.00
17        (6)  Corporation's  statement  of change of registered agent or registered
18             office or both.................................................no fee
19        (7)  Agent's statement of change of registered office  for  each  affected
20             corporation....................................................no fee
21        (8)  Agent's statement of resignation...............................no fee
22        (9)  Amendment of articles of incorporation.........................$30.00
23        (10) Restatement of articles of incorporation with amendments.......$30.00
24        (11) Articles of merger.............................................$30.00
25        (12) Articles of dissolution........................................$30.00
26        (13) Application  for  reinstatement  following administrative dissolution
27             ...............................................................$30.00
28        (14) Application for certificate of authority.......................$30.00
29        (15) Application for amended certificate of authority...............$30.00
30        (16) Application for certificate of withdrawal......................$20.00
31        (17) Certificate of revocation of authority to transact business....no fee
32        (18) Annual report..................................................no fee
33        (19) Articles of correction.........................................$20.00
34        (20) Certificate of existence or authorization......................$10.00
35        (21) Any other document required or permitted to  be  filed  by  this  act
36             ...............................................................$20.00
37        (22) Filing any document relating to a nonprofit corporation when the fil-
38             ing  party  requires  the  evidence  of  completion  of  filing to be
39             returned within eight (8) hours, a surcharge of.$  8 
40             20 .00

41        SECTION 2.  That Section 48-517, Idaho Code, be, and the  same  is  hereby
42    amended to read as follows:


                                      2

 1        48-517.  FEES. The secretary of state shall charge thirty dollars ($30.00)
 2    for  the various applications and filing fees required in this chapter and for
 3    related services. The   application    fee  s    payable
 4    herein    are not refundable   shall be refunded if the regis-
 5    tration for a mark is not granted .

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                               RS08849

The purpose of this proposed legislation is to revise two
of the statutory fees collected by the Secretary of State. The
first fee being changed is the fee for expediting the filing of
documents submitted by nonprofit corporations. The bill raises
the fee for special handling of such filings from $8.00 to
$20.00. The proposed higher fee is the same as the fees for
expediting filings by all other corporations and other business
entities. The $8.00 fee enacted in Senate Bill 1353 in 1998 was
a drafting error; the fee should have been 520.00 when first
proposed in order to be uniform with other such fees.
The second fee-related proposal in the bill does not raise
a fee, but simply requires the Secretary of State to refund an
application fee for a trademark registration when the
application is not granted. The model trademark law offered by
the International Trademark Association contains the language
now in the statute, but it is not thought necessary to keep the
application fee when the application is denied.

                                  
                             FISCAL NOTE

There is relatively little demand for expediting or special
handling of nonprofit corporation filings; apparently a total of
only 26 such filings were expedited in 1998. The increase in the
fee will be unlikely to have a significant fiscal effect. It is
possible the higher fee may even reduce the present minimal
demand for quicker service.
Allowing the Secretary of State to refund trademark
application fees is also not destined to have a noticeable
effect on receipts. Only 17 trademark applications were not
granted in 1998.



CONTACT: Chuck Goodenough
       Deputy Secretary of State, Commercial Affairs
       (208) 334-2301
       

STATEMENT OF PURPOSE/FISCAL NOTE        BILL NO.     H 221