View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
H0221|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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 inthis11 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.$840 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 feespayable 4 hereinare not refundableshall be refunded if the regis- 5 tration for a mark is not granted .
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