2000 Legislation
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HOUSE BILL NO. 618 – Partnership authority/statmnt/filng

HOUSE BILL NO. 618

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Daily Data Tracking History



H0618...........................................................by BUSINESS
PARTNERSHIPS - Amends existing law to delete the requirement that a
statement of partnership authority be filed prior to the filing of a
statement of dissociation or the filing of a statement of dissolution.
                                                                        
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Bus
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 62-1-7
      AYES -- Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Deal,
      Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
      Kendell, Kunz, Lake, Linford, Loertscher, Mader, Meyer, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, WoodZimmermann, Mr
      Speaker
      NAYS -- Cuddy
      Absent and excused -- Alltus, Ellsworth, Henbest, Kempton, Marley,
      McKague, Montgomery,
    Floor Sponsor - Smylie
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Com/HuRes
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Williams
      NAYS--Cameron, Hawkins, Parry, Whitworth
      Absent and excused--McLaughlin
    Floor Sponsor - Davis
    Title apvd - to House
03/24    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 123
         Effective: 01/01/01

Bill Text


 H0618
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 618
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PARTNERSHIPS AND THE FILING OF STATEMENTS OF DISSOCIATION AND DIS-
  3        SOLUTION; AMENDING SECTION 53-3-704, IDAHO CODE, AS ADDED  BY  SECTION  2,
  4        CHAPTER  65,  LAWS  OF 1998, TO DELETE THE REQUIREMENT THAT A STATEMENT OF
  5        PARTNERSHIP AUTHORITY BE FILED PRIOR TO THE FILING OF A STATEMENT OF  DIS-
  6        SOCIATION;  AMENDING  SECTION 53-3-805, IDAHO CODE, AS ADDED BY SECTION 2,
  7        CHAPTER 65, LAWS OF 1998, TO DELETE THE REQUIREMENT THAT  A  STATEMENT  OF
  8        PARTNERSHIP  AUTHORITY BE FILED PRIOR TO THE FILING OF A STATEMENT OF DIS-
  9        SOLUTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 53-3-704, Idaho Code,  as  added  by  Section  2,
 12    Chapter  65,  Laws of 1998, be, and the same is hereby amended to read as fol-
 13    lows:
                                                                        
 14        53-3-704.  STATEMENT OF DISSOCIATION. (a) A partnership which has filed  a
 15    statement   of  partnership  authority,  or  a  dissociated  partner  thereof,
 16    dissociated partner or the partnership may file a  statement  of  dissociation
 17    stating  the  name of the partnership and that the partner is dissociated from
 18    the partnership.
 19        (b)  A statement of dissociation is a limitation on  the  authority  of  a
 20    dissociated  partner  for  the  purposes of section 53-3-303(d) and (e), Idaho
 21    Code.
 22        (c)  For the purposes of sections 53-3-702(a)(3) and 53-3-703(b)(3), Idaho
 23    Code, a person not a partner is deemed to  have  notice  of  the  dissociation
 24    ninety (90) days after the statement of dissociation is filed.
                                                                        
 25        SECTION  2.  That  Section  53-3-805,  Idaho  Code, as added by Section 2,
 26    Chapter 65, Laws of 1998, be, and the same is hereby amended to read  as  fol-
 27    lows:
                                                                        
 28        53-3-805.  STATEMENT OF DISSOLUTION. (a) After dissolution, a partner of a
 29    partnership  which  has filed a statement of partnership authority who has not
 30    wrongfully dissociated may file a statement of dissolution stating the name of
 31    the partnership and that the partnership has dissolved and is winding  up  its
 32    business.
 33        (b)  A  statement  of dissolution cancels a filed statement of partnership
 34    authority for the purposes of section 53-3-303(d), Idaho Code, and is a  limi-
 35    tation on authority for the purposes of section 53-3-303(e), Idaho Code.
 36        (c)  For  the  purposes  of  sections 53-3-301 and 53-3-804, Idaho Code, a
 37    person not a partner is deemed to have notice of the dissolution and the limi-
 38    tation on the partners' authority as a result of the statement of  dissolution
 39    ninety (90) days after it is filed.
 40        (d)  After  filing a statement of dissolution, a dissolved partnership may
 41    file  a statement of  partnership  authority  that  which  will  operate  with
                                                                        
                                       2
                                                                        
  1    respect  to a person not a partner as provided in section 53-3-303(d) and (e),
  2    Idaho Code, in any transaction, whether or not the transaction is  appropriate
  3    for winding up the partnership business.
                                                                        
  4        SECTION  3.  This act shall be in full force and effect on and after Janu-
  5    ary 1, 2001.

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS 10034 
                           
     The purpose of this bill is to amend the Revised Uniform Partnership Act, enacted
     in 1998, but not made effective until 1 January 2001.  The amendments restore the
     original language in this Uniform Act  which would allow partners to file articles
     of dissociation and dissolution even if a partnership had not previously filed  a
     statement of partnership authority with the Secretary of State. By not allowing
     partners to file articles of dissolution or dissociation, for a pre-existing
     partnership, unless an organizational document is first filed, the law would allow
     partners to prevent another partner from leaving the firm or asking a court to
     break up the partnership. 
     
     
                           
                    FISCAL IMPACT
     
     None. 
     
     
     
     Contact: Chuck Goodenough 
             Deputy Secretary of State, Commercial Division
             (208) 334-2301 
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                             H 618