Print Friendly HOUSE BILL NO. 588 – Secretary of State, fees
HOUSE BILL NO. 588
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SECRETARY OF STATE - FEES - Amends existing law relating to fees charged
and collected by the Secretary of State to authorize the Secretary of State
to enter into agreements for the collection of fees; to revise rulemaking
requirements; to provide for searches and copies for no charge in certain
instances; and to allow the Secretary of State to delete certain filings if
payment for the filing is not complete.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bruneel, Higgins, Mortensen, Sellman, Stone
Floor Sponsor - Smylie
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Davis
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 124
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 588
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO FEES CHARGED AND COLLECTED BY THE SECRETARY OF STATE; AMENDING
3 SECTION 67-910, IDAHO CODE, TO DELETE SURPLUS LANGUAGE, TO AUTHORIZE THE
4 SECRETARY OF STATE TO ENTER INTO AGREEMENTS FOR THE COLLECTION OF FEES, TO
5 REVISE RULEMAKING REQUIREMENTS, TO PROVIDE FOR SEARCHES OR COPIES FOR NO
6 CHARGE IN CERTAIN INSTANCES AND TO ALLOW THE SECRETARY OF STATE TO DELETE
7 CERTAIN FILINGS IF PAYMENT FOR THE FILING IS NOT COMPLETED AND TO MAKE A
8 TECHNICAL CORRECTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-910, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-910. FEES OF SECRETARY OF STATE. (1) The secretary of state, for ser-
13 vices performed in his office, shall charge and collect the following fees:
14 (a) For a copy of any law, resolution, record or other document or paper
15 on file in his office, twenty-five cents (25) per page.
16 (b) For affixing certificate and seal of the state, ten dollars ($10.00).
17 But no member of the legislature or state officer can be charged for any
18 search relative to matters appertaining to the duties of their offices;
19 nor must they be charged any fee for a certified copy of any law or reso-
20 lution passed by the legislature relative to their official duties.
21 In his discretion, the secretary of state may grant to persons, without
22 charge, access to files in his office for the purpose of making copies if
23 a benefit to his office will thereby be obtained.
24 (c) For filing and indexing any map or other paper where the fee for the
25 same is not already fixed by law, four dollars ($4.00).
26 (d) For searching legislative journals for records of enacted and reen-
27 acted laws, and certifying to the same, ten dollars ($10.00).
28 (e) For certifying and attaching certificate to any state law, published
29 in pamphlet form, which shall include comparing the same with the enrolled
30 act, ten dollars ($10.00).
31 (f) For any other certificate required of the secretary of state, the fee
32 for which is not hereinbefore prescribed, ten dollars ($10.00).
33 (g) For provision of electronic access to data bases databases and provi-
34 sion of other automated data services, such fees as the secretary of state
35 may require by duly promulgated administrative rule. provide. Every rule
36 promulgated within the authority conferred in this section shall be sub-
37 ject to review by the legislature at the regular session first following
38 its adoption. The rules may be rejected or amended by the legislature by
39 enactment of a statute. If the legislature rejects or amends a new rule by
40 statute and if the new rule repealed or amended an already existing rule,
41 the previous rule shall be reinstated or modified in accordance with the
43 (2) The secretary of state may enter into agreements with private compa-
1 nies to provide access to services for which a fee is collected in accordance
2 with subsection (1)(g) of this section. Such agreements may provide for the
3 private company to collect the prescribed fee and remit such fee to the state
4 treasurer on behalf of the secretary of state. The private company may also
5 charge and collect a reasonable additional fee for its services.
6 (3) For all services not hereinbefore provided for, the secretary of
7 state shall charge and collect such fees therefor as may now be prescribed
8 provided by law, or as may be prescribed by the state board of examiners.
9 (4) No member of the legislature or state officer may be charged for any
10 search relative to matters connected to the duties of their offices; nor may
11 they be charged any fee for a certified copy of any law or resolution passed
12 by the legislature relating to their official duties.
13 (5) In his discretion, the secretary of state may grant to persons, with-
14 out charge, access to files in his office for the purpose of making copies if
15 a benefit to his office will thereby be obtained.
16 (6) In the secretary of state's discretion, a business entity filing may
17 be deleted from the secretary of state's files if the payment for the filing
18 is not completed in a timely manner.
STATEMENT OF PURPOSE
The intent of this legislation is to clarify and modernize
the general statutory provision governing fees charged by the
Office of the Secretary of State. No fees are raised or lowered.
The major changes to Idaho Code Paragraph 67-910 are the
express authorization to enter into agreements with private
companies to provide electronic access to Office records and the
express authorization to delete corporation filings if payment is
not completed. The other amendments simply reorganize the section
and delete surplus language.
Name: Chuck Goodenough, Deputy Secretary of State, Commercial
Phone: 334 2301
STATEMENT OF PURPOSE/FISCAL NOTE H 588