2002 Legislation
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HOUSE BILL NO. 588 – Secretary of State, fees

HOUSE BILL NO. 588

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0588...........................................................by BUSINESS
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
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              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
 42        statute.
 43        (2)  The secretary of state may enter into agreements with private  compa-
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact


                     STATEMENT OF PURPOSE
                           RS 11903

	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.


                          FISCAL IMPACT

None


Contact
Name:	Chuck Goodenough, Deputy Secretary of State, Commercial 
        Division
Phone:	334 2301




STATEMENT OF PURPOSE/FISCAL NOTE		H 588