2003 Legislation
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HOUSE BILL NO. 312 – Financing statements, filing

HOUSE BILL NO. 312

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Daily Data Tracking History



H0312.........................................................by STATE AFFAIRS
FINANCING STATEMENTS - Adds to existing law to permit the Secretary of State
to refuse to file certain invalid financing statements under the Uniform
Commercial Code; to make specified information unreadable; and to delete
invalid filings if now on file.
                                                                        
02/28    House intro - 1st rdg - to printing
03/03    Rpt prt - to St Aff
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace), Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Schaefer
    Floor Sponsor - Smylie
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to St Aff
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Calabretta, Davis, Williams
    Floor Sponsor - Stegner
    Title apvd - to House
03/25    To enrol
03/26    Rpt enrol - Sp signed
03/27    Pres signed
03/28    To Governor
04/02    Governor signed
         Session Law Chapter 206
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 312
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DUTIES OF THE SECRETARY OF STATE PURSUANT TO THE  UNIFORM  COMMER-
  3        CIAL  CODE; AMENDING PART 5, CHAPTER 9, TITLE 28, IDAHO CODE, BY THE ADDI-
  4        TION OF A NEW SECTION 28-9-516A, IDAHO CODE, TO PERMIT  THE  SECRETARY  OF
  5        STATE  TO  REFUSE  TO  FILE  CERTAIN INVALID FINANCING STATEMENTS, TO MAKE
  6        SPECIFIED INFORMATION UNREADABLE AND DELETE  INVALID  FILINGS  IF  NOW  ON
  7        FILE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Part 5, Chapter 9, Title 28, Idaho Code, be, and the same
 10    is  hereby  amended  by the addition thereto of a NEW SECTION, to be known and
 11    designated as Section 28-9-516A, Idaho Code, and to read as follows:
                                                                        
 12        28-9-516A.  FILING OFFICER DUTIES. (1)  The filing officer shall not  file
 13    an initial financing statement or financing statement amendment:
 14        (a)  Which contains an assumed business name for either an individual or a
 15        business entity other than a general partnership.
 16        (b)  When an individual debtor and an individual secured party would, as a
 17        result  of  the  filing, appear to be the same individual on the financing
 18        statement.
 19        (2)  The filing officer may require, prior  to  filing,  reasonable  proof
 20    from  the  secured  party that an individual debtor is in fact a "transmitting
 21    utility" as defined in section 28-9-102, Idaho Code,  if  a  filing  indicates
 22    that the debtor is a transmitting utility.
 23        (3)  The  filing  officer may, prior to filing, cause to be unreadable any
 24    signatures, social security account numbers, taxpayer identification  numbers,
 25    and  employer  identification  numbers  that appear on financing statements or
 26    financing statement amendments.
 27        (4)  The secretary of state may petition the district court in Ada  county
 28    for  an order to show cause why filings not in compliance with subsections (1)
 29    and (2) of this section should not be deleted from the files  and  records  of
 30    the secretary of state.

Statement of Purpose / Fiscal Impact


                 AMENDED STATEMENT OF PURPOSE
                               
                           RS 13033
                               
The intent of this legislation is to allow the Secretary of
State to refuse to file invalid Financing Statements. Since the
enactment of Revised Article Nine to the Uniform Commercial Code, the
Secretary of State s Office has received hundreds of financing
statements that assert the debtor and the secured party are the same
individual. This simply defies logic. It is impossible for anyone to
loan money to himself or herself. In the same way, one cannot secure
repayment of such a loan by taking a security interest in one s own
property. To add to the problem, the pattern among these filers
includes designating the debtor as a "transmitting utility." The
effect of this designation is that the notice of lien never lapses
and remains indefinitely in the Lien database.
It is not apparent what the motives are for these filings.
However, no lawful purpose is served by accepting these filings and
they do take up space in the database.











                          FISCAL NOTE
                               
None





                CONTACT:  Chuck Goodenough
                        Deputy Secretary of State, Commercial Division
                        334 2301
                
        STATEMENT OF PURPOSE/FISCAL NOTE          H 312