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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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.
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