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H0313......................................................by STATE AFFAIRS ASSUMED BUSINESS NAMES - Amends and repeals existing law to provide that assumed business names remain in effect until canceled; to increase the fee for filing an assumed business name; and to delete fees for continuing an assumed business name. 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 - 69-0-1 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, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker. NAYS -- None Absent and excused -- Crow Floor Sponsor - Smylie Title apvd - to Senate 03/12 Senate intro - 1st rdg - to Com/HuRes 03/21 Rpt out - rec d/p - to 2nd rdg 03/24 2nd rdg - to 3rd rdg 03/25 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Noble Title apvd - to House 03/26 To enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/31 To Governor 04/04 Governor signed Session Law Chapter 223 Effective: 04/04/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 313 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ASSUMED BUSINESS NAMES; AMENDING SECTION 53-506, IDAHO CODE, TO 3 DELETE PROVISIONS CONTINUING ASSUMED BUSINESS NAMES AND TO PROVIDE THAT 4 ASSUMED BUSINESS NAMES REMAIN IN EFFECT UNTIL CANCELED; AMENDING SECTION 5 53-510, IDAHO CODE, TO INCREASE THE FEE FOR FILING AN ASSUMED BUSINESS 6 NAME AND DELETE FEES FOR CONTINUING AN ASSUMED BUSINESS NAME; REPEALING 7 SECTION 53-511, IDAHO CODE; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 53-506, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 53-506. EFFECT OF FILING -- DURATION -- CONTINUATION. (1) A person may 12 conduct business under an assumed business name if a certificate of assumed 13 business name has been filed with the secretary of state and is in effect. 14 (2) A certificate of assumed business name is in effect upon filingfor a15period of five (5) years, unless a statement of continuation is filed with the16secretary of state prior to the lapse of the five (5) year perioduntil can- 17 celed pursuant to section 53-508, Idaho Code. 18(3) A statement of continuation may be filed with the secretary of state19during the six (6) month period which ends on the last day of the five (5)20year period of effectiveness of the certificate of assumed business name. The21statement of continuation shall be in a form prescribed by the secretary of22state. The form may be in any medium permitted by the secretary of state.23(4) The filing of a statement of continuation continues the period of24effectiveness of the certificate of assumed business name for five (5) years25from the date on which effectiveness would have lapsed but for the filing of26the statement of continuation.27(5) Successive statements of continuation may be filed for each succes-28sive five (5) year period in the same manner as the first statement of contin-29uation.30(6) A statement of continuation shall be executed in the same manner as31required for a certificate of assumed business name.32 SECTION 2. That Section 53-510, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 53-510. FEES. The secretary of state shall charge and collect fees for 35 services under this chapter as follows: 36 (1) For filing a certificate of assumed business name, twenty-five dol- 37 lars ($205.00). 38 (2)For filing a statement of continuation of a certificate of assumed39business name, ten dollars ($10.00).40(3)For filing a certificate of amendment to a certificate of assumed 41 business name, ten dollars ($10.00). 2 1 (43) For filing a certificate of cancellation of a certificate of assumed 2 business name, no charge. 3 (54) For issuance of certified copies and certificates of fact concern- 4 ing filing of certificates of assumed business name and related documents, 5 fees as provided in section 67-910, Idaho Code. 6 SECTION 3. That Section 53-511, Idaho Code, be, and the same is hereby 7 repealed. 8 SECTION 4. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 13032 The intent of this legislation is to remove the requirement that certificates of assumed business names be continued every five years in order to remain in effect. The bill also raises the fee for initial filing of a certificate of assumed business name to $25.00 from $20.00 in order to recover any revenue which might be lost if the legislation becomes law and there is no further need for continuations of assumed business names. The bill also deletes the transition provisions in Idaho Code 53-511 which are no longer necessary. Very few assumed business names are continued, and any process for notifying those who have filed certificates of assumed business names that continuations should be filed would be extremely wasteful. Such names are not deleted from the Secretary of State's business entity database and would continue to serve the purposes of the statute even if the certificate of assumed business name lapses under the present law. This chapter went into effect on 1 January 1997. There were over 10,000 certificates of assumed business names filed during 1997 (and an average of over 9800 every year since). During 2002, almost all of the 1997 assumed business names lapsed due to the passage of five years; a total of seventy-three certificates of assumed business names were continued during 2002. The legislation also includes an emergency clause. FISCAL IMPACT By increasing the initial fee for filing certificates of assumed business names, potential losses to the general fund should be eliminated or significantly reduced. Contact Name: Chuck Goodenough, Deputy Secretary of State, Commercial Division Phone: 208/334-2301 STATEMENT OF PURPOSE/FISCAL NOTE H 313