Print Friendly HOUSE BILL NO. 313 – Assumed business names, filing
HOUSE BILL NO. 313
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN 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 filing for a
15 period of five (5) years, unless a statement of continuation is filed with the
16 secretary of state prior to the lapse of the five (5) year period until can-
17 celed pursuant to section 53-508, Idaho Code.
18 (3) A statement of continuation may be filed with the secretary of state
19 during the six (6) month period which ends on the last day of the five (5)
20 year period of effectiveness of the certificate of assumed business name. The
21 statement of continuation shall be in a form prescribed by the secretary of
22 state. 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 of
24 effectiveness of the certificate of assumed business name for five (5) years
25 from the date on which effectiveness would have lapsed but for the filing of
26 the statement of continuation.
27 (5) Successive statements of continuation may be filed for each succes-
28 sive five (5) year period in the same manner as the first statement of contin-
30 (6) A statement of continuation shall be executed in the same manner as
31 required 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 ($2 05.00).
38 (2) For filing a statement of continuation of a certificate of assumed
39 business 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).
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
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.
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STATEMENT OF PURPOSE
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.
By increasing the initial fee for filing certificates of assumed
business names, potential losses to the general fund should be
eliminated or significantly reduced.
Name: Chuck Goodenough, Deputy Secretary of State, Commercial
STATEMENT OF PURPOSE/FISCAL NOTE H 313