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S1352..........................................by RESOURCES AND ENVIRONMENT
IRRIGATION DISTRICTS - HANDLING CHARGES - Amends existing law to increase
the maximum handling charges irrigation districts are authorized to charge
relating to drafts or checks that are refused by banks or other entities on
which the drafts or checks are drawn.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Env
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stennett
Title apvd - to House
02/27 House intro - 1st rdg - to Res/Con
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Hart, McGeachin
Floor Sponsor - Jaquet
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 255
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1352
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-707A, IDAHO CODE, TO
3 INCREASE THE MAXIMUM HANDLING CHARGES IRRIGATION DISTRICTS ARE AUTHORIZED
4 TO CHARGE RELATING TO DRAFTS OR CHECKS THAT ARE REFUSED BY BANKS OR OTHER
5 ENTITIES ON WHICH THE DRAFTS OR CHECKS ARE DRAWN.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 43-707A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 43-707A. ACCEPTANCE OF BANK DRAFTS OR CHECKS. (1) Notwithstanding any
10 other provisions of title 43, Idaho Code, irrigation district treasurers may
11 accept personal or other nonguaranteed forms of bank drafts or checks if (1)
12 the remitter identifies by legal description the parcel for which the payment
13 is tendered, (2) the amount for which the draft or check is presented is the
14 exact amount of the assessment due, including, where a delinquency exists and
15 a tax deed has not been issued, penalties, interest and county redemption
16 fees. The following procedures shall be followed in processing payments by
17 bank drafts or checks:
18 (a) The assessment number of the identified parcel shall be entered on
19 the draft or check.
20 (b) The treasurer shall prepare the current tax receipt or redemption
21 certificate or both, and deliver them to the remitter. Such receipts shall
22 be invalid, and shall so state, if payment of the draft or check is
23 refused by the bank or other entity on which it is drawn. Any drafts or
24 checks upon which payment has been refused will be noted in the records of
25 the treasurer and notice of nonpayment shall be delivered to the county
26 recorder. The notation and notice of nonpayment shall be sufficient rever-
27 sal of any entries made upon the books of the district treasurer and upon
28 the lien records of the county recorder.
29 (c) Notice shall be sent to the remitter that payment has not been
30 received, that receipts and releases are therefore invalid and withdrawn
31 and that the draft or check can be redeemed by payment with United States
32 currency or a guaranteed bank draft or money order in the amount of the
33 original draft or check plus the additional interest accrued, plus a repe-
34 tition of the county filing fees and plus a handling charge not to exceed
35 ten twenty-five dollars ($1025.00).
36 (2) Full compliance with procedures enumerated in this section shall
37 exempt the treasurer from any personal liability for the acceptance of bank
38 drafts or checks.
STATEMENT OF PURPOSE
RS 15888
The maximum charge authorized by Idaho Code section 43-707A for
an irrigation district's handling of checks returned for
insufficient funds has been $10.00 since 1983. The increase in
this maximum charge to $25.00 is necessary to recover costs
incurred by irrigation districts in processing such transactions.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Norm Semanko, Idaho Water Users Association
Phone: (208) 344-6690
STATEMENT OF PURPOSE/FISCAL NOTE S 1352