2006 Legislation
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SENATE BILL NO. 1352 – Irrigation dist, handling charges

SENATE BILL NO. 1352

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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