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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 - 2006IN 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 35tentwenty-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