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PAG LIN
1 1 Section 1. TRANSFER OF DUTIES FROM SECRETARY OF STATE TO
1 2 TREASURER OF STATE &endash; DIRECTIVES TO CODE EDITOR.
1 3 1. Sections 9.7, 9B.1, 15.108, 15D.3, 15E.83, 15E.91,
1 4 15E.142, 15E.170, 16.26, 16A.9, 20.29, 28E.8, 29C.3, 29C.6,
1 5 85.3, 86.36, 96.14, 173.14, 173.14B, 175.17, 203.12A,
1 6 203C.12A, 206.6, 221.6, 321.50, 321E.21, 321E.22, 327E.1,
1 7 330A.7, 330A.20, 331.609, 346.27, 357A.20, 419.1, 422.16,
1 8 422.40, 423.22, 428A.1, 455B.397, 455B.430, 473.8, 486.44,
1 9 486.46, 492.9, 496B.12, 496C.20, 496C.21, 499A.1, 499A.9,
1 10 507A.6, 508B.15, 512A.3, 512B.11, 515G.15, 518.3, 518.6,
1 11 519.3, 519A.4, 523C.3, 523C.9, 537.1203, 538A.4, 538A.5,
1 12 542B.10, 543C.2, 543D.10, 544A.4, 544A.13, 544B.6, 551.7,
1 13 551.8, 558.10, 562B.6, 570A.4, 570A.5, 570A.8, 570A.10, 571.3,
1 14 571.4, 571.6, 602.8102, 617.3, and 631.4, Code 1995, are
1 15 amended by striking from the sections the words "secretary of
1 16 state" and inserting in lieu thereof the words "treasurer of
1 17 state", and by striking from the sections the words
1 18 "secretary" and "secretary's" when the words are used to refer
1 19 to the secretary of state and inserting in lieu thereof the
1 20 words "treasurer" and "treasurer's", as appropriate.
1 21 2. The Code editor is directed to substitute the words
1 22 "treasurer of state" for the words "secretary of state" and
1 23 the words "treasurer" or "treasurer's" for the words
1 24 "secretary" or "secretary's", as appropriate, in chapters 9A,
1 25 9C, 9D, 9E, 9G, 9H, 461B, 487, 490, 490A, 491, 497, 498, 499,
1 26 504A, 515, 524, 534, 548, 554, 567, and 591, Code 1995, when
1 27 the words are used to refer to the secretary of state.
1 28 3. The Code editor is directed to substitute the words
1 29 "treasurer of state" for the words "secretary of state" and
1 30 the words "treasurer" or "treasurer's" for the words
1 31 "secretary" or "secretary's", as appropriate, in provisions of
1 32 the Code not otherwise specified in subsections 1 and 2, when
1 33 the words are used to refer to the secretary of state and
1 34 there appears to be no doubt that the references are to duties
1 35 which are transferred to the treasurer of state pursuant to
2 1 subsections 1 and 2.
2 2 Sec. 2. TRANSFER OF DUTIES FROM SECRETARY OF STATE TO
2 3 AUDITOR OF STATE &endash; DIRECTIVES TO CODE EDITOR.
2 4 1. Sections 34A.6, 42.4, 43.18, 43.67, 44.3, 45.3, 47.1,
2 5 48A.19, 48A.22, 49A.8, 50.41, 50.43, 56.4, 56.5, 59.1, 59.4,
2 6 59.7, 60.2, 60.3, 60.4, 60.6, 61.2, 61.11, 68B.35A, 69.4,
2 7 161A.10, 257B.6, 257B.7, 257B.35, 261A.44, 272A.3, 312.3,
2 8 331.237, 331.510, 368.2, 368.7, 368.8, 368.20, 372.1, 372.2,
2 9 372.9, 373.6, and 405A.3, Code 1995, are amended by striking
2 10 from the sections the words "secretary of state" and inserting
2 11 in lieu thereof the words "auditor of state", and by striking
2 12 from the sections the words "secretary" and "secretary's" when
2 13 the words are used to refer to the secretary of state and
2 14 inserting in lieu thereof the words "auditor" and "auditor's",
2 15 as appropriate.
2 16 2. The Code editor is directed to substitute the words
2 17 "auditor of state" for the words "secretary of state" and the
2 18 words "auditor" or "auditor's" for the words "secretary" or
2 19 "secretary's", as appropriate, in chapters 9F and 261B, Code
2 20 1995, when the words are used to refer to the secretary of
2 21 state.
2 22 3. The Code editor is directed to substitute the words
2 23 "auditor of state" for the words "secretary of state" and the
2 24 words "auditor" or "auditor's" for the words "secretary" or
2 25 "secretary's", as appropriate, in provisions of the Code not
2 26 otherwise specified in subsections 1 and 2, when the words are
2 27 used to refer to the secretary of state and there appears to
2 28 be no doubt that the references are to duties which are
2 29 transferred to the auditor of state pursuant to subsections 1
2 30 and 2.
2 31 Sec. 3. EFFECTIVE DATES &endash; IMPLEMENTATION &endash; TRANSFER OF
2 32 RECORDS.
2 33 1. Sections 1 and 2 of this Act take effect January 1,
2 34 1997.
2 35 2. In order to implement sections 1 and 2 of this Act,
3 1 upon enactment of this Act, the secretary of state, in
3 2 consultation with the treasurer of state and the auditor of
3 3 state, shall coordinate the transfer to the treasurer or the
3 4 auditor, as appropriate, of any books, accounts, records,
3 5 forms, filings, or similar documents maintained by the
3 6 secretary of state in the performance of the secretary's
3 7 duties prior to the transfer of those duties in accordance
3 8 with this Act.
3 9 3. This section of this Act, being deemed of immediate
3 10 importance, takes effect upon enactment.
3 11 EXPLANATION
3 12 This bill reassigns most statutory duties currently
3 13 assigned to the secretary of state that do not have a basis in
3 14 the Iowa Constitution and transfers them to either the
3 15 treasurer of state or auditor of state.
3 16 In general, the treasurer of state is assigned those duties
3 17 relating to corporate filing requirements, including filing
3 18 requirements for corporate or partnership farming operations,
3 19 and various registration requirements, such as the
3 20 registration of athletic agents, waste tire haulers, transient
3 21 merchants, travel agents, and trademarks. Collective
3 22 bargaining agreements currently required to be filed with the
3 23 secretary of state are required by the bill to be filed with
3 24 the treasurer of state. The bill also transfers those duties
3 25 of the secretary of state relating to the state fair board to
3 26 the treasurer of state. Filing requirements relating to grain
3 27 dealers, agricultural warehousers, pesticide dealers, and
3 28 agricultural supply dealers are transferred to the treasurer
3 29 of state. Acceptance of service of process for entities
3 30 located outside the state is currently with the office of
3 31 secretary of state. With a few exceptions, acceptance of
3 32 service of process for out-of-state entities is transferred to
3 33 the office of the treasurer of state.
3 34 Statutory duties transferred from the secretary of state to
3 35 the auditor of state include all duties relating to elections,
4 1 local referenda, voter registration, and campaign finance.
4 2 Duties relating to the gathering, compilation, and publication
4 3 of census statistics are also transferred to the auditor of
4 4 state. Those duties of the secretary of state relating to the
4 5 sale of school lands, the registration of postsecondary
4 6 schools, and interstate educational personnel agreements are
4 7 transferred to the auditor of state. Those duties pertaining
4 8 to acceptance of filing of a city annexation, severance,
4 9 boundary adjustment, or name change are transferred to the
4 10 auditor of state. Finally, the bill provides that those
4 11 charter government documents required to be filed with the
4 12 secretary of state shall be filed with the auditor of state.
4 13 The bill provides for the secretary of state to coordinate
4 14 with the treasurer of state and the auditor of state
4 15 concerning the transfer of records pertaining to duties that
4 16 are transferred under the bill, and the provision takes effect
4 17 upon enactment. The remainder of the bill takes effect
4 18 January 1, 1997.
4 19 LSB 1612XC 76
4 20 sc/jw/5
Text: SSB00272 Text: SSB00274 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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