Text: SSB03172                          Text: SSB03174
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3173

Bill Text

PAG LIN
  1  1    Section 1.  Section 9H.9, subsection 2, Code 1999, is
  1  2 amended to read as follows:
  1  3    2.  The total number of hogs and the total number of cattle
  1  4 owned and fed more than thirty days by the processor during
  1  5 the preceding calendar year or fiscal year.
  1  6    Sec. 2.  NEW SECTION.  10B.4A  SUSPENSION OF OTHER FILING
  1  7 REQUIREMENTS.
  1  8    The secretary of state shall not prepare or distribute
  1  9 forms for reports or file reports otherwise required pursuant
  1 10 to section 9H.5A, 501.103, or 567.8.  A person required to
  1 11 file a report pursuant to this chapter is not required to file
  1 12 a report under those sections.
  1 13    Sec. 3.  Section 495.3, Code 1999, is amended to read as
  1 14 follows:
  1 15    495.3  ANNUAL BIENNIAL REPORT – FEE.
  1 16    All corporations subject to the provisions of this chapter
  1 17 are hereby required to pay the annual fee and to make the
  1 18 annual biennial report in the form and manner and at the time
  1 19 as specified in chapter 490.
  1 20    Sec. 4.  Section 496C.21, unnumbered paragraph 1, Code
  1 21 1999, is amended to read as follows:
  1 22    Each annual biennial report of a professional corporation
  1 23 or foreign professional corporation shall, in addition to the
  1 24 information required by the Iowa business corporation Act, set
  1 25 forth:
  1 26    Sec. 5.  Section 496C.21, unnumbered paragraph 3, Code
  1 27 1999, is amended by striking the unnumbered paragraph, and
  1 28 inserting in lieu thereof the following:
  1 29    A corporation subject to the provisions of this chapter
  1 30 shall pay the biennial filing fee and make the biennial report
  1 31 in a form and manner and at the time specified in chapter 490.
  1 32    Sec. 6.  Section 497.26, Code 1999, is amended to read as
  1 33 follows:
  1 34    497.26  CANCELLATION.
  1 35    If the annual biennial report required is not filed and
  2  1 penalties paid on or before the last day of June the secretary
  2  2 of state shall, on the first day of July following, cancel the
  2  3 name of any delinquent corporation from the list of live
  2  4 corporations in the secretary of state's office, and enter
  2  5 such cancellation on the proper records.
  2  6    Sec. 7.  Section 498.28, Code 1999, is amended to read as
  2  7 follows:
  2  8    498.28  CANCELLATION.
  2  9    If the annual biennial report required is not filed and
  2 10 penalties paid on or before the last day of June the secretary
  2 11 of state shall, on the first day of July following, cancel the
  2 12 name of any delinquent corporation from the list of live
  2 13 corporations in the secretary of state's office, and enter
  2 14 such cancellation on the proper records.
  2 15    Sec. 8.  Section 499.43A, subsection 2, unnumbered
  2 16 paragraph 1, Code 1999, is amended to read as follows:
  2 17    The instrument shall be filed with the secretary of state.
  2 18 The cooperative association shall amend its articles of
  2 19 incorporation pursuant to section 499.41 to comply with the
  2 20 provisions of this chapter.  The secretary of state shall not
  2 21 file the instrument unless the cooperative association is in
  2 22 compliance with the provisions of chapter 498 at the time of
  2 23 filing.  A cooperative association shall file an annual a
  2 24 biennial report which is due pursuant to section 499.49.  Upon
  2 25 filing the instrument with the secretary, all of the following
  2 26 shall apply:
  2 27    Sec. 9.  Section 499.53, Code 1999, is amended to read as
  2 28 follows:
  2 29    499.53  QUO WARRANTO.
  2 30    The right of an association to exist or continue under this
  2 31 chapter may be inquired into by the attorney general, but not
  2 32 otherwise.  If from its annual biennial report or otherwise,
  2 33 the secretary of state is informed that it is not functioning
  2 34 as a cooperative, the secretary shall so notify the attorney
  2 35 general, who, if the attorney general finds reasonable cause
  3  1 so to believe, shall bring action to oust it and wind up its
  3  2 affairs.
  3  3    Sec. 10.  Section 499.73, subsection 4, Code 1999, is
  3  4 amended to read as follows:
  3  5    4.  An association may also appoint or change its
  3  6 registered office or registered agent in its annual biennial
  3  7 report.
  3  8    Sec. 11.  Section 499.76, subsection 1, Code 1999, is
  3  9 amended to read as follows:
  3 10    1.  The association has not delivered an annual a biennial
  3 11 report to the secretary of state in a form that meets the
  3 12 requirements of section 499.49, within sixty days after it is
  3 13 due.
  3 14    Sec. 12.  Section 501.106, subsection 4, Code 1999, is
  3 15 amended to read as follows:
  3 16    4.  A cooperative may also change its registered office or
  3 17 registered agent in its annual biennial report.
  3 18    Sec. 13.  Section 501.701, subsection 5, paragraph g, Code
  3 19 Supplement 1999, is amended to read as follows:
  3 20    g.  Its most recent annual biennial report delivered to the
  3 21 secretary of state under section 501.713.
  3 22    Sec. 14.  Section 501.713, subsection 1, unnumbered
  3 23 paragraph 1, Code Supplement 1999, is amended to read as
  3 24 follows:
  3 25    Each cooperative authorized to transact business in this
  3 26 state shall deliver to the secretary of state for filing an
  3 27 annual a biennial report that sets forth all of the following:
  3 28    Sec. 15.  Section 501.713, subsections 2 through 5, Code
  3 29 Supplement 1999, are amended to read as follows:
  3 30    2.  Information in the annual biennial report must be
  3 31 current as of the first day of January of the year in which
  3 32 the report is due.  The report shall be executed on behalf of
  3 33 the cooperative and signed as provided in section 501.105 or
  3 34 by any other person authorized by the board of directors of
  3 35 the cooperative.
  4  1    3.  The first annual biennial report shall be delivered to
  4  2 the secretary of state between January 1 and April 1 of the
  4  3 first even-numbered year following the calendar year in which
  4  4 a cooperative was organized.  Subsequent annual biennial
  4  5 reports must be delivered to the secretary of state between
  4  6 January 1 and April 1 of the following even-numbered calendar
  4  7 years.  A filing fee for the annual biennial report shall be
  4  8 determined by the secretary of state.
  4  9    4.  If an annual a biennial report does not contain the
  4 10 information required by this section, the secretary of state
  4 11 shall promptly notify the reporting cooperative in writing and
  4 12 return the report to the cooperative for correction.
  4 13    5.  The secretary of state may provide for the change of
  4 14 registered office or registered agent on the form prescribed
  4 15 by the secretary of state for the annual biennial report,
  4 16 provided that the form contains the information required in
  4 17 section 501.106.  If the secretary of state determines that an
  4 18 annual a biennial report does not contain the information
  4 19 required by this section but otherwise meets the requirements
  4 20 of section 501.106 for the purpose of changing the registered
  4 21 office or registered agent, the secretary of state shall file
  4 22 the statement of change of registered office or registered
  4 23 agent, effective as provided in section 501.105, before
  4 24 returning the annual biennial report to the cooperative as
  4 25 provided in this section.  A statement of change of registered
  4 26 office or agent pursuant to this subsection shall be executed
  4 27 by a person authorized to execute the annual biennial report.
  4 28    Sec. 16.  Section 501.811, subsection 1, Code 1999, is
  4 29 amended to read as follows:
  4 30    1.  The cooperative has not delivered an annual a biennial
  4 31 report to the secretary of state in a form that meets the
  4 32 requirements of section 501.713, within sixty days after it is
  4 33 due, or has not paid the filing fee as determined by the
  4 34 secretary of state, within sixty days after it is due.  
  4 35                           EXPLANATION
  5  1    This bill amends a number of provisions which provide for
  5  2 filing reports with the secretary of state.
  5  3    The bill amends Code section 9H.9, which provides for the
  5  4 filing of reports by meat processors regarding the number of
  5  5 head of livestock fed and slaughtered.  Generally, the reports
  5  6 must be filed for the processor's calendar or fiscal year.
  5  7 Subsection 2 of Code section 9H.9 currently requires that the
  5  8 processor file information about the total number of hogs and
  5  9 cattle owned and fed more than 30 days by the processor during
  5 10 the preceding calendar year.  This bill provides that the
  5 11 information may be based on a calendar or fiscal year,
  5 12 consistent with the other provisions.
  5 13    Prior to 1998, a number of different Code chapters required
  5 14 persons to file reports with the secretary of state.  Several
  5 15 of these chapters required reports to be filed by corporate
  5 16 entities holding agricultural land in this state.  Code
  5 17 section 9H.5A required reports to be filed by corporations,
  5 18 including authorized corporations; limited partnerships;
  5 19 trusts; and limited liability companies.  Code section 501.103
  5 20 required reports to be filed by cooperative corporations (now
  5 21 referred to as "cooperatives").  Code section 567.8 required
  5 22 reports to be filed by nonresident aliens, foreign businesses,
  5 23 and foreign governments.  In 1998, the general assembly
  5 24 enacted House File 2335, which combined these reporting
  5 25 requirements into several provisions in Code chapter 10B.  The
  5 26 Act also provided that reporting requirements under those
  5 27 other chapters were suspended until July 1, 2000.  This bill
  5 28 provides that the reporting requirements found in the other
  5 29 chapters are permanently suspended.
  5 30    In 1997, the general assembly enacted House File 637 (1997
  5 31 Iowa Acts, ch. 171), which provided that a number of corporate
  5 32 entities organized under various provisions of the Code were
  5 33 required to file reports with the secretary of state on a
  5 34 biennial rather than annual basis.  However, the Act did not
  5 35 change the filing requirement for all corporate entities, and
  6  1 it did not amend provisions in all chapters where biennial
  6  2 filing was required.
  6  3    This bill changes the reporting requirement for foreign
  6  4 public utility corporations organized under Code chapter 495
  6  5 and professional corporations and foreign professional
  6  6 corporations organized under Code chapter 496C.  The bill
  6  7 requires biennial reporting for those entities.
  6  8    This bill amends various sections in chapters where
  6  9 biennial reporting is required in order to provide consistency
  6 10 with other provisions in the chapters.  Thus, the bill amends
  6 11 provisions governing cooperative associations organized under
  6 12 Code chapters 497, 498, and 499, to require biennial rather
  6 13 than annual reporting in all relevant sections.
  6 14    In 1996, the general assembly enacted Senate File 2135
  6 15 (1996 Iowa Acts, ch. 1010), which created cooperative
  6 16 corporations eligible to hold agricultural land.  The Act
  6 17 provided for the filing of annual reports with the secretary
  6 18 of state.  In 1998, the general assembly amended the chapter
  6 19 in Senate File 2404 (1998 Iowa Acts, ch. 1152).  That Act
  6 20 changed the name of these entities to simply cooperatives and
  6 21 made a number of other changes based on provisions in Code
  6 22 chapter 490 governing corporations.  The Act provided for the
  6 23 filing of an annual report, but also referred to a biennial
  6 24 report requirement.  In 1999, the general assembly enacted
  6 25 Senate File 102 (1999 Iowa Acts, ch. 96), the nonsubstantive
  6 26 Code editor's bill.  The Act corrected the reference to an
  6 27 annual report.
  6 28    This bill provides that reports filed by cooperatives under
  6 29 Code chapter 501 must also be filed on a biennial basis.  
  6 30 LSB 5278DP 78
  6 31 da/gg/8.3
     

Text: SSB03172                          Text: SSB03174
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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