Text: HSB00536 Text: HSB00538 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 BUSINESS FILING FEES 1 3 Section 1. Section 490.1622, subsection 3, Code 2001, is 1 4 amended to read as follows: 1 5 3. a. The first biennial report shall be delivered to the 1 6 secretary of state between January 1 and April 1 of the first 1 7 even-numbered year following the calendar year in which a 1 8 domestic corporation was incorporated or a foreign corporation 1 9 was authorized to transact business. Subsequent biennial 1 10 reports must be delivered to the secretary of state between 1 11 January 1 and April 1 of the following even-numbered calendar 1 12 years. 1 13 b. A filing fee for the biennial report shall be 1 14 determined by the secretary of state. Not more than five 1 15 dollars per biennial report collected by the secretary of 1 16 state under this section shall be treated as repayment 1 17 receipts, as defined in section 8.2, and shall be used for the 1 18 operation of the secretary's office. For each state fiscal 1 19 year, there is appropriated from the general fund of the state 1 20 to the secretary of state, from moneys not otherwise 1 21 appropriated, an amount necessary to pay processing fees which 1 22 are owed to credit card issuers for filing biennial reports by 1 23 credit card pursuant to section 12.21. 1 24 c. For purposes of this section, each biennial report 1 25 shall contain information related to the two-year period 1 26 immediately preceding the calendar year in which the report is 1 27 filed. 1 28 Sec. 2. 2001 Iowa Acts, chapter 187, section 26, is 1 29 repealed. 1 30 DIVISION II 1 31 FILING REQUIREMENTS AND FEES 1 32 UNIFORM COMMERCIAL CODE 1 33 Sec. 3. Section 554.9519, subsection 8, Code Supplement 1 34 2001, is amended to read as follows: 1 35 8. TIMELINESS OF FILING OFFICE PERFORMANCE. The filing 2 1 office shall perform the acts required by subsections 1 2 2 through 5 at the time and in the manner prescribed by filing- 2 3 office rule, but not later thantwoten business days after 2 4 the filing office receives the record in question. 2 5 Sec. 4. Section 554.9520, subsection 2, Code Supplement 2 6 2001, is amended to read as follows: 2 7 2. COMMUNICATION CONCERNING REFUSAL. If a filing office 2 8 refuses to accept a record for filing, it shall communicate to 2 9 the person that presented the record the fact of and reason 2 10 for the refusal and the date and time the record would have 2 11 been filed had the filing office accepted it. The 2 12 communication must be made at the time and in the manner 2 13 prescribed by filing-office rule but in no event more thantwo2 14 ten business days after the filing office receives the record. 2 15 Sec. 5. Section 554.9523, subsection 3, paragraph a, 2 16 unnumbered paragraph 1, Code Supplement 2001, is amended to 2 17 read as follows: 2 18 whether there is on file on a date and time specified by 2 19 the filing office, but not a date earlier thanthreeeleven 2 20 business days before the filing office receives the request, 2 21 any financing statement that: 2 22 Sec. 6. Section 554.9523, subsection 5, Code Supplement 2 23 2001, is amended to read as follows: 2 24 5. TIMELINESS OF FILING OFFICE PERFORMANCE. The filing 2 25 office shall perform the acts required by subsections 1 2 26 through 4 at the time and in the manner prescribed by filing- 2 27 office rule, but not later thantwoten business days after 2 28 the filing office receives the request. 2 29 Sec. 7. Section 554.9525, Code Supplement 2001, is amended 2 30 by adding the following new subsection: 2 31 NEW SUBSECTION. 5. FEES. Fees collected by the secretary 2 32 of state under this section shall be treated as repayment 2 33 receipts, as defined in section 8.2, and shall be used for the 2 34 operation of the secretary's office. 2 35 Sec. 8. OFFICE OF THE SECRETARY OF STATE – DEPOSIT OF 3 1 FEES INTO THE GENERAL FUND. 3 2 1. Notwithstanding section 554.9525, and except as 3 3 otherwise provided in subsection 2, for each fiscal year of 3 4 the period beginning July 1, 2001, and ending June 30, 2003, 3 5 the secretary of state shall deposit fees collected by the 3 6 office of the secretary of state pursuant to section 554.9525 3 7 in the general fund of the state. 3 8 2. Subsection 1 shall not apply to any of the following: 3 9 a. Fees collected by the office of the secretary of state 3 10 from the filing of termination statements. 3 11 b. The first $471,811 collected each fiscal year in fees 3 12 other than fees collected from the filing of termination 3 13 statements by the office. 3 14 DIVISION III 3 15 EFFECTIVE AND APPLICABILITY DATES 3 16 Sec. 9. EFFECTIVE DATE. This Act, being deemed of 3 17 immediate importance, takes effect upon enactment. 3 18 Sec. 10. RETROACTIVE APPLICABILITY. This Act is 3 19 retroactively applicable on and after July 1, 2001. 3 20 EXPLANATION 3 21 This bill amends a number of provisions relating to 3 22 governmental requirements, including fees. 3 23 DIVISION I – BUSINESS FILING FEES. This division amends 3 24 several provisions referring to business filings. Code 3 25 section 12.21 authorizes departments to accept credit card 3 26 payments and adjust fees in accordance with rules adopted by 3 27 the treasurer of state. This bill amends Code section 3 28 490.1622, which establishes fees required for filing biennial 3 29 reports by domestic and foreign corporations. The bill 3 30 provides a standing appropriation to the secretary of state 3 31 from the state's general fund for purposes of paying the 3 32 processing fees for payments made by credit card. Currently 3 33 biennial report filing fee rates are established by the 3 34 secretary of state's office and deposited into the general 3 35 fund of the state. The bill provides that not more than $5 4 1 collected by the office shall be treated as repayment receipts 4 2 and used for the operations of the office. The division also 4 3 repeals a provision enacted in Senate File 531 in 2001 (2001 4 4 Iowa Acts, ch. 187) that authorizes the secretary of state's 4 5 office to refund fees paid by businesses filing documents with 4 6 the office. 4 7 DIVISION II – UNIFORM COMMERCIAL CODE. This division 4 8 amends a number of provisions revising article 9 of the 4 9 uniform commercial code (UCC) enacted in House File 2513 in 4 10 the 2000 session (2000 Iowa Acts, ch. 1149) and effective July 4 11 1, 2001. A number of provisions require a filing office, 4 12 including the secretary of state's office and county 4 13 recorders, to file records and communicate a refusal to the 4 14 filer within two business days after the office receives the 4 15 record. This bill extends that period to 10 business days. 4 16 It also extends the period for communicating a request for 4 17 information from 10 to 11 days. 4 18 The division also provides for fees for filing documents 4 19 under the revised article 9 collected by the secretary of 4 20 state. The division provides that the fees are to be treated 4 21 as repayment receipts for use in the operation of the office. 4 22 The division also provides that for each fiscal year for the 4 23 period beginning July 1, 2001, and ending June 30, 2003, the 4 24 office must deposit fees collected by the office into the 4 25 general fund of the state. There are two exceptions: The 4 26 office is not required to deposit fees for the filing of 4 27 termination statements and the office is authorized to retain 4 28 fees equal to $471,811. 4 29 DIVISION III – EFFECTIVE AND APPLICABILITY DATES. This 4 30 division provides that the bill takes effect upon enactment 4 31 and is retroactively applicable to July 1, 2001. 4 32 LSB 5280DP 79 4 33 da/sh/8
Text: HSB00536 Text: HSB00538 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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