Senate File 2194 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 3139)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the oversight of persons organized or doing
2 business in this state on a nonprofit basis, providing for
3 fees, and making an appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 13.41 CHARITIES OVERSIGHT FUND
1 2 == APPROPRIATION.
1 3 A charities oversight fund is created in the state
1 4 treasury.
1 5 1. The fund shall be administered by the treasurer of
1 6 state upon direction of the attorney general. The fund shall
1 7 include all of the following:
1 8 a. Moneys collected by the secretary of state for the
1 9 filing of biennial reports by domestic nonprofit corporations
1 10 as provided in section 504.1613.
1 11 b. Moneys appropriated to the fund and any other moneys
1 12 available to and obtained or accepted by the treasurer of
1 13 state for placement in the fund.
1 14 2. a. Notwithstanding section 12C.7, interest or earnings
1 15 on moneys in the fund shall be credited to the fund.
1 16 b. Notwithstanding section 8.33, moneys in the fund that
1 17 remain unencumbered or unobligated at the end of the fiscal
1 18 year shall not revert, but shall remain available for the same
1 19 purpose in the succeeding fiscal year.
1 20 3. Moneys in the fund are available only as provided by an
1 21 appropriation by the general assembly to the attorney general.
1 22 The appropriated moneys shall be used exclusively by the
1 23 attorney general for purposes of providing oversight,
1 24 including regulation, of persons organized or doing business
1 25 in this state on a nonprofit basis, including domestic
1 26 nonprofit corporations and domestic charitable trusts.
1 27 Nothing in this subsection expands the authority of the
1 28 attorney general to provide oversight of such persons.
1 29 Sec. 2. Section 504.113, subsection 1, paragraph w, Code
1 30 Supplement 2007, is amended to read as follows:
1 31 w. (1) Biennial report (not by electronic
1 32 transmission)........................................... $ __
1 33 30
1 34 (2) Biennial report (by electronic
1 35 transmission)........................................... $ 25
2 1 Sec. 3. Section 504.1613, subsection 4, paragraph b, Code
2 2 2007, is amended to read as follows:
2 3 b. A filing fee for the biennial report shall be assessed
2 4 and collected by the secretary of state.
2 5 (1) Except for the fees provided in subparagraph (2), the
2 6 amount of the fee shall be determined by the secretary of
2 7 state. The fees shall be deposited into the general fund of
2 8 the state.
2 9 (2) For a corporation other than a mutual benefit
2 10 corporation, the amount of the fee is thirty dollars. However
2 11 if, and to the extent permitted by the secretary of state
2 12 pursuant to section 504.111, such corporation files a biennial
2 13 report by electronic transmission, the amount of the fee is
2 14 twenty=five dollars. The fees shall be deposited into the
2 15 charities oversight fund as provided in section 13.41.
2 16 Sec. 4. APPROPRIATIONS. There is appropriated from the
2 17 charities oversight fund created in section 13.41, as enacted
2 18 in this Act, to the office of attorney general for the fiscal
2 19 year beginning July 1, 2008, and ending June 30, 2009, the
2 20 following amount, or so much thereof as is necessary, to be
2 21 used for the purposes designated:
2 22 For purposes of providing oversight, including regulation,
2 23 of persons organized or doing business in this state on a
2 24 nonprofit basis, as provided in section 13.41, as enacted in
2 25 this Act, and for not more than the following full=time
2 26 equivalent positions:
2 27 .................................................. $ 150,000
2 28 ............................................... FTEs 2.00
2 29 EXPLANATION
2 30 This bill creates a charities oversight fund and provides
2 31 for an appropriation from the fund to the attorney general to
2 32 support the oversight, including regulation, of persons
2 33 organized or doing business in this state on a nonprofit basis
2 34 (other than mutual benefit corporations). The fund is
2 35 supported by moneys collected by the secretary of state from
3 1 domestic nonprofit corporations other than mutual benefit
3 2 corporations who must file a report each odd=numbered year
3 3 with the secretary of state. The amount of the fee is $30
3 4 unless the secretary of state accepts documents in an
3 5 electronic format in which case the fee is $25.
3 6 The bill provides that moneys in the fund must be
3 7 appropriated by the general assembly. The bill makes an
3 8 appropriation from the fund to support the oversight.
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