House File 729 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 29)

                                       (COMPANION TO SF 320 BY
                                        COMMITTEE ON JUDICIARY)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to charitable trusts by providing for filing
  2    documents with the attorney general and providing for the
  3    attorney general's investigative authority.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1320HV 83
  6 da/sc/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  633A.5107  FILING REQUIREMENTS.
  1  2    1.  The provisions of this section apply to the following
  1  3 charitable trusts administered in this state with assets in
  1  4 excess of twenty=five thousand dollars:
  1  5    a.  A nonprofit entity as defined in section 501(c)(3) of
  1  6 the Internal Revenue Code, as defined in section 422.3.
  1  7    b.  A charitable remainder trust as defined in section
  1  8 664(d) of the Internal Revenue Code, as defined in section
  1  9 422.3.
  1 10    c.  A charitable lead trust as defined in sections
  1 11 2055(e)(2)(b) and 2522(c)(2)(b) of the Internal Revenue Code,
  1 12 as defined in section 422.3.
  1 13    2.  a.  Within sixty days from the creation of a charitable
  1 14 trust, as described in subsection 1, the trustee shall
  1 15 register the charitable trust with the attorney general.  The
  1 16 trustee shall register the charitable trust on a form provided
  1 17 by the attorney general.  The trustee shall also submit a copy
  1 18 of the trust instrument to the attorney general as required by
  1 19 the attorney general.
  1 20    b.  The trustee of a charitable trust, as described in
  1 21 subsection 1, shall annually file a copy of the charitable
  1 22 trust's annual report with the attorney general.  The annual
  1 23 report may be the same report submitted to the persons
  1 24 specified in section 633A.4213, the charitable trust's most
  1 25 recent annual federal tax filings, or an annual report
  1 26 completed on a form provided by the attorney general.
  1 27    c.  The attorney general may require that documents be
  1 28 filed electronically, including forms, trust instruments, and
  1 29 reports.  In addition, the attorney general may require the
  1 30 use of electronic signatures as defined in section 554D.103.
  1 31    3.  Any document provided to the office of the attorney
  1 32 general in connection with a charitable remainder trust or a
  1 33 charitable lead trust, as described in subsection 1, shall not
  1 34 be considered a public record pursuant to chapter 22.  The
  1 35 attorney general shall keep the identities and interest of the
  2  1 noncharitable beneficiaries confidential except to the extent
  2  2 that disclosure is required by a court.
  2  3    4.  The attorney general is authorized to adopt
  2  4 administrative rules in accordance with the provisions of
  2  5 chapter 17A for the administration and enforcement of this
  2  6 chapter.
  2  7    5.  For a charitable trust described in subsection 1,
  2  8 created prior to the effective date of this Act and still in
  2  9 existence, the trustee shall register the trust with and
  2 10 submit a current copy of the trust instrument and financial
  2 11 report to the attorney general not later than one hundred
  2 12 thirty=five days after the close of the trust's next fiscal
  2 13 year following the effective date of this Act.  The trustee
  2 14 shall comply with the remainder of this Act as if the
  2 15 charitable trust were created on or after the effective date
  2 16 of this Act.
  2 17    Sec. 2.  NEW SECTION.  633A.5108 ROLE OF THE ATTORNEY
  2 18 GENERAL.
  2 19    The attorney general may investigate a charitable trust to
  2 20 determine whether the charitable trust is being administered
  2 21 in accordance with law and the terms and purposes of the
  2 22 trust.  The attorney general may apply to a district court for
  2 23 such orders that are reasonable and necessary to carry out the
  2 24 terms and purposes of the trust and to ensure the trust is
  2 25 being administered in accordance with applicable law.
  2 26 Limitation of action provisions contained in section 633A.4504
  2 27 apply.
  2 28    Sec. 3.  Section 633.303, Code 2009, is repealed.
  2 29                           EXPLANATION
  2 30    This bill amends Code chapter 633A, the "Iowa Trust Code",
  2 31 and specifically subchapter V which governs charitable trusts,
  2 32 created for beneficial purposes (the relief of poverty, the
  2 33 advancement of education or religion, or the promotion of
  2 34 health).
  2 35    A trust may be created by a settlor who transfers property
  3  1 to the trust which is administered by a trustee on behalf of a
  3  2 beneficiary.  A settlor may create a trust using a number of
  3  3 methods including by executing a trust instrument during the
  3  4 settlor's lifetime or a will that takes effect upon the
  3  5 settlor's death (see Code section 633A.2101).
  3  6    The bill provides that within a time certain after the
  3  7 creation of a charitable trust, the trustee must register the
  3  8 trust with and submit a copy of the trust instrument to the
  3  9 attorney general.  In addition, the trustee must annually file
  3 10 an annual report with the attorney general.  Documents filed
  3 11 with the general assembly are confidential.  The bill also
  3 12 authorizes the attorney general to investigate a charitable
  3 13 trust to determine whether it is administered in accordance
  3 14 with the law and the terms and purposes of the trust and to
  3 15 bring legal action if necessary.
  3 16    The bill provides that within 135 days after the effective
  3 17 date of the bill, the trustee of a charitable trust created
  3 18 prior to the effective date of the bill must comply with the
  3 19 registration requirements applicable to charitable trusts
  3 20 created on and after that date.
  3 21    The bill eliminates a provision in Code chapter 633, the
  3 22 "Iowa Trust Code", which provides that when a will creating a
  3 23 charitable trust has been admitted to probate, the clerk of
  3 24 court must mail a copy of the will to the attorney general,
  3 25 and authorizes the attorney general to conduct an
  3 26 investigation to determine whether the trust is being properly
  3 27 administered and to bring any necessary action in court to
  3 28 ensure compliance.
  3 29 LSB 1320HV 83
  3 30 da/sc/5