House Study Bill 29 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED ATTORNEY
                                            GENERAL BILL)


    Passed Senate, Date               Passed House,  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.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1320DP 83
  5 da/sc/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  633A.5107  FILING REQUIREMENTS.
  1  2    1.  This section applies to a charitable trust in which one
  1  3 or more charitable purposes or beneficiaries has a
  1  4 noncontingent vested interest.
  1  5    2.  a.  Within sixty days from the creation of a charitable
  1  6 trust, the trustee shall register the trust with the attorney
  1  7 general.  The trustee shall register the charitable trust on a
  1  8 form provided by the attorney general.  The trustee shall also
  1  9 submit a copy of the trust instrument to the attorney general
  1 10 as required by the attorney general.
  1 11    b.  The trustee of a charitable trust shall annually file a
  1 12 copy of the trust's annual report with the attorney general.
  1 13 The annual report may be the same report submitted to the
  1 14 persons specified in section 633A.4213 or an annual report
  1 15 completed on a form provided by the attorney general.
  1 16    c.  The attorney general may require that documents be
  1 17 filed electronically, including forms, trust instruments, and
  1 18 reports.  In addition, the attorney general may require the
  1 19 use of electronic signatures as defined in section 554D.103.
  1 20    3.  At any time, the attorney general may investigate a
  1 21 charitable trust to determine whether or not the charitable
  1 22 trust is being administered in accordance with law and the
  1 23 terms and purposes of the trust.  The attorney general may, at
  1 24 any time, make application to the court for such orders that
  1 25 are reasonable to carry out the terms and purposes of the
  1 26 trust.
  1 27    Sec. 2.  PRIOR EXISTING CHARITABLE TRUSTS.  Not later than
  1 28 sixty days after the effective date of this Act, the trustee
  1 29 of a charitable trust created prior to the effective date of
  1 30 this Act and still in existence shall register the trust with
  1 31 and submit a current copy of the trust instrument to the
  1 32 attorney general.  The trustee shall comply with the remainder
  1 33 of this Act as if the charitable trust were created on or
  1 34 after the effective date of this Act.
  1 35    Sec. 3.  Section 633.303, Code 2009, is repealed.
  2  1                           EXPLANATION
  2  2    This bill amends Code chapter 633A, the "Iowa Trust Code",
  2  3 and specifically subchapter V which governs charitable trusts,
  2  4 created for beneficial purposes (the relief of poverty, the
  2  5 advancement of education or religion, or the promotion of
  2  6 health).
  2  7    A trust may be created by a settlor who transfers property
  2  8 to the trust which is administered by a trustee on behalf of a
  2  9 beneficiary.  A settlor may create a trust using a number of
  2 10 methods including by executing a trust instrument during the
  2 11 settlor's lifetime or a will that takes effect upon the
  2 12 settlor's death (see Code section 633A.2101).
  2 13    The bill provides that within a time certain after the
  2 14 creation of a charitable trust, the trustee must register the
  2 15 trust with and submit a copy of the trust instrument to the
  2 16 attorney general.  In addition, the trustee must annually file
  2 17 an annual report with the attorney general.  The attorney
  2 18 general may require that the documents be filed
  2 19 electronically.  The bill also authorizes the attorney general
  2 20 to investigate a charitable trust to determine whether it is
  2 21 administered in accordance with the law and the terms and
  2 22 purposes of the trust and to bring legal action if necessary.
  2 23    The bill provides that within 60 days after the effective
  2 24 date of the bill, the trustee of a charitable trust created
  2 25 prior to the effective date of the bill must comply with the
  2 26 registration requirements applicable to charitable trusts
  2 27 created on and after that date.
  2 28    The bill eliminates a provision in Code chapter 633, the
  2 29 "Iowa Trust Code", which provides that when a will creating a
  2 30 charitable trust has been admitted to probate, the clerk of
  2 31 court must mail a copy of the will to the attorney general,
  2 32 and authorizes the attorney general to conduct an
  2 33 investigation to determine whether the trust is being properly
  2 34 administered and to bring any necessary action in court to
  2 35 ensure compliance.
  3  1 LSB 1320DP 83
  3  2 da/sc/5