House Study Bill 524 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF WORKFORCE DEVELOPMENT BILL) A BILL FOR An Act providing notification to the department of workforce 1 development by the secretary of state when certain business 2 entities apply for reinstatement after dissolution to ensure 3 certain tax obligations have been fulfilled. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5429XD (5) 83 ak/nh
S.F. _____ H.F. _____ Section 1. Section 489.706, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The secretary of state shall refer the federal tax 3 identification number contained in the application for 4 reinstatement to the department departments of revenue and 5 workforce development . The department departments of revenue 6 and workforce development shall report to the secretary of 7 state the tax status of the limited liability company. If 8 the either department reports to the secretary of state that 9 a filing delinquency or liability exists against the limited 10 liability company, the secretary of state shall not cancel the 11 declaration of dissolution until the filing delinquency or 12 liability is satisfied. 13 Sec. 2. Section 490.1422, subsection 2, paragraph a, Code 14 2009, is amended to read as follows: 15 a. The secretary of state shall refer the federal tax 16 identification number contained in the application for 17 reinstatement to the department departments of revenue 18 and workforce development . The department departments of 19 revenue and workforce development shall report to the 20 secretary of state the tax status of the corporation. If 21 the either department reports to the secretary of state that a 22 filing delinquency or liability exists against the corporation, 23 the secretary of state shall not cancel the certificate of 24 dissolution until the filing delinquency or liability is 25 satisfied. 26 Sec. 3. Section 490A.1322, subsection 2, paragraph a, Code 27 2009, is amended to read as follows: 28 a. The secretary of state shall refer the federal tax 29 identification number contained in the application for 30 reinstatement to the department departments of revenue and 31 workforce development . The department departments of revenue 32 and workforce development shall report to the secretary of 33 state the tax status of the limited liability company. If 34 the either department reports to the secretary of state that 35 -1- LSB 5429XD (5) 83 ak/nh 1/ 3
S.F. _____ H.F. _____ a filing delinquency or liability exists against the limited 1 liability company, the secretary of state shall not cancel the 2 certificate of dissolution until the filing delinquency or 3 liability is satisfied. 4 Sec. 4. Section 501.813, subsection 2, paragraph a, Code 5 2009, is amended to read as follows: 6 a. The secretary of state shall refer the federal tax 7 identification number contained in the application for 8 reinstatement to the department departments of revenue 9 and workforce development . The department departments of 10 revenue and workforce development shall report to the 11 secretary of state the tax status of the cooperative. If 12 the either department reports to the secretary of state that a 13 filing delinquency or liability exists against the cooperative, 14 the secretary of state shall not cancel the certificate of 15 dissolution until the filing delinquency or liability is 16 satisfied. 17 Sec. 5. Section 504.1423, subsection 2, paragraph a, Code 18 2009, is amended to read as follows: 19 a. The secretary of state shall refer the federal tax 20 identification number contained in the application for 21 reinstatement to the department departments of revenue 22 and workforce development . The department departments of 23 revenue and workforce development shall report to the 24 secretary of state the tax status of the corporation. If 25 the either department reports to the secretary of state that a 26 filing delinquency or liability exists against the corporation, 27 the secretary of state shall not cancel the certificate of 28 dissolution until the filing delinquency or liability is 29 satisfied. 30 EXPLANATION 31 This bill directs the secretary of state to notify the 32 department of workforce development when a limited liability 33 company, corporation, cooperative, or nonprofit corporation 34 applies for reinstatement after a dissolution. The department 35 -2- LSB 5429XD (5) 83 ak/nh 2/ 3
S.F. _____ H.F. _____ must report the tax status to the secretary of state, including 1 any filing delinquencies or liabilities, which would include 2 unpaid unemployment insurance tax. Any filing delinquencies or 3 liabilities would prevent the secretary of state from canceling 4 the business entity’s certificate of dissolution until the 5 matter is resolved. 6 -3- LSB 5429XD (5) 83 ak/nh 3/ 3