House
File
227
-
Introduced
HOUSE
FILE
227
BY
BYRNES
A
BILL
FOR
An
Act
providing
for
entrepreneurial
education
accounts
for
1
student
organizations
and
clubs
and
including
effective
date
2
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2042YH
(3)
85
je/sc
H.F.
227
Section
1.
Section
11.6,
subsection
1,
paragraph
a,
1
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
2
(1)
Except
for
entities
organized
under
chapter
28E
having
3
gross
receipts
of
one
hundred
thousand
dollars
or
less
in
4
a
fiscal
year,
the
financial
condition
and
transactions
of
5
all
government
subdivisions
shall
be
audited
at
least
once
6
each
year,
except
that
cities
having
a
population
of
seven
7
hundred
or
more
but
less
than
two
thousand
shall
be
examined
8
at
least
once
every
four
years,
and
cities
having
a
population
9
of
less
than
seven
hundred
may
be
examined
as
otherwise
10
provided
in
this
section
.
The
audit
of
school
districts
shall
11
include
an
audit
of
all
school
funds
including
categorical
12
funding
provided
by
the
state,
the
certified
annual
financial
13
report,
the
certified
enrollment
as
provided
in
section
257.6
,
14
supplementary
weighting
as
provided
in
section
257.11
,
and
the
15
revenues
and
expenditures
of
any
nonprofit
school
organization
16
established
pursuant
to
section
279.62
,
and
entrepreneurial
17
education
accounts
established
pursuant
to
section
298A.8A
.
18
Differences
in
certified
enrollment
shall
be
reported
to
the
19
department
of
management.
The
audit
of
school
districts
shall
20
include
at
a
minimum
a
determination
that
the
laws
of
the
21
state
are
being
followed,
that
categorical
funding
is
not
22
used
to
supplant
other
funding
except
as
otherwise
provided,
23
that
supplementary
weighting
is
pursuant
to
an
eligible
24
sharing
condition,
and
that
postsecondary
courses
provided
in
25
accordance
with
section
257.11
and
chapter
261E
supplement,
26
rather
than
supplant,
school
district
courses.
The
audit
of
27
a
city
that
owns
or
operates
a
municipal
utility
providing
28
local
exchange
services
pursuant
to
chapter
476
shall
include
29
performing
tests
of
the
city’s
compliance
with
section
388.10
.
30
The
audit
of
a
city
that
owns
or
operates
a
municipal
utility
31
providing
telecommunications
services
pursuant
to
section
32
388.10
shall
include
performing
tests
of
the
city’s
compliance
33
with
section
388.10
.
34
Sec.
2.
Section
12B.10,
subsection
6,
Code
2013,
is
amended
35
-1-
LSB
2042YH
(3)
85
je/sc
1/
6
H.F.
227
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
m.
Investments
by
a
student
organization
2
or
club
of
moneys
from
an
entrepreneurial
education
account
3
governed
by
section
298A.8A.
4
Sec.
3.
Section
298A.8,
Code
2013,
is
amended
to
read
as
5
follows:
6
298A.8
Student
activity
fund.
7
The
student
activity
fund
is
a
special
revenue
fund.
A
8
student
activity
fund
must
be
established
in
any
school
9
corporation
receiving
money
from
student-related
activities
10
such
as
admissions,
activity
fees,
student
dues,
student
11
fund-raising
events,
or
other
student-related
cocurricular
or
12
extracurricular
activities.
Moneys
in
this
fund
,
other
than
13
moneys
in
an
entrepreneurial
education
account
established
14
under
section
298A.8A,
shall
be
used
to
support
only
the
15
cocurricular
program
defined
in
department
of
education
16
administrative
rules.
17
Sec.
4.
NEW
SECTION
.
298A.8A
Entrepreneurial
education
18
accounts.
19
1.
Accounts
established
——
purposes.
For
the
purposes
20
of
enhancing
student
learning
by
encouraging
students
to
21
develop
and
practice
entrepreneurial
skills
at
an
early
age
22
and
of
fostering
a
business-ready
workforce
in
this
state,
23
a
school
corporation
shall
establish
an
entrepreneurial
24
education
account
within
a
student
activity
fund
at
the
25
request
of
a
student
organization
or
club.
An
entrepreneurial
26
education
account
shall
consist
only
of
moneys
earned
through
27
entrepreneurial
activities
or
returns
on
investments
made
for
28
entrepreneurial
purposes
by
the
student
organization
or
club,
29
and
any
interest
earned
on
such
moneys,
that
are
deposited
30
in
the
account.
Such
moneys
shall
be
held
in
trust
by
the
31
school
corporation
for
the
members
of
the
student
organization
32
or
club.
Moneys
in
the
account
shall
be
used
only
by
the
33
student
organization
or
club
and
shall
be
used
only
for
34
investments
made
for
entrepreneurial
purposes
in
accordance
35
-2-
LSB
2042YH
(3)
85
je/sc
2/
6
H.F.
227
with
this
section.
The
student
organization
or
club
may
1
designate
an
entrepreneurial
purpose
for
the
use
of
moneys
2
in
the
account
in
accordance
with
this
section.
A
school
3
corporation
shall
release
moneys
in
the
account
for
use
by
the
4
student
organization
or
club
upon
approval
of
the
designated
5
entrepreneurial
purpose
by
the
board
of
directors
of
the
school
6
district
by
resolution.
A
school
organization
or
club
shall
7
deposit
any
return
on
an
investment
made
with
moneys
from
the
8
account
in
either
the
school
corporation’s
student
activity
9
fund
or
in
the
student
organization’s
or
club’s
account
within
10
the
student
activity
fund.
11
2.
Funds
segregated.
Upon
request
of
a
student
organization
12
or
club,
a
school
corporation
shall
segregate
moneys
in
13
a
student
activity
fund
established
under
section
298A.8,
14
for
deposit
by
the
student
organization
or
club
in
an
15
entrepreneurial
education
account.
However,
a
school
16
corporation
shall
not
segregate
such
moneys
unless
the
moneys
17
are
attributable
through
appropriate
documentation
to
the
18
specific
student
organization
or
club
and
unless
the
student
19
organization
or
club
shows
through
appropriate
documentation
20
that
the
student
organization
or
club
earned
the
moneys
21
through
entrepreneurial
activities
as
defined
in
subsection
4,
22
paragraph
“a”
.
23
3.
Conflicts
of
interest
prohibited.
A
student
organization
24
or
club
shall
not
invest
moneys
from
an
entrepreneurial
25
education
account
for
an
entrepreneurial
purpose
in
which
a
26
member
of
the
student
organization
or
club,
an
advisor
or
27
supervisor
of
the
student
organization
or
club,
or
an
immediate
28
family
member
of
such
persons,
has
a
financial
interest.
29
4.
Definitions.
For
purposes
of
this
section:
30
a.
“Entrepreneurial
activities”
means
starting,
maintaining,
31
or
expanding
a
business
venture,
including
a
seasonal
business
32
venture.
33
b.
“Entrepreneurial
purpose”
means
investing
in
a
start-up
34
company,
early-stage
company,
or
existing
company
developing
a
35
-3-
LSB
2042YH
(3)
85
je/sc
3/
6
H.F.
227
new
product
or
new
technology
if
the
investment
is
in
keeping
1
with
the
education
program
of
the
school
corporation;
if
2
the
student
organization
or
club
or
its
members
will,
as
a
3
stated
condition
of
the
investment,
take
an
active
role
in
the
4
company
which
active
role
directly
relates
to
and
furthers
the
5
educational
purposes
for
which
the
student
organization
or
club
6
is
established;
and
if
a
reasonable
return
upon
the
investment
7
is
expected.
8
c.
“Immediate
family
member”
means
a
spouse;
natural
or
9
adoptive
parent,
child,
or
sibling;
or
stepparent,
stepchild,
10
or
stepsibling.
11
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
12
immediate
importance,
takes
effect
upon
enactment.
13
Sec.
6.
APPLICABILITY.
This
Act
applies
to
moneys
in
a
14
student
activity
fund
established
under
section
298A.8,
on
15
the
effective
date
of
this
Act,
that
are
attributable
through
16
appropriate
documentation
to
a
specific
student
organization
or
17
club
and
that
were
earned
by
the
student
organization
or
club
18
through
entrepreneurial
activities
as
defined
in
section
19
298A.8A,
subsection
4,
paragraph
“a”.
20
EXPLANATION
21
This
bill
requires
a
school
corporation,
at
the
request
of
a
22
student
organization
or
club,
to
establish
an
entrepreneurial
23
education
account
within
a
student
activity
fund
established
24
under
Code
section
298A.8
for
the
purposes
of
enhancing
student
25
learning
by
encouraging
students
to
develop
and
practice
26
entrepreneurial
skills
at
an
early
age
and
of
fostering
a
27
business-ready
workforce
in
Iowa.
The
bill
provides
that
an
28
entrepreneurial
education
account
can
consist
only
of
moneys
29
earned
through
entrepreneurial
activities
or
returns
on
30
investments
made
for
entrepreneurial
purposes
by
the
student
31
organization
or
club,
and
any
interest
earned
on
such
moneys,
32
that
are
deposited
in
the
account.
The
bill
provides
that
such
33
moneys
must
be
held
in
trust
by
the
school
corporation
for
the
34
members
of
the
student
organization
or
club.
The
bill
provides
35
-4-
LSB
2042YH
(3)
85
je/sc
4/
6
H.F.
227
that
moneys
in
the
account
can
only
be
used
by
the
student
1
organization
or
club
and
can
only
be
used
for
investments
made
2
for
entrepreneurial
purposes
in
accordance
with
the
bill.
3
The
bill
provides
that
the
student
organization
or
club
may
4
designate
an
entrepreneurial
purpose
for
the
use
of
moneys
in
5
the
entrepreneurial
education
account
in
accordance
with
the
6
bill.
The
bill
requires
a
school
corporation
to
release
moneys
7
in
the
account
for
use
by
the
student
organization
or
club
8
upon
approval
of
the
designated
entrepreneurial
purpose
by
the
9
board
of
directors
of
the
school
district
by
resolution.
The
10
bill
requires
the
school
organization
or
club
to
deposit
any
11
return
on
an
investment
made
with
moneys
from
the
account
in
12
either
the
school
corporation’s
student
activity
fund
or
in
13
the
student
organization’s
or
club’s
entrepreneurial
education
14
account
within
the
student
activity
fund.
15
The
bill
requires
a
school
corporation,
upon
request
of
16
a
student
organization
or
club,
to
segregate
moneys
in
a
17
student
activity
fund
for
deposit
by
the
student
organization
18
or
club
in
an
entrepreneurial
education
account.
However,
19
the
bill
prohibits
a
school
corporation
from
segregating
such
20
moneys
unless
the
moneys
are
attributable
through
appropriate
21
documentation
to
the
specific
student
organization
or
club
22
and
unless
the
student
organization
or
club
shows
through
23
appropriate
documentation
that
the
student
organization
or
club
24
earned
the
moneys
through
entrepreneurial
activities.
25
The
bill
prohibits
a
student
organization
or
club
from
26
investing
moneys
from
an
entrepreneurial
education
account
for
27
an
entrepreneurial
purpose
in
which
a
member
of
the
student
28
organization
or
club,
an
advisor
or
supervisor
of
the
student
29
organization
or
club,
or
an
immediate
family
member
of
such
30
persons,
has
a
financial
interest.
31
The
bill
defines
“entrepreneurial
activities”
as
starting,
32
maintaining,
or
expanding
a
business
venture,
including
a
33
seasonal
business
venture.
The
bill
defines
“entrepreneurial
34
purpose”
as
investing
in
a
start-up
company,
early-stage
35
-5-
LSB
2042YH
(3)
85
je/sc
5/
6
H.F.
227
company,
or
existing
company
developing
a
new
product
or
new
1
technology
if
the
investment
is
in
keeping
with
the
education
2
program
of
the
school
corporation;
if
the
student
organization
3
or
club
or
its
members
will,
as
a
stated
condition
of
the
4
investment,
take
an
active
role
in
the
company
which
directly
5
relates
to
and
furthers
the
educational
purposes
for
which
6
the
student
organization
or
club
is
established;
and
if
a
7
reasonable
return
upon
the
investment
is
expected.
8
The
bill
specifies
that
entrepreneurial
education
accounts
9
are
subject
to
the
annual
auditing
requirements
applicable
to
10
government
subdivisions
including
school
districts
in
Code
11
section
11.6.
12
The
bill
excludes
investments
of
moneys
from
entrepreneurial
13
education
accounts
from
the
limitations
on
the
investment
of
14
public
funds
in
Code
section
12B.10.
15
The
bill
excludes
moneys
in
an
entrepreneurial
education
16
account
from
the
requirement
in
Code
section
298A.8
that
moneys
17
in
a
student
activity
fund
must
be
used
only
to
support
a
18
school
corporation’s
cocurricular
program.
19
The
bill
takes
effect
upon
enactment.
20
The
bill
applies
to
moneys
in
a
student
activity
fund
on
21
the
effective
date
of
the
bill
that
are
attributable
through
22
appropriate
documentation
to
a
specific
student
organization
or
23
club,
and
that
were
earned
by
the
student
organization
or
club
24
through
entrepreneurial
activities.
25
-6-
LSB
2042YH
(3)
85
je/sc
6/
6