House
File
533
-
Introduced
HOUSE
FILE
533
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
227)
A
BILL
FOR
An
Act
providing
for
entrepreneurial
education
funds
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
2042HV
(5)
85
je/sc
H.F.
533
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
funds
established
pursuant
to
section
298A.15
.
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
2042HV
(5)
85
je/sc
1/
6
H.F.
533
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
m.
Investments
by
a
student
organization
or
2
club
of
moneys
from
an
entrepreneurial
education
fund
governed
3
by
section
298A.15.
4
Sec.
3.
NEW
SECTION
.
298A.15
Entrepreneurial
education
5
funds.
6
1.
Funds
established
——
purposes.
For
the
purposes
of
7
enhancing
student
learning
by
encouraging
students
to
develop
8
and
practice
entrepreneurial
skills
at
an
early
age
and
of
9
fostering
a
business-ready
workforce
in
this
state,
a
school
10
corporation
may
establish
an
entrepreneurial
education
fund
at
11
the
request
of
a
student
organization
or
club
and
upon
approval
12
by
the
school
board.
An
entrepreneurial
education
fund
is
a
13
special
revenue
fund
and
shall
consist
only
of
moneys
earned
14
through
entrepreneurial
activities
or
returns
on
investments
15
made
for
entrepreneurial
purposes
by
the
student
organization
16
or
club,
private
donations
and
private
contributions,
and
any
17
interest
earned
on
such
moneys,
that
are
deposited
in
the
18
fund.
Moneys
in
the
fund
shall
be
used
only
for
investments
19
made,
or
activities
undertaken,
for
entrepreneurial
purposes
20
in
accordance
with
this
section.
The
student
organization
21
or
club
may
designate
an
entrepreneurial
purpose
for
the
use
22
of
moneys
in
the
fund
in
accordance
with
this
section.
A
23
school
corporation
may
expend
moneys
in
the
fund
for
use
by
the
24
student
organization
or
club
in
accordance
with
this
section
25
upon
approval
of
the
designated
entrepreneurial
purpose
by
the
26
school
board.
A
school
organization
or
club
shall
deposit
27
any
return
on
an
investment
made
with
moneys
from
the
fund
28
in
the
school
corporation’s
entrepreneurial
education
fund.
29
The
school
corporation
shall
not
transfer
or
contribute
to
30
the
fund
any
other
moneys
that
are
not
moneys
earned
through
31
entrepreneurial
activities
or
returns
on
investments
made
for
32
entrepreneurial
purposes
by
the
student
organization
or
club.
33
2.
Funds
transferred.
At
the
request
of
a
student
34
organization
or
club
and
upon
approval
by
the
school
board,
a
35
-2-
LSB
2042HV
(5)
85
je/sc
2/
6
H.F.
533
school
corporation
shall
transfer
moneys
in
a
student
activity
1
fund
established
under
section
298A.8,
for
deposit
by
the
2
student
organization
or
club
in
an
entrepreneurial
education
3
fund.
However,
a
school
corporation
shall
not
transfer
such
4
moneys
unless
the
moneys
are
attributable
through
appropriate
5
documentation
to
the
specific
student
organization
or
club
6
and
unless
the
student
organization
or
club
shows
through
7
appropriate
documentation
that
the
student
organization
or
club
8
earned
the
moneys
through
entrepreneurial
activities
as
defined
9
in
subsection
4,
paragraph
“a”
.
10
3.
Conflicts
of
interest
prohibited.
A
student
organization
11
or
club
shall
not
invest
moneys
from
an
entrepreneurial
12
education
fund
for
an
entrepreneurial
purpose
in
which
a
member
13
of
the
student
organization
or
club,
an
advisor
or
supervisor
14
of
the
student
organization
or
club,
or
an
immediate
family
15
member
of
such
persons,
has
a
financial
interest.
Sections
16
279.7A
and
301.28
apply
to
this
section.
17
4.
Definitions.
For
purposes
of
this
section:
18
a.
“Entrepreneurial
activities”
means
starting,
maintaining,
19
or
expanding
a
business
venture,
including
a
seasonal
business
20
venture.
21
b.
“Entrepreneurial
purpose”
means
establishing
or
investing
22
in
a
start-up
company,
early-stage
company,
or
existing
23
company
developing
a
new
product
or
new
technology
if
the
24
investment
is
in
keeping
with
the
education
program
of
the
25
school
corporation;
if
the
student
organization
or
club
or
its
26
members
will,
as
a
stated
condition
of
the
investment,
take
an
27
active
role
in
the
company
which
active
role
directly
relates
28
to
and
furthers
the
educational
purposes
for
which
the
student
29
organization
or
club
is
established;
and
if
a
reasonable
return
30
upon
the
investment
is
expected.
31
c.
“Immediate
family
member”
means
a
spouse;
natural
or
32
adoptive
parent,
child,
or
sibling;
or
stepparent,
stepchild,
33
or
stepsibling.
34
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
35
-3-
LSB
2042HV
(5)
85
je/sc
3/
6
H.F.
533
immediate
importance,
takes
effect
upon
enactment.
1
Sec.
5.
APPLICABILITY.
Section
298A.15,
subsection
2,
as
2
enacted
in
this
Act,
applies
to
moneys
in
a
student
activity
3
fund
established
under
section
298A.8,
on
and
after
the
4
effective
date
of
this
Act,
that
are
attributable
through
5
appropriate
documentation
to
a
specific
student
organization
6
or
club
and
that
were
earned
by
the
student
organization
or
7
club
through
entrepreneurial
activities
as
defined
in
section
8
298A.15,
subsection
4,
paragraph
“a”.
9
EXPLANATION
10
This
bill
permits
a
school
corporation,
at
the
request
of
a
11
student
organization
or
club
and
upon
approval
of
the
school
12
board,
to
establish
an
entrepreneurial
education
fund
for
the
13
purposes
of
enhancing
student
learning
by
encouraging
students
14
to
develop
and
practice
entrepreneurial
skills
at
an
early
age
15
and
of
fostering
a
business-ready
workforce
in
Iowa.
The
bill
16
provides
that
an
entrepreneurial
education
fund
is
a
special
17
revenue
fund
and
can
consist
only
of
moneys
earned
through
18
entrepreneurial
activities
or
returns
on
investments
made
for
19
entrepreneurial
purposes
by
the
student
organization
or
club,
20
private
donations
and
private
contributions,
and
any
interest
21
earned
on
such
moneys,
that
are
deposited
in
the
fund.
The
22
bill
provides
that
moneys
in
the
fund
can
only
be
used
for
23
investments
made
or
activities
undertaken
for
entrepreneurial
24
purposes
in
accordance
with
the
bill.
25
The
bill
provides
that
the
student
organization
or
club
may
26
designate
an
entrepreneurial
purpose
for
the
use
of
moneys
in
27
the
entrepreneurial
education
fund
in
accordance
with
the
bill.
28
The
bill
permits
a
school
corporation
to
expend
moneys
in
the
29
fund
for
use
by
the
student
organization
or
club
in
accordance
30
with
the
bill
upon
approval
of
the
designated
entrepreneurial
31
purpose
by
the
school
board.
The
bill
requires
the
school
32
organization
or
club
to
deposit
any
return
on
an
investment
33
made
with
moneys
from
the
fund
in
the
fund.
The
bill
prohibits
34
a
school
corporation
from
transferring
or
contributing
to
35
-4-
LSB
2042HV
(5)
85
je/sc
4/
6
H.F.
533
the
fund
any
other
moneys
that
are
not
moneys
earned
through
1
entrepreneurial
activities
or
returns
on
investments
made
for
2
entrepreneurial
purposes
by
the
student
organization
or
club.
3
The
bill
requires
a
school
corporation,
upon
request
4
of
a
student
organization
or
club
and
upon
approval
by
5
the
school
board,
to
transfer
moneys
in
a
student
activity
6
fund
for
deposit
by
the
student
organization
or
club
in
an
7
entrepreneurial
education
fund.
However,
the
bill
prohibits
8
a
school
corporation
from
transferring
such
moneys
unless
the
9
moneys
are
attributable
through
appropriate
documentation
10
to
the
specific
student
organization
or
club
and
unless
11
the
student
organization
or
club
shows
through
appropriate
12
documentation
that
the
student
organization
or
club
earned
the
13
moneys
through
entrepreneurial
activities.
14
The
bill
prohibits
a
student
organization
or
club
from
15
investing
moneys
from
an
entrepreneurial
education
fund
for
16
an
entrepreneurial
purpose
in
which
a
member
of
the
student
17
organization
or
club,
an
advisor
or
supervisor
of
the
student
18
organization
or
club,
or
an
immediate
family
member
of
such
19
persons,
has
a
financial
interest.
The
bill
applies
other
20
prohibitions
of
conflicts
of
interest
to
entrepreneurial
21
education
funds.
22
The
bill
defines
“entrepreneurial
activities”
as
starting,
23
maintaining,
or
expanding
a
business
venture,
including
a
24
seasonal
business
venture.
The
bill
defines
“entrepreneurial
25
purpose”
as
establishing
or
investing
in
a
start-up
company,
26
early-stage
company,
or
existing
company
developing
a
new
27
product
or
new
technology
if
the
investment
is
in
keeping
with
28
the
education
program
of
the
school
corporation;
if
the
student
29
organization
or
club
or
its
members
will,
as
a
stated
condition
30
of
the
investment,
take
an
active
role
in
the
company
which
31
directly
relates
to
and
furthers
the
educational
purposes
for
32
which
the
student
organization
or
club
is
established;
and
if
a
33
reasonable
return
upon
the
investment
is
expected.
34
The
bill
specifies
that
entrepreneurial
education
funds
35
-5-
LSB
2042HV
(5)
85
je/sc
5/
6
H.F.
533
are
subject
to
the
annual
auditing
requirements
applicable
to
1
government
subdivisions
including
school
districts
in
Code
2
section
11.6.
3
The
bill
excludes
investments
of
moneys
from
entrepreneurial
4
education
funds
from
the
limitations
on
the
investment
of
5
public
funds
in
Code
section
12B.10.
6
The
bill
takes
effect
upon
enactment.
7
The
bill
applies
to
moneys
in
a
student
activity
fund
on
8
and
after
the
effective
date
of
the
bill
that
are
attributable
9
through
appropriate
documentation
to
a
specific
student
10
organization
or
club,
and
that
were
earned
by
the
student
11
organization
or
club
through
entrepreneurial
activities.
12
-6-
LSB
2042HV
(5)
85
je/sc
6/
6