SF 285 (LSB 1686SV (2) 91)

SENATE FILE 285

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1003)

A BILL FOR

An Act providing for an expedited filing service for filers of business documents administered by the secretary of state, and providing fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 9.15, Code 2025, is amended to read as follows:
   9.15  Expedited filing service —— surcharge.
   1.  Upon the request of the filer of a document, the secretary shall provide an expedited filing service. As part of the service, the secretary shall file a document submitted by a filer on an expedited basis.
   2.  The secretary shall implement, assess, and collect a surcharge for providing the expedited filing service based on the period of service as follows:
   a.  For a one-hour service, the surcharge shall be two hundred dollars.
   b.  For a same-day service, the surcharge shall be one hundred twenty-five dollars.
   c.  For a two-day service, the surcharge shall be fifty dollars.
   b.  d.  For a five-day service, the surcharge shall be fifteen dollars.
   3.  The surcharge shall be added to the amount of the fee implemented, assessed, and collected for the actual filing of the document.
   4.  At the time of the expedited filing, the secretary shall provide written confirmation of the filing.
   4.  5.  Any moneys collected by the secretary under this section shall be deposited in the business administration fund created in section 9.13.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. This bill amends a provision enacted in 2021 Iowa Acts, chapter 165, section 253, which requires the secretary of state (secretary) to establish and administer programs providing extra services to filers of documents under a number of Code sections regulating business entities. One such provision (Code section 9.15) requires the secretary to offer a service in which a business document is filed on an expedited basis. This includes two additional surcharges for expedited services: for a two-day service, an additional $50, and for a five-day service, an additional $15. Moneys collected from the surcharges are deposited in the business administration fund (fund) created in the same Act (Code section 9.13). Moneys in the fund are appropriated to the office of the secretary for the exclusive purpose of administering business organization statutes (Code Title XII). The specific business entities include partnerships (Code section 486A.105A), limited partnerships (Code section 488.206A), limited liability companies (Code section 489.122A), business corporations (Code section 490.120A), other corporations for pecuniary profit (Code section 491.5A), traditional modern cooperative associations (Code section 499.44A), closed cooperatives (Code section 501.105A), cooperatives organized under the Iowa cooperative associations Act (Code section 501A.201A), and nonprofit corporations (Code section 504.111A).
   BILL’S PROVISIONS. The bill provides two additional surcharges for such services: for a one-hour service, an additional $200, and for same-day service, an additional $125. At the time of the expedited filing, the secretary must provide a written confirmation of an expedited filing.