Bill Text: IA SSB3199 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the office of secretary of state from imposing a fee for filing biennial reports by business entities.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-27 - Subcommittee: Feenstra, Schultz, and McCoy. [SSB3199 Detail]
Download: Iowa-2017-SSB3199-Introduced.html
Senate
Study
Bill
3199
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
FEENSTRA)
A
BILL
FOR
An
Act
prohibiting
the
office
of
secretary
of
state
from
1
imposing
a
fee
for
filing
biennial
reports
by
business
2
entities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5633XC
(4)
87
da/rn
S.F.
_____
Section
1.
Section
488.210,
subsection
5,
Code
2018,
is
1
amended
to
read
as
follows:
2
5.
The
first
biennial
report
shall
be
delivered
to
the
3
secretary
of
state
between
January
1
and
April
1
of
the
4
first
odd-numbered
year
following
the
calendar
year
in
5
which
a
limited
partnership
was
formed
or
a
foreign
limited
6
partnership
was
authorized
to
transact
business.
Subsequent
7
biennial
reports
must
be
delivered
to
the
secretary
of
state
8
between
January
1
and
April
1
of
the
following
odd-numbered
9
calendar
years.
A
filing
fee
for
the
biennial
report
shall
be
10
determined
by
the
secretary
of
state.
For
purposes
of
this
11
section
,
each
biennial
report
shall
contain
information
related
12
to
the
two-year
period
immediately
preceding
the
calendar
year
13
in
which
the
report
is
filed.
14
Sec.
2.
Section
488.1206,
subsection
1,
Code
2018,
is
15
amended
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
0p.
Biennial
report
.
.
.
.
.
.
.
.
.
.
.
.
No
fee
17
Sec.
3.
Section
489.117,
subsection
1,
Code
2018,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
0u.
A
biennial
report
.
.
.
.
.
.
.
.
.
.
No
fee
20
Sec.
4.
Section
489.117,
subsection
4,
Code
2018,
is
amended
21
by
striking
the
subsection.
22
Sec.
5.
Section
489.209,
subsection
3,
Code
2018,
is
amended
23
to
read
as
follows:
24
3.
The
first
biennial
report
under
this
section
must
be
25
delivered
to
the
secretary
of
state
between
January
1
and
26
April
1
of
the
first
odd-numbered
year
following
the
calendar
27
year
in
which
a
limited
liability
company
was
formed
or
a
28
foreign
limited
liability
company
was
authorized
to
transact
29
business.
A
subsequent
biennial
report
must
be
delivered
30
to
the
secretary
of
state
between
January
1
and
April
1
of
31
each
following
odd-numbered
calendar
year.
A
filing
fee
for
32
the
biennial
report
shall
be
determined
by
the
secretary
of
33
state
pursuant
to
section
489.117
.
Each
biennial
report
shall
34
contain
information
related
to
the
two-year
period
immediately
35
-1-
LSB
5633XC
(4)
87
da/rn
1/
8
S.F.
_____
preceding
the
calendar
year
in
which
the
report
is
filed.
1
Sec.
6.
Section
490.122,
subsection
1,
Code
2018,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
0y.
Biennial
report
.
.
.
.
.
.
.
.
.
.
.
.
No
fee
4
Sec.
7.
Section
490.1622,
subsection
3,
Code
2018,
is
5
amended
to
read
as
follows:
6
3.
The
first
biennial
report
shall
be
delivered
to
the
7
secretary
of
state
between
January
1
and
April
1
of
the
8
first
even-numbered
year
following
the
calendar
year
in
9
which
a
domestic
corporation
was
incorporated
or
a
foreign
10
corporation
was
authorized
to
transact
business.
Subsequent
11
biennial
reports
must
be
delivered
to
the
secretary
of
state
12
between
January
1
and
April
1
of
the
following
even-numbered
13
calendar
years.
A
filing
fee
for
the
biennial
report
shall
be
14
determined
by
the
secretary
of
state.
For
purposes
of
this
15
section
,
each
biennial
report
shall
contain
information
related
16
to
the
two-year
period
immediately
preceding
the
calendar
year
17
in
which
the
report
is
filed.
18
Sec.
8.
Section
495.3,
Code
2018,
is
amended
to
read
as
19
follows:
20
495.3
Biennial
report
——
fee
.
21
1.
All
corporations
A
corporation
subject
to
the
provisions
22
of
this
chapter
are
hereby
required
to
pay
the
fee
and
to
make
23
the
shall
file
a
biennial
report
in
the
form
and
manner
and
at
24
the
time
as
specified
in
chapter
490
.
25
2.
The
secretary
of
state
shall
not
impose
a
fee
for
filing
26
a
biennial
report.
27
Sec.
9.
Section
496C.21,
subsection
3,
Code
2018,
is
amended
28
to
read
as
follows:
29
3.
A
corporation
subject
to
the
provisions
of
this
chapter
30
shall
pay
the
biennial
filing
fee
and
make
prepare
and
file
the
31
biennial
report
in
a
form
and
manner
and
at
the
time
specified
32
in
chapter
490
.
33
Sec.
10.
Section
496C.21,
Code
2018,
is
amended
by
adding
34
the
following
new
subsection:
35
-2-
LSB
5633XC
(4)
87
da/rn
2/
8
S.F.
_____
NEW
SUBSECTION
.
4.
The
secretary
of
state
shall
not
impose
1
a
fee
for
filing
a
biennial
report.
2
Sec.
11.
Section
497.22,
Code
2018,
is
amended
to
read
as
3
follows:
4
497.22
Biennial
report
——
penalty.
5
1.
Section
A
cooperative
association
subject
to
this
6
chapter
shall
file
a
biennial
report
with
the
secretary
of
7
state
in
the
same
manner
as
a
corporation
subject
to
section
8
504.1613
applies
to
a
cooperative
association
organized
under
9
this
chapter
in
the
same
manner
as
that
section
applies
to
10
a
corporation
organized
under
chapter
504
.
In
addition
to
11
the
information
required
to
be
set
forth
in
the
biennial
12
report
under
section
504.1613
,
the
cooperative
association
13
shall
also
set
forth
the
total
amount
of
business
transacted,
14
number
of
members,
total
expense
of
operation,
total
amount
of
15
indebtedness,
and
total
profits
or
losses
for
each
calendar
16
or
fiscal
year
of
the
two-year
period
which
ended
immediately
17
preceding
the
first
day
of
January
of
the
year
in
which
the
18
report
is
filed.
19
2.
The
secretary
of
state
shall
not
impose
a
fee
for
filing
20
a
biennial
report.
21
3.
A
cooperative
association
which
that
fails
to
comply
with
22
this
section
before
April
1
of
the
year
in
which
the
report
is
23
due
is
subject
to
a
penalty
of
ten
dollars.
24
Sec.
12.
Section
498.24,
Code
2018,
is
amended
to
read
as
25
follows:
26
498.24
Biennial
report
——
penalty.
27
1.
Section
A
cooperative
association
subject
to
this
28
chapter
shall
file
a
biennial
report
with
the
secretary
of
29
state
in
the
same
manner
as
a
corporation
subject
to
section
30
504.1613
applies
to
a
cooperative
association
organized
under
31
this
chapter
in
the
same
manner
as
that
section
applies
to
32
a
corporation
organized
under
chapter
504
.
In
addition
to
33
the
information
required
to
be
set
forth
in
the
biennial
34
report
under
section
504.1613
,
the
cooperative
association
35
-3-
LSB
5633XC
(4)
87
da/rn
3/
8
S.F.
_____
shall
also
set
forth
the
total
amount
of
business
transacted,
1
number
of
members,
total
expense
of
operation,
total
amount
of
2
indebtedness,
and
total
profits
or
losses
for
each
calendar
3
or
fiscal
year
of
the
two-year
period
which
ended
immediately
4
preceding
the
first
day
of
January
of
the
year
in
which
the
5
report
is
filed.
6
2.
The
secretary
of
state
shall
not
impose
a
fee
for
filing
7
a
biennial
report.
8
3.
A
cooperative
association
which
that
fails
to
comply
with
9
this
section
before
April
1
of
the
year
in
which
the
report
is
10
due
is
subject
to
a
penalty
of
ten
dollars.
11
Sec.
13.
Section
499.49,
Code
2018,
is
amended
to
read
as
12
follows:
13
499.49
Biennial
report.
14
1.
Section
A
cooperative
subject
to
this
chapter
shall
15
file
a
biennial
report
with
the
secretary
of
state
in
the
same
16
manner
as
a
corporation
subject
to
section
504.1613
applies
17
to
a
cooperative
organized
under
this
chapter
in
the
same
18
manner
as
that
section
applies
to
a
corporation
organized
19
under
chapter
504
.
In
addition
to
the
information
required
to
20
be
set
forth
in
the
biennial
report
under
section
504.1613
,
21
the
cooperative
shall
also
set
forth
the
number
of
members
22
of
the
cooperative,
the
percentage
of
the
cooperative’s
23
business
done
with
or
for
its
own
members
during
each
of
the
24
fiscal
or
calendar
years
of
the
preceding
two-year
period,
25
the
percentage
of
the
cooperative’s
business
done
with
or
for
26
each
class
of
nonmembers
specified
in
section
499.3
,
and
any
27
other
information
deemed
necessary
by
the
secretary
of
state
28
to
advise
the
secretary
whether
the
cooperative
is
actually
29
functioning
as
a
cooperative.
30
2.
The
secretary
of
state
shall
not
impose
a
fee
for
filing
31
a
biennial
report.
32
Sec.
14.
Section
501.105,
Code
2018,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
3A.
The
secretary
of
state
shall
not
impose
35
-4-
LSB
5633XC
(4)
87
da/rn
4/
8
S.F.
_____
a
fee
for
filing
a
biennial
report.
1
Sec.
15.
Section
501.713,
subsection
3,
Code
2018,
is
2
amended
to
read
as
follows:
3
3.
The
first
biennial
report
shall
be
delivered
to
the
4
secretary
of
state
for
filing
between
January
1
and
April
1
of
5
the
first
even-numbered
year
following
the
calendar
year
in
6
which
a
cooperative
was
organized.
Subsequent
biennial
reports
7
must
be
delivered
to
the
secretary
of
state
between
January
1
8
and
April
1
of
the
following
even-numbered
calendar
years.
A
9
filing
fee
for
the
biennial
report
shall
be
determined
by
the
10
secretary
of
state.
11
Sec.
16.
Section
501.713,
Code
2018,
is
amended
by
adding
12
the
following
new
subsection:
13
NEW
SUBSECTION
.
6.
The
secretary
of
state
shall
not
impose
14
a
fee
for
filing
a
biennial
report.
15
Sec.
17.
Section
501.811,
subsection
1,
Code
2018,
is
16
amended
to
read
as
follows:
17
1.
The
cooperative
has
not
delivered
for
filing
a
biennial
18
report
to
the
secretary
of
state
in
a
form
that
meets
the
19
requirements
of
section
501.713
,
within
sixty
days
after
it
20
is
due
,
or
has
not
paid
the
filing
fee
as
determined
by
the
21
secretary
of
state,
within
sixty
days
after
it
is
due
.
22
Sec.
18.
Section
501A.205,
subsection
1,
Code
2018,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
0y.
Biennial
report
.
.
.
.
.
.
.
.
.
.
.
.
No
fee
25
Sec.
19.
Section
501A.231,
subsection
3,
Code
2018,
is
26
amended
to
read
as
follows:
27
3.
The
first
biennial
report
shall
be
delivered
for
filing
28
to
the
secretary
of
state
between
January
1
and
April
1
of
the
29
first
even-numbered
year
following
the
calendar
year
in
which
a
30
cooperative
is
organized.
Subsequent
biennial
reports
shall
be
31
delivered
to
the
secretary
of
state
between
January
1
and
April
32
1
of
the
following
even-numbered
calendar
years.
A
filing
fee
33
for
the
biennial
report
shall
be
determined
by
the
secretary
of
34
state.
35
-5-
LSB
5633XC
(4)
87
da/rn
5/
8
S.F.
_____
Sec.
20.
Section
501A.231,
Code
2018,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6.
The
secretary
of
state
shall
not
impose
3
a
fee
for
filing
a
biennial
report.
4
Sec.
21.
Section
504.113,
subsection
1,
paragraph
w,
Code
5
2018,
is
amended
by
striking
the
paragraph.
6
Sec.
22.
Section
504.113,
subsection
1,
Code
2018,
is
7
amended
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
0z.
Biennial
report
.
.
.
.
.
.
.
.
.
.
.
.
No
fee
9
Sec.
23.
Section
504.1613,
subsection
4,
Code
2018,
is
10
amended
to
read
as
follows:
11
4.
a.
If
a
biennial
report
does
not
contain
the
information
12
required
by
this
section
,
the
secretary
of
state
shall
promptly
13
notify
the
reporting
domestic
or
foreign
corporation
in
writing
14
and
return
the
report
to
the
corporation
for
correction.
15
b.
A
filing
fee
for
the
biennial
report
shall
be
determined
16
by
the
secretary
of
state.
17
c.
b.
For
purposes
of
this
section
,
each
biennial
report
18
shall
contain
information
related
to
the
two-year
period
19
immediately
preceding
the
calendar
year
in
which
the
report
is
20
filed.
21
Sec.
24.
Section
504.1613,
Code
2018,
is
amended
by
adding
22
the
following
new
subsection:
23
NEW
SUBSECTION
.
6.
The
secretary
of
state
shall
not
impose
24
a
fee
for
filing
a
biennial
report.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
GENERAL.
This
bill
amends
provisions
affecting
a
number
of
29
business
entities
required
to
file
a
biennial
report
(report)
30
with
the
office
of
the
secretary
of
state
(office).
The
bill
31
prohibits
the
office
from
imposing
a
fee
for
filing
the
report.
32
BACKGROUND
——
BUSINESS
ENTITIES
REQUIRED
TO
FILE
A
REPORT.
A
33
business
entity
is
required
to
file
a
report
with
the
office
34
either
on
an
even-numbered
or
odd-numbered
year
depending
upon
35
-6-
LSB
5633XC
(4)
87
da/rn
6/
8
S.F.
_____
the
type
of
business
entity
required
to
file.
The
business
1
entity
may
include
a
domestic
or
foreign
business
operating
2
on
a
profit,
nonprofit,
or
cooperative
basis.
It
does
not
3
include
a
partnership
or
limited
liability
partnership
(Code
4
chapter
486A)
or
a
corporation
for
pecuniary
profit
organized
5
under
Code
chapter
491
prior
to
July
1,
1971
(Code
section
6
491.1).
It
does
include
a
limited
partnership
or
a
foreign
7
limited
partnership
(Code
section
488.210),
a
limited
liability
8
company
or
a
foreign
limited
liability
company
(Code
section
9
489.209),
a
professional
limited
liability
company
or
foreign
10
professional
limited
liability
company
(Code
sections
489.209
11
and
489.1101),
a
domestic
or
foreign
for-profit
corporation
12
(Code
section
490.1622),
a
foreign
corporation
that
owns
or
13
controls
certain
utilities
(Code
section
495.3),
a
cooperative
14
association
organized
prior
to
July
4,
1935
(Code
sections
15
497.22,
498.24,
and
504.1613),
a
traditional
domestic
or
16
foreign
cooperative
association
(Code
sections
499.49,
499.54,
17
490.122,
and
504.1613),
a
closed
cooperative
organized
under
18
state
law
(Code
section
501.713),
a
domestic
or
foreign
19
cooperative
subject
to
the
Iowa
cooperative
associations
Act
20
(Code
section
501A.231),
and
a
domestic
or
foreign
nonprofit
21
corporation
(Code
section
504.1613).
22
BACKGROUND
——
AMOUNT
OF
THE
FILING
FEE.
The
relevant
23
statutes
do
not
specify
the
amount
of
the
filing
fee.
24
Generally,
the
amount
is
determined
by
the
office
(Code
25
sections
488.210,
489.209,
490.1622,
501.713,
501A.231,
and
26
504.1613).
27
BACKGROUND
——
INFORMATION
IN
THE
REPORT.
Generally,
a
28
report
contains
information
regarding
the
business
entity’s
29
current
status
including
its
identity
(e.g.,
name),
business
30
location
(the
mailing
address
of
its
registered
office
and
31
registered
agent
for
service
of
process,
and
its
principal
32
place
of
business),
and
in
the
case
of
a
foreign
business
33
entity
the
state
or
other
jurisdiction
under
which
it
was
34
organized
or
formed.
The
failure
to
file
a
complete
report
and
35
-7-
LSB
5633XC
(4)
87
da/rn
7/
8
