Read the full stored bill text
House
File
985
-
Introduced
HOUSE
FILE
985
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
198)
(SUCCESSOR
TO
HSB
17)
A
BILL
FOR
An
Act
relating
to
services
provided
by
the
secretary
of
state,
1
providing
fees,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
9.4,
Code
2025,
is
amended
to
read
as
1
follows:
2
9.4
Fees.
3
1.
The
secretary
of
state
shall
collect
all
fees
directed
4
by
law
to
be
collected
by
the
secretary
of
state,
including
a
5
fee
to
be
determined
by
the
secretary
of
state
by
rule
adopted
6
pursuant
to
chapter
17A
for
a
copy
of
any
law
or
record.
7
2.
a.
The
secretary
of
state
shall
adopt
rules
pursuant
to
8
chapter
17A
that
specify
additional
fee
amounts
to
be
imposed
9
by
the
secretary
of
state
for
performing
services
under
law.
10
b.
For
the
fiscal
year
beginning
July
1,
2025,
and
for
11
each
fiscal
year
thereafter,
the
secretary
of
state
shall
not
12
collect
additional
fee
amounts
imposed
under
paragraph
“a”
of
13
more
than
two
million
dollars.
14
c.
The
secretary
of
state
shall
deposit
additional
fee
15
amounts
imposed
under
paragraph
“a”
and
collected
under
16
paragraph
“b”
in
the
business
services
modernization
fund
17
created
pursuant
to
section
9.4A.
18
Sec.
2.
Section
9.4A,
Code
2025,
is
amended
to
read
as
19
follows:
20
9.4A
Technology
Business
services
modernization
fund.
21
1.
A
technology
modernization
business
services
22
modernization
fund
is
created
in
the
state
treasury
under
23
the
control
of
the
secretary
of
state.
Moneys
in
the
fund
24
are
appropriated
to
the
secretary
of
state
for
purposes
of
25
modernizing
technology
used
by
the
secretary
of
state
to
26
fulfill
the
duties
of
office.
27
2.
On
and
after
For
the
fiscal
year
beginning
July
1,
2022
28
2025
,
and
for
each
fiscal
year
thereafter,
any
unobligated
or
29
unencumbered
moneys
remaining
in
this
the
business
services
30
modernization
fund
are
appropriated
to
the
secretary
of
state
31
for
purposes
of
modernization
modernizing
operations
within
the
32
business
services
division
until
fully
expended
or
until
June
33
30,
2026,
whichever
occurs
first
.
34
3.
This
section
is
repealed
July
1,
2026.
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Sec.
3.
Section
9.15,
Code
2025,
is
amended
to
read
as
1
follows:
2
9.15
Expedited
filing
service
——
surcharge.
3
1.
Upon
the
request
of
the
filer
of
a
document,
the
4
secretary
shall
provide
an
expedited
filing
service.
As
part
5
of
the
service,
the
secretary
shall
file
a
document
submitted
6
by
a
filer
on
an
expedited
basis.
7
2.
The
secretary
shall
implement,
assess,
and
collect
a
8
surcharge
for
providing
the
expedited
filing
service
based
on
9
the
period
of
service
as
follows:
10
a.
For
a
one-hour
service,
the
surcharge
shall
be
two
11
hundred
fifty
dollars.
12
b.
For
a
same-day
service,
the
surcharge
shall
be
one
13
hundred
seventy-five
dollars.
14
c.
For
a
two-day
service,
the
surcharge
shall
be
fifty
15
dollars.
16
b.
d.
For
a
five-day
service,
the
surcharge
shall
be
17
fifteen
dollars.
18
3.
The
surcharge
shall
be
added
to
the
amount
of
the
fee
19
implemented,
assessed,
and
collected
for
the
actual
filing
of
20
the
document.
21
4.
At
the
time
of
the
expedited
filing,
the
secretary
shall
22
provide
written
confirmation
of
the
filing.
23
4.
5.
Any
moneys
collected
by
the
secretary
under
this
24
section
shall
be
deposited
in
the
business
administration
fund
25
created
in
section
9.13
.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
GENERAL.
This
bill
amends
several
sections
in
Code
chapter
30
9
that
provides
for
the
collection
of
fees
by
the
secretary
of
31
state
(secretary)
and
the
appropriation
of
moneys
from
certain
32
funds
under
the
control
of
the
secretary
of
state
to
support
33
of
the
office.
34
BUSINESS
SERVICES
MODERNIZATION.
Code
section
9.4
requires
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the
secretary
to
collect
all
fees
directed
to
be
collected
1
by
the
secretary.
This
includes
a
special
fee
imposed
by
2
the
secretary
for
providing
a
copy
of
a
law
or
record.
The
3
secretary
is
authorized
to
determine
the
amount
of
the
special
4
fee
by
rule.
The
bill
amends
that
section
by
authorizing
5
the
secretary
to
adopt
by
rule
additional
fee
amounts
to
be
6
imposed
and
collected
by
the
secretary.
For
each
fiscal
7
year
beginning
on
or
after
July
1,
2025,
the
secretary
8
cannot
collect
more
than
$2
million
in
such
additional
fee
9
amounts.
The
fee
amounts
are
to
be
deposited
in
the
technology
10
modernization
fund
created
in
Code
section
9.4A.
Moneys
in
the
11
fund
are
appropriated
to
the
secretary
of
state
for
purposes
12
of
modernizing
technology
used
by
the
secretary
to
fulfill
13
the
duties
of
office.
The
Code
section
is
repealed
on
July
14
1,
2026.
The
bill
renames
the
fund
to
the
business
services
15
modernization
fund
and
revises
its
purpose.
Under
the
bill,
16
for
each
fiscal
year
beginning
on
or
after
July
1,
2025,
moneys
17
in
the
fund
are
appropriated
to
the
secretary
for
purposes
of
18
modernizing
operations
within
the
business
services
division.
19
The
bill
eliminates
the
repeal.
20
BUSINESS
ADMINISTRATION.
The
bill
amends
a
provision
21
enacted
in
2021
Iowa
Acts,
chapter
165,
section
253,
which
22
requires
the
secretary
to
establish
and
administer
programs
23
providing
extra
services
to
filers
of
documents
under
a
number
24
of
Code
sections
regulating
business
entities.
Code
section
25
9.15
requires
the
secretary
to
offer
a
service
in
which
26
a
business
document
is
filed
on
an
expedited
basis.
This
27
includes
two
additional
surcharges
for
expedited
services:
28
for
a
two-day
service,
an
additional
$50,
and
for
a
five-day
29
service,
an
additional
$15.
Moneys
collected
from
the
30
surcharges
are
deposited
in
the
business
administration
fund
31
(fund)
created
in
the
same
Act
(Code
section
9.13).
Moneys
in
32
the
fund
are
appropriated
to
the
office
of
the
secretary
for
33
the
exclusive
purpose
of
administering
business
organization
34
statutes
(Code
Title
XII).
The
specific
business
entities
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include
partnerships
(Code
section
486A.105A),
limited
1
partnerships
(Code
section
488.206A),
limited
liability
2
companies
(Code
section
489.122A),
for-profit
corporations
3
(Code
section
490.120A),
other
corporations
for
pecuniary
4
profit
(Code
section
491.5A),
traditional
modern
cooperative
5
associations
(Code
section
499.44A),
closed
cooperatives
6
(Code
section
501.105A),
cooperatives
organized
under
the
7
Iowa
cooperative
associations
Act
(Code
section
501A.201A),
8
and
nonprofit
corporations
(Code
section
504.111A).
The
bill
9
provides
two
additional
surcharges
for
such
services:
for
a
10
one-hour
service,
an
additional
$250,
and
for
same-day
service,
11
an
additional
$175.
At
the
time
of
the
expedited
filing,
the
12
secretary
must
provide
a
written
confirmation
of
an
expedited
13
filing.
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