Senate Study Bill 1003 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON SCHULTZ)
A BILL FOR
1 An Act providing for an expedited filing service for filers of
2 business documents administered by the secretary of state,
3 and providing fees.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 9.15, Code 2025, is amended to read as
2 follows:
3 9.15 Expedited filing service —— surcharge.
4 1. Upon the request of the filer of a document, the
5 secretary shall provide an expedited filing service. As part
6 of the service, the secretary shall file a document submitted
7 by a filer on an expedited basis.
8 2. The secretary shall implement, assess, and collect a
9 surcharge for providing the expedited filing service based on
10 the period of service as follows:
11 a. For a one-hour service, the surcharge shall be two
12 hundred fifty dollars.
13 b. For a same-day service, the surcharge shall be one
14 hundred seventy-five dollars.
15 c. For a two-day service, the surcharge shall be fifty
16 dollars.
17 b. d. For a five-day service, the surcharge shall be
18 fifteen dollars.
19 3. The surcharge shall be added to the amount of the fee
20 implemented, assessed, and collected for the actual filing of
21 the document.
22 4. At the time of the expedited filing, the secretary shall
23 provide written confirmation of the filing.
24 4. 5. Any moneys collected by the secretary under this
25 section shall be deposited in the business administration fund
26 created in section 9.13.
27 EXPLANATION
28 The inclusion of this explanation does not constitute agreement with
29 the explanation’s substance by the members of the general assembly.
30 BACKGROUND. This bill amends a provision enacted in 2021
31 Iowa Acts, chapter 165, section 253, which requires the
32 secretary of state (secretary) to establish and administer
33 programs providing extra services to filers of documents under
34 a number of Code sections regulating business entities. One
35 such provision (Code section 9.15) requires the secretary to
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1 offer a service in which a business document is filed on an
2 expedited basis. This includes two additional surcharges for
3 expedited services: for a two-day service, an additional
4 $50, and for a five-day service, an additional $15. Moneys
5 collected from the surcharges are deposited in the business
6 administration fund (fund) created in the same Act (Code
7 section 9.13). Moneys in the fund are appropriated to
8 the office of the secretary for the exclusive purpose of
9 administering business organization statutes (Code Title
10 XII). The specific business entities include partnerships
11 (Code section 486A.105A), limited partnerships (Code section
12 488.206A), limited liability companies (Code section 489.122A),
13 for-profit corporations (Code section 490.120A), other
14 corporations for pecuniary profit (Code section 491.5A),
15 traditional modern cooperative associations (Code section
16 499.44A), closed cooperatives (Code section 501.105A),
17 cooperatives organized under the Iowa cooperative associations
18 Act (Code section 501A.201A), and nonprofit corporations (Code
19 section 504.111A).
20 BILL’S PROVISIONS. The bill provides two additional
21 surcharges for such services: for a one-hour service, an
22 additional $250, and for same-day service, an additional $175.
23 At the time of the expedited filing, the secretary must provide
24 a written confirmation of an expedited filing.
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Statutes affected:
Introduced: 9.15