Fee increase to fund technology modernization fund—sunset provision, 2.3
SECRETARY OF STATE
Adopted and Filed
Rule making related to fee for technology modernization fund
The Secretary of State hereby amends Chapter 2, "Rules of Practice," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 17A.4 and 2017 Iowa Acts, Senate File 516, section 23.
State or Federal Law Implemented
This rule making implements, in whole or in part, 2017 Iowa Acts, Senate File 516, section 23.
Purpose and Summary
This amendment is necessary because the General Assembly enacted 2017 Iowa Acts, Senate File 516. The Secretary of State determined that as a result of this newly enacted law, the following amendment is necessary to fund the Technology Modernization Fund within the Secretary of State's office. Previously, ARC 3467C (IAB 11/22/17) made updates to various chapters under the Secretary of State's administrative rules, including rule 721—2.3(631) and Chapters 30 and 40. This amendment will harmonize the language found in subrule 2.3(5) for fee increases with the sunset and limiting provisions adopted in ARC 3467C.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 20, 2017, as ARC 3518C. One comment was received from a constituent asking for clarification about the relationship between ARC 3518C and ARC 3467C. The Secretary of State's office responded and received no follow-up comments. No requests for a public hearing were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Secretary of State on January 24, 2018.
This rule making has no fiscal impact to the State of Iowa.
After analysis and review of this rule making, no impact on jobs has been found.
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary for a waiver of the discretionary provisions, if any.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
This rule making will become effective on March 21, 2018.
The following rule-making action is adopted:
Amend rule 721—2.3(631) as follows:
721—2.3(9,631) Payment for services. The secretary of state may approve accounts to be used for the payment of services provided by the secretary of state. A user of a service provided by the secretary of state may make payment for the service by authorizing a charge to be made upon an account held by the user.
2.3(1) The secretary of state may prescribe and furnish forms for the purpose of authorizing a charge to be made upon an account. The secretary of state may refuse to charge an account for service requested without the appropriate form.
2.3(2) Application for account. Application for an account shall be made upon a form prescribed and furnished by the secretary of state. The account holder is subject to the terms and conditions contained in the application. The secretary of state reserves the right to adopt changes to the terms and conditions of the account. The secretary of state reserves the right to close a delinquent account.
2.3(3) Account holders will receive a monthly statement of account. The statement will include, for each transaction, the date and amount of the transaction. A transaction may include more than one filing fee.
2.3(4) Payment in full is due within 15 days of the date of the statement of account. An account is considered delinquent after the expiration of 30 days from the date of the statement of account. Interest and finance charges may be assessed on delinquent accounts in accordance with Iowa Code chapter 535.
2.3(5) An annual fee of $100 shall be paid by an account holder for the privilege of maintaining an account. The annual fee shall cover a 12-month period measured from the first day of the month in which the account is approved by the secretary of state. An account that is not delinquent one month prior to the expiration of the annual period shall be renewed upon the payment of the annual fee. The secretary of state shall charge the annual fee to the account on the statement of the account for the monthly period prior to the expiration date. The annual fee shall be used for the purpose of offsetting the expenses incurred by the secretary of state in maintaining the account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert to the amount authorized prior to July 1, 2017. Funds generated by the increase of this fee shall be exclusively used for improving business services technology.
2.3(6) Accounts maintained by the secretary of state prior to July 1, 1989, shall be terminated at the close of business on June 30, 1989, unless the holder of the account complies with subrule 2.3(5) and authorizes the secretary of state to continue the account by filing a renewal application on a form prescribed and furnished by the secretary of state.
2.3(7) The secretary of state shall assess a fee of $10 for the receipt of a document filed under Iowa Code section 631.4(1)"d."
[Filed 1/24/18, effective 3/21/18]
Editor's Note: For replacement pages for IAC, see IAC Supplement 2/14/18.