BILL NUMBER: AB 2641	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 24, 2012

   An act  to add Section 12098.6 to the Government Code, 
relating to nonprofit corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2641, as amended, Skinner. Nonprofit corporations: 
required filings.   Int   ernet Web site. 

   Existing law provides for the organization and governance of
nonprofit public benefit corporations, nonprofit mutual benefit
corporations, and nonprofit religious corporations. Existing law
requires these corporations to prepare and file articles of
incorporation with the Secretary of State, and within 90 days of that
filing, and biennially thereafter, as specified, to file a form
prescribed by the secretary stating specified information regarding
certain officers, office location, and agent for service of process,
among other information. Existing law requires a charitable
corporation, as defined, to also file periodic written reports with
the Attorney General beginning within 4 months and 15 days following
the close of the first calendar or fiscal year in which it initially
receives property, setting forth information as to the nature of the
assets held for charitable purposes and the administration thereof.

   This bill would state the intent of the Legislature to enact
legislation that would require the secretary and the Attorney General
to cooperate with each other to designate a single form for these
purposes and to make that form available for the electronic filing.
 
   This bill would require the Governor's Office of Business and
Economic Development to post on its Internet Web site information to
assist an individual to start a nonprofit corporation and to assist
nonprofit corporations to achieve compliance with the state's
statutory and regulatory requirements. The bill would require a state
agency that has authority to regulate nonprofit corporations to
provide accurate and updated information about its requirements, and
would prohibit a state agency from using this Internet Web site as
the exclusive source of information that it provides to the public.
The bill would authorize the office to impose a reasonable fee upon
users of the Internet Web site. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12098.6 is added to the 
 Government Code  , to read:  
   12098.6.  (a) The office shall post all of the necessary
information on its Internet Web site to assist an individual to start
a nonprofit corporation in this state and to assist a nonprofit
corporation to achieve compliance with the state's statutory and
regulatory requirements. The Internet Web site shall contain
information on the requirements of state agencies, and shall include,
but not be limited to, information that does all of the following:
   (1) Assists individuals with identifying all state forms or
documents they may need.
   (2) Provides an electronic copy of all state forms and documents
available for download.
   (3) Instructs individuals on how and where to submit all state
forms and documents.
   (4) Assists nonprofit corporations with identifying the state's
statutory and regulatory requirements they must comply with to
maintain their status as a nonprofit corporation in this state.
   (b) The office shall ensure that the Internet Web site is user
friendly and provides accurate and updated information.
   (c) (1)  Each state agency that has authority to regulate
nonprofit corporations shall provide the office with accurate and
updated information about its requirements.
   (2) A state agency shall not use the Internet Web site established
under this section as the exclusive source of information that it
provides to the public on its requirements for nonprofit
corporations.
   (d) The office may impose a reasonable fee as a condition of
accessing information on the Internet Web site established under this
section.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would require the Secretary of State and
the Attorney General to cooperate with each other to designate a
single form for filing by a charitable corporation, as defined in
Section 12582.1 of the Government Code, in satisfaction of the filing
requirements pursuant to Sections 6210 and 8210 of the Corporations
Code and Section 12586 of the Government Code, and to make that form
available for electronic filing.