BILL NUMBER: AB 2641	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012
	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: Internet 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 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   specified  state  agency that
has authority to regulate nonprofit corporations  
agencies  to provide accurate and updated information about
 its   their  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: 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  incorporation, registration, and renewal
 requirements of  state agencies, and shall include, but
not be limited to, information that does  all of the
following  agencies  : 
   (1) The Employment Development Department.  
   (2) The Franchise Tax Board.  
   (3) The Internal Revenue Service.  
   (4) The Office of the Attorney General.  
   (5) The Office of the Secretary of the State.  
   (6) The State Board of Equalization.  
   (b) The Internet Web site 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  direct links to  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. 
   (5) Informs individuals to contact local agencies regarding local
requirements.  
   (b) 
    (c)  The office shall ensure that the Internet Web site
is user friendly and provides accurate and updated information.

   (c) 
    (d)  (1)  Each state agency  that has authority
to regulate nonprofit corporations     under
subdivision (a)  shall provide the office with accurate and
updated information about its requirements.  The office shall be
responsible for maintaining updated information on the requirements
of the Internal Revenue Service. The office may refer individuals to
the California Tax Service Center Internet   Web site. 

   (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.