BILL NUMBER: AB 2641	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 23, 2012
	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
the Internet Web site to contain direct links to information on the
incorporation, registration, and renewal requirements of specified
state agencies.  The bill would require specified state agencies
to provide  accurate and updated information about their
requirements   the direct links to the information to
the office  , and would prohibit a state agency from using this
Internet Web site as the exclusive source of information that it
provides to the public  on its requirements for nonprofit
corporations  .
   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  direct links to  information on the incorporation,
registration, and renewal requirements of 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,
 direct links to each agency under subdivision (a) that provides
 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.
   (c) The office shall ensure that the Internet Web site is user
friendly and provides accurate and updated information.
   (d) (1)  Each state agency 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 direct links to the information described in
subdivision (b)  . 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.