House File 410 - Introduced



                                  HOUSE FILE       
                                  BY  PALMER, THEDE, ANDERSON,
                                      KOESTER, GASKILL, KEARNS,
                                      WINCKLER, LENSING, MASCHER,
                                      WESSEL=KROESCHELL, FREVERT,
                                      REICHERT, ZIRKELBACH, SWAIM,
                                      T. OLSON, WENTHE, FICKEN,
                                      HEDDENS, SMITH, and WHITAKER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a searchable budget database website for the
  2    public to access the details of the expenditure of state tax
  3    revenues and tax expenditures and a searchable tax rate
  4    database for the public to access the details of each tax rate
  5    for all taxing districts in the state.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1958YH 83
  8 mg/sc/14

PAG LIN



  1  1    Section 1.  Section 8.6, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  9A.  BUDGET AND TAX RATE DATABASES.  To
  1  4 develop and make available to the public a searchable budget
  1  5 database as required under chapter 8G, division I, and to
  1  6 develop and make available to the public a searchable tax rate
  1  7 database as required under chapter 8G, division II and to make
  1  8 both databases available on the same website.
  1  9                           DIVISION I
  1 10          SEARCHABLE BUDGET DATABASE FOR STATE SPENDING
  1 11    Sec. 2.  NEW SECTION.  8G.1  INTENT == FINDINGS.
  1 12    The general assembly finds that taxpayers should be able to
  1 13 easily access the details on how the state is spending their
  1 14 tax dollars and the performance results achieved for those
  1 15 expenditures.  Therefore, it is the intent of the general
  1 16 assembly to direct the department of management to create and
  1 17 maintain a searchable budget database website detailing where
  1 18 tax dollars are expended, the purposes for which tax dollars
  1 19 are expended, the special interest tax credits allowed, and
  1 20 the results achieved for all taxpayer investments in state
  1 21 government.
  1 22    Sec. 3.  NEW SECTION.  8G.2  SHORT TITLE.
  1 23    This division shall be known as and may be cited as the
  1 24 "Openness Promotes Efficiency Now Act".
  1 25    Sec. 4.  NEW SECTION.  8G.3  DEFINITIONS.
  1 26    As used in this division, unless the context otherwise
  1 27 requires:
  1 28    1.  "Agency" means a state department, office, board,
  1 29 commission, bureau, division, institution, or public
  1 30 institution of higher education.  "Agency" includes individual
  1 31 state agencies and programs, as well as those programs and
  1 32 activities that are administered by or involve more than one
  1 33 agency.  "Agency" includes all elective offices in the
  1 34 executive branch of government and the general assembly.
  1 35    2.  "Director" means the director of the department of
  2  1 management.
  2  2    3.  "Entity" or "recipients" means any of the following:
  2  3    a.  A corporation.
  2  4    b.  An association.
  2  5    c.  An employee union.
  2  6    d.  A limited liability company.
  2  7    e.  A limited liability partnership.
  2  8    f.  Any other legal business entity, including nonprofit
  2  9 entities.
  2 10    g.  A grant recipient.
  2 11    h.  Contractors.
  2 12    i.  A county, city, school district, or other local
  2 13 government entity.
  2 14    "Entity" or "recipients" does not include an individual
  2 15 recipient of state assistance.
  2 16    4.  "Funding action or expenditure" includes details on the
  2 17 type of spending that is provided including but not limited to
  2 18 grants, contracts, and appropriations.  "Funding action or
  2 19 expenditure" includes tax exemptions or credits.  Where
  2 20 possible, an electronic link to the actual grants or contracts
  2 21 shall be provided.  An electronic link shall be in a format
  2 22 that is a searchable document.
  2 23    5.  "Funding source" means the state account or fund from
  2 24 which the expenditure is appropriated.
  2 25    6.  "Searchable website" means a website described in
  2 26 section 8G.4 that allows the public at no cost to search and
  2 27 compile information identified in sections 8G.4 and 8G.12 and
  2 28 that is in a format capable of being downloaded.
  2 29    7.  "State audit or report" shall include any audit or
  2 30 report issued by the auditor of state, department of
  2 31 management, legislative services agency, legislative
  2 32 committee, or executive body relating to the entity or
  2 33 recipient of state funds, the budget program or activity, or
  2 34 agency.
  2 35    Sec. 5.  NEW SECTION.  8G.4  SEARCHABLE BUDGET DATABASE
  3  1 WEBSITE CREATED.
  3  2    1.  By January 1, 2011, the director shall develop and make
  3  3 publicly available a database website for searching,
  3  4 accessing, and processing data, including the data required in
  3  5 this section, for the most recent state budget.  The website
  3  6 shall be developed in such a way that the information can be
  3  7 provided to other software applications, including internet
  3  8 software applications, in a manner and format that allows such
  3  9 software applications to access and interpret the data using
  3 10 the internal programming of the software applications.
  3 11    2.  The searchable website developed pursuant to this
  3 12 section shall allow the public at no cost to search, compile,
  3 13 and download information for all of the following:
  3 14    a.  Name and principal location or residence of the entity
  3 15 or recipient of state funds.
  3 16    b.  Amount of state funds expended.
  3 17    c.  Funding or expending agency.
  3 18    d.  Funding source of the revenue expended.
  3 19    e.  Budget program or activity of the expenditure.
  3 20    f.  Descriptive purpose for the funding action or
  3 21 expenditure.
  3 22    g.  Expected performance outcome for the funding action or
  3 23 expenditure.
  3 24    h.  Past performance outcomes achieved for the funding
  3 25 action or expenditure.
  3 26    i.  State audits or reports relating to the entity or
  3 27 recipient of state funds, the budget program or activity, or
  3 28 agency.
  3 29    j.  Any other relevant information specified by the
  3 30 director.
  3 31    3.  In addition to the information to be provided pursuant
  3 32 to subsection 2, there shall be provided on the searchable
  3 33 website all of the following:
  3 34    a.  A listing and description of special interest tax
  3 35 credits claimed for the individual income tax, corporate
  4  1 income tax, franchise tax, and insurance premiums tax.  A
  4  2 special interest tax credit is a tax credit for which fewer
  4  3 than twenty percent of the tax filers in the applicable tax
  4  4 category claim the tax credit.  For each category of tax the
  4  5 website shall list each of the special interest tax credits
  4  6 applicable to it, the total amount of that tax credit claimed,
  4  7 and the number of taxpayers claiming the tax credit.
  4  8    b.  The estimated cost to the state of each of the twenty
  4  9 sales tax exemptions that account for the largest dollar
  4 10 amount share of sales tax exemptions under section 423.3.  The
  4 11 cost of each exemption shall be listed by county and, in
  4 12 addition, stated as a per capita amount for each county.  This
  4 13 paragraph does not apply to the tax exemptions pursuant to
  4 14 section 423.3, subsections 2, 31, 39, 58, 73, and 85.
  4 15    4.  If the funding source of the revenue expended is the
  4 16 grow Iowa values fund created pursuant to section 15G.108,
  4 17 then in addition to any information provided pursuant to
  4 18 subsections 2 and 3, there shall be provided on the searchable
  4 19 website all of the following:
  4 20    a.  For financial assistance provided during the fiscal
  4 21 year, a listing, per recipient, of the number of jobs pledged
  4 22 and the number of jobs actually created.  The actual jobs
  4 23 created shall be adjusted throughout the year as new figures
  4 24 become available.
  4 25    b.  The total estimated cost to the state in addition to
  4 26 the amount of financial assistance awarded, including any
  4 27 administrative expenses of the agency or department
  4 28 administering the fund.
  4 29    c.  An allocation by state legislative district and county
  4 30 of the total amount of financial assistance awards and the
  4 31 number of job creations associated with such awards during the
  4 32 fiscal year.
  4 33    Sec. 6.  NEW SECTION.  8G.5  WEBSITE UPDATES.
  4 34    1.  Effective July 1, 2011, the searchable website shall be
  4 35 updated for each fiscal year not later than thirty days
  5  1 following the close of the fiscal year.  In addition, the
  5  2 director may update the searchable website as new data becomes
  5  3 available.  All agencies shall provide to the director data
  5  4 that is required to be included in the searchable website not
  5  5 later than thirty days after the data becomes available to the
  5  6 agency.  The director shall provide guidance to agency heads
  5  7 or the governing body of an agency to ensure compliance with
  5  8 this section.
  5  9    2.  By January 1, 2012, the director shall add data for the
  5 10 previous budgets to the searchable website.  Data for previous
  5 11 fiscal years may be added as it becomes available and as time
  5 12 permits.  The director shall ensure that all data added to the
  5 13 searchable website remain accessible to the public for a
  5 14 minimum of ten years.
  5 15    Sec. 7.  NEW SECTION.  8G.6  NONCOMPLIANCE.
  5 16    The director shall not be considered in compliance with
  5 17 this division if the data required for the searchable website
  5 18 is not available in a searchable manner and capable of being
  5 19 compiled and downloaded or if the public is redirected to
  5 20 other government websites unless each of those sites has
  5 21 information from all agencies and each category of information
  5 22 required can be searched electronically by field in a single
  5 23 search.
  5 24                           DIVISION II
  5 25                  SEARCHABLE TAX RATE DATABASE
  5 26    Sec. 8.  NEW SECTION.  8G.10  INTENT == FINDINGS.
  5 27    The general assembly finds that increasing the ease of
  5 28 public access to state and local tax rates, particularly when
  5 29 the rates are currently available from disparate government
  5 30 sources but are difficult for the public to collect and
  5 31 efficiently aggregate, significantly contributes to
  5 32 governmental accountability, public participation, and the
  5 33 understanding of the cost of government services.  Therefore,
  5 34 it is the intent of the general assembly to direct the
  5 35 department of management, in consultation with the department
  6  1 of revenue, to create and maintain a searchable database
  6  2 detailing each tax rate for all taxing districts in the state
  6  3 to make citizen access to information on state and local tax
  6  4 rates as open, transparent, and publicly accessible as is
  6  5 feasible.
  6  6    Sec. 9.  NEW SECTION.  8G.11  SHORT TITLE.
  6  7    This division shall be known and cited as the "Government
  6  8 Accountability and Disclosure Act".
  6  9    Sec. 10.  NEW SECTION.  8G.12  TAX RATE DATABASE.
  6 10    1.  SEARCHABLE TAX RATE DATABASE.  By January 1, 2010, the
  6 11 department of management, in consultation with the department
  6 12 of revenue, shall make publicly available on the website
  6 13 created pursuant to section 8G.4 a searchable database of all
  6 14 tax rates in the state for each taxing jurisdiction.  The
  6 15 information shall be aggregated by type of tax and accessible
  6 16 by entering a zip code or physical address for each residence
  6 17 or business.  Individual tax levies shall be further specified
  6 18 within each tax rate.
  6 19    2.  GEOGRAPHICAL TAX RATE MAP.  In addition to searching
  6 20 for tax rates by zip code or physical address for each
  6 21 residence or business, searches shall be accommodated by a
  6 22 geographical tax rate map of the state that is capable of
  6 23 being displayed with a level of specificity corresponding to
  6 24 each taxing district.
  6 25    3.  INDIVIDUAL TAX RATE CALCULATOR.  Tax rate calculators
  6 26 shall be provided on the searchable database to allow citizens
  6 27 and businesses to calculate taxes based on the location of the
  6 28 citizen or business.  Calculation capability shall be provided
  6 29 at a minimum for property, sales, use, income, vehicle, and
  6 30 business taxes and shall be specific to the rate for the
  6 31 taxing district identified by the citizen or business.
  6 32    Sec. 11.  NEW SECTION.  8G.13  UPDATING DATABASE.
  6 33    To facilitate the department of management's efforts in
  6 34 creating and maintaining a searchable database of the taxes
  6 35 identified in section 8G.12, subsection 3, for all taxing
  7  1 districts in the state, every taxing district shall annually
  7  2 report its tax rates, and any change to the rates, to the
  7  3 department of revenue.  Within thirty days of receiving such
  7  4 information, the department shall report the tax rates, and
  7  5 any changes to the rates, to the department of management.
  7  6    Sec. 12.  CODE EDITOR DIRECTIVE.  Unless otherwise
  7  7 determined by the Iowa Code editor, sections 8G.1 through
  7  8 8G.6, as enacted in this Act, shall be designated as division
  7  9 I of chapter 8G, and sections 8G.10 through 8G.13, as enacted
  7 10 in this Act, shall be designated as division II of chapter 8G.
  7 11                           EXPLANATION
  7 12    This bill enacts new Code chapter 8G which is divided into
  7 13 two separate divisions.  Division I of the Code chapter
  7 14 requires the department of management to develop and make
  7 15 available to the public by January 1, 2011, a single,
  7 16 searchable budget database website.  This website would allow
  7 17 the public at no cost to search, compile, and download an
  7 18 aggregated database that would provide the names and principal
  7 19 location or residence of recipients of state funds, amount of
  7 20 funds expended, the agency that provided those funds, the
  7 21 program or activity of the expenditure, description of the
  7 22 purpose of the expenditure, expected and past outcomes of
  7 23 funding actions or expenditures, state audits relating to
  7 24 expenditures, and other relevant information.  The division
  7 25 specifies that "recipient" does not include an individual
  7 26 recipient of state assistance.
  7 27    The division also requires the searchable database to
  7 28 include a listing of special interest tax credits and the
  7 29 amount claimed under the individual and corporate income,
  7 30 franchise, and insurance premiums taxes.  A listing of the
  7 31 costs of the 20 sales tax exemptions accounting for the
  7 32 largest dollar amount share of exemptions and a breakdown of
  7 33 these by county.  Information on financial assistance awarded
  7 34 from the grow Iowa values fund is also to be provided,
  7 35 specifying the jobs pledged and the jobs created along with a
  8  1 breakdown of financial assistance awards and jobs created by
  8  2 state legislative district and county.
  8  3    The division provides that, effective July 1, 2011, the
  8  4 website is to be updated within 30 days of the end of each
  8  5 fiscal year.  By January 1, 2012, data is to be added for
  8  6 previous fiscal years.
  8  7    Division II of new Code chapter 8G requires the department
  8  8 of management, in consultation with the department of revenue,
  8  9 by January 1, 2010, to develop and operate on the website a
  8 10 searchable database of all the tax rates in the state for each
  8 11 taxing district.  The database shall include the capability to
  8 12 calculate tax rates for different taxing districts.
  8 13 LSB 1958YH 83
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