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 8 14 mg/sc/14