Senate File 455 - Introduced





                                       SENATE FILE       
                                       BY  McKINLEY


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

                                      A BILL FOR

  1 An Act creating a small business advocate's office and a
  2    solutions to minimize unreasonable government committee and
  3    providing for an appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2449XS 83
  6 tw/rj/8

PAG LIN



  1  1    Section 1.  Section 2.42, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  17.  To appoint the small business
  1  4 advocate for a term of office ending June 30, 2015.
  1  5    Sec. 2.  NEW SECTION.  2E.1  OFFICE OF THE SMALL BUSINESS
  1  6 ADVOCATE ESTABLISHED.
  1  7    The office of the small business advocate is established as
  1  8 an agency of the legislative branch under the direction and
  1  9 control of the legislative council.
  1 10    Sec. 3.  NEW SECTION.  2E.2  APPOINTMENT == VACANCY AND
  1 11 REMOVAL == PROHIBITED ACTIVITIES.
  1 12    1.  The small business advocate shall be appointed by the
  1 13 legislative council as provided in section 2.42.  The small
  1 14 business advocate shall be a citizen of the United States and
  1 15 a resident of the state of Iowa, and shall be qualified to
  1 16 analyze problems of law, administration, public policy, and
  1 17 commerce especially as they relate to small business.
  1 18    2.  The legislative council shall fill a vacancy in the
  1 19 office in the same manner as the original appointment.
  1 20    3.  The small business advocate is not authorized to hire
  1 21 staff or employees.
  1 22    4.  The small business advocate may be removed at any time
  1 23 by the legislative council.
  1 24    5.  The small business advocate shall not do any of the
  1 25 following:
  1 26    a.  Hold another public office of trust or profit under the
  1 27 laws of this state other than the office of notary public.
  1 28    b.  Engage in other employment for remuneration with an
  1 29 agency or department of state government.
  1 30    c.  Be actively involved in partisan affairs.
  1 31    Sec. 4.  NEW SECTION.  2E.3  DUTIES.
  1 32    The small business advocate shall do all of the following:
  1 33    1.  Monitor the impact of government regulation on job
  1 34 growth in the state.
  1 35    2.  Collect data and compile reports on the impact of
  2  1 government regulation on job growth in the state.
  2  2    3.  Recommend to the legislative council policies and laws
  2  3 that promote a regulatory environment conducive to job growth,
  2  4 and particularly to the creation of jobs in small businesses
  2  5 across the state.
  2  6    4.  Advise the legislative council and the general assembly
  2  7 on the impacts that proposed legislation will have on the
  2  8 ability of employers to create and retain jobs.
  2  9    5.  On or before January 1 of each year, submit a report to
  2 10 the legislative council, the legislative services agency, the
  2 11 administrative rules review committee, and the general
  2 12 assembly.  The report shall include the small business
  2 13 advocate's recommendations for changes to law and public
  2 14 policy that will remove barriers to job growth in the state.
  2 15    Sec. 5.  NEW SECTION.  2E.4  INFORMATION FROM THE CITIZENS'
  2 16 AIDE.
  2 17    In investigating administrative actions, to the extent the
  2 18 citizens' aide becomes aware of a pattern of regulation
  2 19 evidencing actions or subjects described in section 2C.11, the
  2 20 citizens' aide shall inform the small business advocate of the
  2 21 pattern, and the small business advocate shall develop and
  2 22 recommend to the legislative council, the legislative services
  2 23 agency, the administrative rules review committee, and the
  2 24 general assembly changes in policy or law to address the
  2 25 pattern.
  2 26    Sec. 6.  NEW SECTION.  2E.5  SOLUTIONS TO MINIMIZE
  2 27 UNREASONABLE GOVERNMENT COMMITTEE.
  2 28    1.  The solutions to minimize unreasonable government
  2 29 committee is created with staffing provided by the legislative
  2 30 services agency.
  2 31    2.  The purpose of the committee is to review existing and
  2 32 proposed state statutes, administrative rules, and other
  2 33 agency requirements to consider whether the statutes, rules,
  2 34 or requirements impose or would impose unnecessary barriers to
  2 35 creating or maintaining private sector jobs.  The committee
  3  1 may issue reports to the general assembly at any time
  3  2 providing recommendations for revising or eliminating
  3  3 statutes, rules, or requirements as necessary to address such
  3  4 barriers.
  3  5    3.  The membership of the committee shall be appointed by
  3  6 the small business advocate to include the following:
  3  7    a.  Five voting members who represent Iowa small businesses
  3  8 from nominees provided by the Iowa office of the national
  3  9 federation of independent business.
  3 10    b.  Four voting members who represent a broad spectrum of
  3 11 Iowa businesses from nominees provided by the Iowa association
  3 12 of business and industry.
  3 13    4.  The terms of voting members, election of officers, and
  3 14 other procedural matters shall be as determined by the
  3 15 committee.  Voting members are not eligible for per diem or
  3 16 expenses incurred in connection with committee work.
  3 17    Sec. 7.  Section 15G.110, Code 2009, is amended to read as
  3 18 follows:
  3 19    15G.110  APPROPRIATION.
  3 20    1.  For the fiscal period beginning July 1, 2005, and
  3 21 ending June 30, 2008, and for the fiscal period beginning July
  3 22 1, 2010, and ending June 30, 2015, there is appropriated to
  3 23 the department of economic development each fiscal year fifty
  3 24 forty=nine million eight hundred fifty thousand dollars from
  3 25 the general fund of the state for deposit in the grow Iowa
  3 26 values fund.
  3 27    2.  For the fiscal period year beginning July 1, 2008 2009,
  3 28 and ending June 30, 2010, there is appropriated to the
  3 29 department of economic development each fiscal year fifty
  3 30 forty=nine million eight hundred fifty thousand dollars from
  3 31 the rebuild Iowa infrastructure fund for deposit in the grow
  3 32 Iowa values fund, notwithstanding section 8.57, subsection 6,
  3 33 paragraph "c".
  3 34    Sec. 8.  Section 15G.111, subsection 1, paragraph a,
  3 35 subparagraph (2), unnumbered paragraph 1, Code 2009, is
  4  1 amended to read as follows:
  4  2    For each fiscal year of the fiscal period beginning July 1,
  4  3 2009, and ending June 30, 2015, to the department of economic
  4  4 development thirty=two thirty=one million eight hundred fifty
  4  5 thousand dollars for the following programs administered by
  4  6 the department:
  4  7                           EXPLANATION
  4  8    This bill provides for the establishment of a small
  4  9 business advocate's office and a solutions to minimize
  4 10 unreasonable government committee.
  4 11    The office of the small business advocate is established as
  4 12 an agency of the legislative branch under the direction and
  4 13 control of the legislative council.
  4 14    The small business advocate is not authorized to hire staff
  4 15 or employees.  The small business advocate cannot hold another
  4 16 public office of trust or profit other than the office of
  4 17 notary public, engage in other employment for remuneration
  4 18 with an agency or department of state government, or be
  4 19 actively involved in partisan affairs.
  4 20    The duties of the small business advocate are to:
  4 21    1.  Monitor the impact of government regulation on job
  4 22 growth in the state.
  4 23    2.  Collect data and compile reports on the impact of
  4 24 government regulation on job growth in the state.
  4 25    3.  Recommend to the legislative council policies and laws
  4 26 that promote a regulatory environment conducive to job growth
  4 27 and particularly to the creation of jobs in small businesses
  4 28 across the state.
  4 29    4.  Advise the legislative council and the general assembly
  4 30 on the impacts that proposed legislation will have on the
  4 31 ability of employers to create and retain jobs.
  4 32    5.  On or before January 1 of each year, submit a report to
  4 33 the legislative council, the legislative services agency, the
  4 34 administrative rules review committee, and the general
  4 35 assembly.  The report shall include the small business
  5  1 advocate's recommendations for changes to law and public
  5  2 policy that will remove barriers to job growth in the state.
  5  3    The office of the citizens' aide (commonly called the
  5  4 ombudsman), has some duties that overlap with the concerns of
  5  5 the small business advocate.  In investigating administrative
  5  6 actions, to the extent the citizens' aide becomes aware of a
  5  7 pattern of regulation evidencing actions or subjects described
  5  8 in Code section 2C.11, the citizens' aide must inform the
  5  9 small business advocate of the pattern, and the small business
  5 10 advocate is directed to develop and recommend to the
  5 11 legislative council, the legislative services agency, the
  5 12 administrative rules review committee, and the general
  5 13 assembly changes in policy or law to address the pattern.
  5 14    The bill creates the solutions to minimize unreasonable
  5 15 government committee in the office of the small business
  5 16 advocate in new Code section 2E.5, to be staffed by the
  5 17 legislative services agency.
  5 18    The purpose of the committee is to review existing and
  5 19 proposed state statutes, administrative rules, and other
  5 20 agency requirements to consider whether the statutes, rules,
  5 21 or requirements impose or would impose unnecessary barriers to
  5 22 creating or maintaining private sector jobs.  The committee
  5 23 may issue reports to the general assembly at any time
  5 24 providing recommendations for revising or eliminating
  5 25 statutes, rules, or requirements as necessary to address such
  5 26 barriers.
  5 27    The committee consists of nine voting members appointed by
  5 28 the small business advocate from nominees provided by the Iowa
  5 29 office of the national federation of independent business and
  5 30 the Iowa association of business and industry.  The committee
  5 31 is authorized to determine the terms of voting members,
  5 32 election of officers, and other procedural matters.  Voting
  5 33 members are not eligible for per diem or expenses incurred in
  5 34 connection with committee work.
  5 35    The annual budget for the citizens' aide office is approved
  6  1 by the legislative council from the general assembly's
  6  2 standing appropriation from the state's general fund.  In
  6  3 order to free up state general fund moneys for any additional
  6  4 costs related to the designation of a deputy citizens' aide,
  6  5 the annual appropriation to the grow Iowa values fund is
  6  6 reduced by $150,000.
  6  7 LSB 2449XS 83
  6  8 tw/rj/8.2