House Amendment 1102


PAG LIN




     1  1    Amend Senate File 98, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 8.6, Code 2009, is amended by
     1  6 adding the following new subsection:
     1  7    NEW SUBSECTION.  9A.  BUDGET AND TAX RATE
     1  8 DATABASES.  To develop and make available to the
     1  9 public a searchable budget database website as
     1 10 required under chapter 8G, division I, and to develop
     1 11 and make available to the public a searchable tax rate
     1 12 database website as required under chapter 8G,
     1 13 division II.>
     1 14 #2.  Page 2, by inserting after line 28 the
     1 15 following:
     1 16                       <DIVISION I
     1 17      SEARCHABLE BUDGET DATABASE FOR STATE SPENDING
     1 18    Sec.    .  NEW SECTION.  8G.1  INTENT == FINDINGS.
     1 19    The general assembly finds that taxpayers should be
     1 20 able to easily access the details on how the state is
     1 21 spending their tax dollars and the performance results
     1 22 achieved for those expenditures.  Therefore, it is the
     1 23 intent of the general assembly to direct the
     1 24 department of management to create and maintain a
     1 25 searchable budget database website detailing where tax
     1 26 dollars are expended, the purposes for which tax
     1 27 dollars are expended, and the results achieved for all
     1 28 taxpayer investments in state government.
     1 29    Sec.    .  NEW SECTION.  8G.2  SHORT TITLE.
     1 30    This division shall be known as and may be cited as
     1 31 the "Taxpayer Transparency Act".
     1 32    Sec.    .  NEW SECTION.  8G.3  DEFINITIONS.
     1 33    As used in this division, unless the context
     1 34 otherwise requires:
     1 35    1.  "Agency" means a state department, office,
     1 36 board, commission, bureau, division, institution, or
     1 37 public institution of higher education.  "Agency"
     1 38 includes individual state agencies and programs, as
     1 39 well as those programs and activities that are
     1 40 administered by or involve more than one agency.
     1 41 "Agency" includes all elective offices in the
     1 42 executive branch of government and the general
     1 43 assembly.
     1 44    2.  "Director" means the director of the department
     1 45 of management.
     1 46    3.  "Entity" or "recipients" means any of the
     1 47 following:
     1 48    a.  A corporation.
     1 49    b.  An association.
     1 50    c.  An employee union.
     2  1    d.  A limited liability company.
     2  2    e.  A limited liability partnership.
     2  3    f.  Any other legal business entity, including
     2  4 nonprofit entities.
     2  5    g.  A grant recipient.
     2  6    h.  Contractors.
     2  7    i.  A county, city, school district, or other local
     2  8 government entity.
     2  9    "Entity" or "recipients" does not include an
     2 10 individual recipient of state assistance.
     2 11    4.  "Funding action or expenditure" includes
     2 12 details on the type of spending that is provided
     2 13 including but not limited to grants, contracts, and
     2 14 appropriations.  "Funding action or expenditure"
     2 15 includes tax exemptions or credits.  Where possible,
     2 16 an electronic link to the actual grants or contracts
     2 17 shall be provided.  An electronic link shall be in a
     2 18 format that is a searchable document.
     2 19    5.  "Funding source" means the state account or
     2 20 fund from which the expenditure is appropriated.
     2 21    6.  "Searchable website" means a website described
     2 22 in section 8G.4 that allows the public at no cost to
     2 23 search and compile information identified in section
     2 24 8G.4 and that is in a format capable of being
     2 25 downloaded.
     2 26    7.  "State audit or report" shall include any audit
     2 27 or report issued by the auditor of state, department
     2 28 of management, legislative services agency,
     2 29 legislative committee, or executive body relating to
     2 30 the entity or recipient of funds, the budget program
     2 31 or activity, or agency.
     2 32    Sec.    .  NEW SECTION.  8G.4  SEARCHABLE BUDGET
     2 33 DATABASE WEBSITE CREATED.
     2 34    1.  By January 1, 2011, the director shall develop
     2 35 and make publicly available a database website for
     2 36 searching, accessing, and processing data, including
     2 37 the data required in this section, for the most recent
     2 38 state budget.  The website shall be developed in such
     2 39 a way that the information can be provided to other
     2 40 software applications, including internet software
     2 41 applications, in a manner and format that allows such
     2 42 software applications to access and interpret the data
     2 43 using the internal programming of the software
     2 44 applications.
     2 45    2.  The searchable website developed pursuant to
     2 46 this section shall allow the public at no cost to
     2 47 search and compile information for all of the
     2 48 following:
     2 49    a.  Name and principal location or residence of the
     2 50 entity or recipient of state funds.
     3  1    b.  Amount of state funds expended.
     3  2    c.  Funding or expending agency.
     3  3    d.  Funding source of the revenue expended.
     3  4    e.  Budget program or activity of the expenditure.
     3  5    f.  Descriptive purpose for the funding action or
     3  6 expenditure.
     3  7    g.  Expected performance outcome for the funding
     3  8 action or expenditure.
     3  9    h.  Past performance outcomes achieved for the
     3 10 funding action or expenditure.
     3 11    i.  State audit or report relating to the entity or
     3 12 recipient of state funds or the budget program or
     3 13 activity or agency.
     3 14    j.  Any other relevant information specified by the
     3 15 director.
     3 16    Sec.    .  NEW SECTION.  8G.5  WEBSITE UPDATES.
     3 17    1.  Effective July 1, 2011, the searchable website
     3 18 shall be updated for each fiscal year not later than
     3 19 thirty days following the close of the fiscal year.
     3 20 In addition, the director may update the searchable
     3 21 website as new data becomes available.  All agencies
     3 22 shall provide to the director data that is required to
     3 23 be included in the searchable website not later than
     3 24 thirty days after the data becomes available to the
     3 25 agency.  The director shall provide guidance to agency
     3 26 heads or the governing body of an agency to ensure
     3 27 compliance with this section.
     3 28    2.  By January 1, 2012, the director shall add data
     3 29 for the previous budgets to the searchable website.
     3 30 Data for previous fiscal years may be added as it
     3 31 becomes available and as time permits.  The director
     3 32 shall ensure that all data added to the searchable
     3 33 website remain accessible to the public for a minimum
     3 34 of ten years.
     3 35    Sec.    .  NEW SECTION.  8G.6  NONCOMPLIANCE.
     3 36    The director shall not be considered in compliance
     3 37 with this division if the data required for the
     3 38 searchable website is not available in a searchable
     3 39 manner and capable of being compiled or the public is
     3 40 redirected to other government websites unless each of
     3 41 those sites has information from all agencies and each
     3 42 category of information required can be searched
     3 43 electronically by field in a single search.
     3 44                       DIVISION II
     3 45              SEARCHABLE TAX RATE DATABASE
     3 46    Sec.    .  NEW SECTION.  8G.10  INTENT == FINDINGS.
     3 47    The general assembly finds that increasing the ease
     3 48 of public access to state and local tax rates,
     3 49 particularly where the rates are currently available
     3 50 from disparate government sources but are difficult
     4  1 for the public to collect and efficiently aggregate,
     4  2 significantly contributes to governmental
     4  3 accountability, public participation, and the
     4  4 understanding of the cost of government services.
     4  5 Therefore, it is the intent of the general assembly to
     4  6 direct the department of management, in consultation
     4  7 with the department of revenue, to create and maintain
     4  8 a searchable database website of each tax rate for all
     4  9 taxing districts in the state to make citizen access
     4 10 to state and local tax rates as open, transparent, and
     4 11 publicly accessible as is feasible.
     4 12    Sec.    .  NEW SECTION.  8G.11  SHORT TITLE.
     4 13    This division shall be known and cited as the
     4 14 "Taxation Disclosure Act".
     4 15    Sec.    .  NEW SECTION.  8G.12  TAX RATE DATABASE.
     4 16    1.  SEARCHABLE TAX RATE DATABASE.  By January 1,
     4 17 2010, the department of management, in consultation
     4 18 with the department of revenue, shall make publicly
     4 19 available on an internet site a searchable database of
     4 20 all tax rates in the state for each taxing
     4 21 jurisdiction.  The information shall be aggregated by
     4 22 type of tax and accessible by entering a zip code or
     4 23 physical address for each residency or business.
     4 24 Individual tax levies shall be further specified
     4 25 within each tax rate.
     4 26    2.  GEOGRAPHICAL TAX RATE MAP.  In addition to
     4 27 searching for tax rates by zip code or physical
     4 28 address for each residency or business, searches shall
     4 29 be accommodated by a geographical tax rate map of the
     4 30 state that is capable of being displayed with a level
     4 31 of specificity corresponding to each taxing district.
     4 32    3.  INDIVIDUAL TAX RATE CALCULATOR.  Tax rate
     4 33 calculators shall be provided on the searchable
     4 34 database to allow citizens and businesses to calculate
     4 35 taxes based on the location of the citizen or
     4 36 business.  Calculation capability shall be provided at
     4 37 a minimum for property, sales, use, income, vehicle,
     4 38 and business taxes and shall be specific to the rate
     4 39 for the taxing district identified by the citizen or
     4 40 business.
     4 41    Sec.    .  NEW SECTION.  8G.13  UPDATING DATABASE.
     4 42    To facilitate the department of management's
     4 43 efforts in creating and maintaining a searchable
     4 44 database of the taxes identified in section 8G.12,
     4 45 subsection 3, for all taxing districts in the state,
     4 46 every taxing district shall report its tax rates
     4 47 annually to the department of management and shall
     4 48 report any changes to its tax rates within thirty days
     4 49 of the change.
     4 50    Sec.    .  CODE EDITOR DIRECTIVE.  Unless otherwise
     5  1 determined by the Iowa Code editor, sections 8G.1
     5  2 through 8G.6, as enacted in this Act, shall be
     5  3 designated as division I of chapter 8G, and sections
     5  4 8G.10 through 8G.13, as enacted in this Act, shall be
     5  5 designated as division II of chapter 8G.>
     5  6 #3.  Title page, line 1, by inserting after the
     5  7 words <An Act> the following:  <concerning state
     5  8 government operations, by>.
     5  9 #4.  Title page, line 2, by inserting after the
     5 10 word <management> the following:  <and establishing a
     5 11 searchable budget database website for the public to
     5 12 access the details of the expenditure of state tax
     5 13 revenues and a searchable tax rate database for the
     5 14 public to access the details of each tax rate for all
     5 15 taxing districts in the state>.
     5 16 #5.  By renumbering as necessary.
     5 17
     5 18
     5 19                               
     5 20 STRUYK of Pottawattamie
     5 21 SF 98.301 83
     5 22 ec/rj/22162

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