House File 801 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON STATE GOVERNMENT

                                     (SUCCESSOR TO HF 74)


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

                                      A BILL FOR

  1 An Act relating to the establishment of a searchable budget
  2    database website for the public to access the details of the
  3    expenditure of state tax revenues 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 1732HV 83
  8 mg/sc/14

PAG LIN



  1  1    Section 1.  Section 8A.104, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  12A.  BUDGET AND TAX RATE DATABASES.
  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 administrative services
  1 17 to create and maintain a searchable budget database website
  1 18 detailing where tax dollars are expended, the purposes for
  1 19 which tax dollars are expended, the special interest tax
  1 20 credits allowed, and the results achieved for all taxpayer
  1 21 investments in state 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 the judicial branch of government.
  1 34 "Agency" includes all elective offices in the executive branch
  1 35 of government and the general assembly.
  2  1    2.  "Director" means the director of the department of
  2  2 administrative services.
  2  3    3.  "Entity" or "recipients" means any of the following:
  2  4    a.  A corporation.
  2  5    b.  An association.
  2  6    c.  An employee union.
  2  7    d.  A limited liability company.
  2  8    e.  A limited liability partnership.
  2  9    f.  Any other legal business entity, including nonprofit
  2 10 entities.
  2 11    g.  A grant recipient.
  2 12    h.  Contractors.
  2 13    i.  A county, city, school district, or other local
  2 14 government entity.
  2 15    "Entity" or "recipients" does not include an individual
  2 16 recipient of state assistance.
  2 17    4.  "Funding action or expenditure" includes details on the
  2 18 type of spending that is provided including but not limited to
  2 19 grants, contracts, and appropriations.  "Funding action or
  2 20 expenditure" includes tax exemptions or credits.  Where
  2 21 possible, an electronic link to the actual grants or contracts
  2 22 shall be provided.  An electronic link shall be in a format
  2 23 that is a searchable document.
  2 24    5.  "Searchable website" means a website described in
  2 25 section 8G.4 that allows the public at no cost to search and
  2 26 compile information identified in sections 8G.4 and 8G.12 and
  2 27 that is in a format capable of being downloaded.
  2 28    6.  "State audit or report" shall include any audit or
  2 29 report issued by the auditor of state.
  2 30    Sec. 5.  NEW SECTION.  8G.4  SEARCHABLE BUDGET DATABASE
  2 31 WEBSITE CREATED.
  2 32    1.  By January 1, 2011, the director shall develop and make
  2 33 publicly available a database website for searching,
  2 34 accessing, and processing data, including the data required in
  2 35 this section, for the most recent state budget.  The state
  3  1 budget for the fiscal year beginning July 1, 2009, shall
  3  2 include the expenditure of funds received through the federal
  3  3 American Recovery and Reinvestment Act of 2009.  The website
  3  4 shall be developed in such a way that the information can be
  3  5 provided to other software applications, including internet
  3  6 software applications, in a manner and format that allows such
  3  7 software applications to access and interpret the data using
  3  8 the internal programming of the software applications.
  3  9    2.  The searchable website developed pursuant to this
  3 10 section shall allow the public at no cost to search, compile,
  3 11 and download information for all of the following:
  3 12    a.  To the extent practicable and within the bounds of the
  3 13 confidentiality provisions, the identity of the entity or
  3 14 recipient of state expenditures.
  3 15    b.  Amount of annual revenues and expenditures for each
  3 16 agency's appropriations and funds.
  3 17    c.  Descriptive purpose for the funding or expenditure.
  3 18    d.  Performance results associated with the agency's
  3 19 activities.
  3 20    e.  Past performance results associated with the agency's
  3 21 activities.
  3 22    f.  State audits or reports relating to the entity or
  3 23 recipient of state funds, the budget program or activity, or
  3 24 agency.
  3 25    g.  Any other relevant information specified by the
  3 26 director.
  3 27    3.  In addition to the information to be provided pursuant
  3 28 to subsection 2, there shall be provided on the searchable
  3 29 website all of the following:
  3 30    a.  A listing and description of special interest tax
  3 31 credits claimed for the individual income tax, corporate
  3 32 income tax, franchise tax, and insurance premiums tax.  A
  3 33 special interest tax credit is a tax credit for which fewer
  3 34 than twenty percent of the tax filers in the applicable tax
  3 35 category claim the tax credit.  For each category of tax the
  4  1 website shall list each of the special interest tax credits
  4  2 applicable to it, the total amount of that tax credit claimed,
  4  3 and the number of taxpayers claiming the tax credit.
  4  4    b.  The estimated cost to the state of each of the twenty
  4  5 sales tax exemptions that account for the largest dollar
  4  6 amount share of sales tax exemptions under section 423.3.  The
  4  7 cost of each exemption shall be listed by county and, in
  4  8 addition, stated as a per capita amount for each county.  This
  4  9 paragraph does not apply to the tax exemptions pursuant to
  4 10 section 423.3, subsections 2, 31, 39, 58, 73, and 85.
  4 11    4.  If the funding source of the revenue expended is the
  4 12 grow Iowa values fund created pursuant to section 15G.108,
  4 13 then in addition to any information provided pursuant to
  4 14 subsections 2 and 3, there shall be provided on the searchable
  4 15 website all of the following:
  4 16    a.  For financial assistance provided during the fiscal
  4 17 year, a listing, per recipient, of the number of jobs pledged
  4 18 and the number of jobs actually created.  The actual jobs
  4 19 created shall be adjusted throughout the year as new figures
  4 20 become available.
  4 21    b.  The total estimated cost to the state in addition to
  4 22 the amount of financial assistance awarded, including any
  4 23 administrative expenses of the agency or department
  4 24 administering the fund.
  4 25    c.  An allocation by state legislative district and county
  4 26 of the total amount of financial assistance awards and the
  4 27 number of job creations associated with such awards during the
  4 28 fiscal year.
  4 29    5.  In providing data on tax exemptions or credits,
  4 30 confidentiality statutes of Iowa and federal law shall be
  4 31 adhered to.
  4 32    6.  The director shall provide a progress and
  4 33 implementation report to members of the senate and house
  4 34 committees on government oversight every ninety days with the
  4 35 first report due October 1, 2009.
  5  1    Sec. 6.  NEW SECTION.  8G.5  WEBSITE UPDATES.
  5  2    1.  Effective July 1, 2011, the searchable website shall be
  5  3 updated for each fiscal year not later than thirty days
  5  4 following the close of the fiscal year.  During the fiscal
  5  5 year beginning July 1, 2011, and each subsequent fiscal year,
  5  6 the director shall make a preliminary report for the fiscal
  5  7 year on the searchable website within thirty days following
  5  8 each quarter.  In addition, the director may update the
  5  9 searchable website as new data becomes available.  All
  5 10 agencies shall provide to the director data that is required
  5 11 to be included in the searchable website not later than thirty
  5 12 days after the data becomes available to the agency.  The
  5 13 director shall provide guidance to agency heads or the
  5 14 governing body of an agency to ensure compliance with this
  5 15 section.
  5 16    2.  By January 1, 2012, the director shall add data for the
  5 17 previous budgets to the searchable website.  Data for previous
  5 18 fiscal years may be added as it becomes available and as time
  5 19 permits.  The director shall ensure that all data added to the
  5 20 searchable website remain accessible to the public for a
  5 21 minimum of ten years.
  5 22    Sec. 7.  NEW SECTION.  8G.6  NONCOMPLIANCE.
  5 23    The director shall not be considered in compliance with
  5 24 this division if the data required for the searchable website
  5 25 is not available in a searchable manner and capable of being
  5 26 compiled and downloaded or if the public is redirected to
  5 27 other government websites unless each of those sites has
  5 28 information from all agencies and each category of information
  5 29 required can be searched electronically by field in a single
  5 30 search.
  5 31    Sec. 8.  NEW SECTION.  8G.7  EXECUTIVE ORDER TO IMPLEMENT.
  5 32    Nothing in this division shall be construed as preventing
  5 33 the governor from acting by executive order to implement any
  5 34 action authorized or required under this division.
  5 35                           DIVISION II
  6  1                  SEARCHABLE TAX RATE DATABASE
  6  2    Sec. 9.  NEW SECTION.  8G.10  INTENT == FINDINGS.
  6  3    The general assembly finds that increasing the ease of
  6  4 public access to state and local tax rates, particularly when
  6  5 the rates are currently available from disparate government
  6  6 sources but are difficult for the public to collect and
  6  7 efficiently aggregate, significantly contributes to
  6  8 governmental accountability, public participation, and the
  6  9 understanding of the cost of government services.  Therefore,
  6 10 it is the intent of the general assembly to direct the
  6 11 department of administrative services, in consultation with
  6 12 the department of revenue, to create and maintain a searchable
  6 13 database detailing each tax rate for all taxing districts in
  6 14 the state to make citizen access to information on state and
  6 15 local tax rates as open, transparent, and publicly accessible
  6 16 as is feasible.
  6 17    Sec. 10.  NEW SECTION.  8G.11  SHORT TITLE.
  6 18    This division shall be known and cited as the "Government
  6 19 Accountability and Disclosure Act".
  6 20    Sec. 11.  NEW SECTION.  8G.12  TAX RATE DATABASE.
  6 21    1.  SEARCHABLE TAX RATE DATABASE.  By January 1, 2010, the
  6 22 department of administrative services, in consultation with
  6 23 the department of revenue, shall make publicly available on
  6 24 the website created pursuant to section 8G.4 a searchable
  6 25 database of all tax rates in the state for each taxing
  6 26 jurisdiction.  The information shall be aggregated by type of
  6 27 tax and accessible by entering a zip code or physical address
  6 28 for each residence or business.  Individual tax levies shall
  6 29 be further specified within each tax rate.
  6 30    2.  GEOGRAPHICAL TAX RATE MAP.  In addition to searching
  6 31 for tax rates by zip code or physical address for each
  6 32 residence or business, searches shall be accommodated by a
  6 33 geographical tax rate map of the state that is capable of
  6 34 being displayed with a level of specificity corresponding to
  6 35 each taxing district.
  7  1    3.  INDIVIDUAL TAX RATE CALCULATOR.  Tax rate calculators
  7  2 shall be provided on the searchable database to allow citizens
  7  3 and businesses to calculate taxes based on the location of the
  7  4 citizen or business.  Calculation capability shall be provided
  7  5 at a minimum for property, sales, use, income, vehicle, and
  7  6 business taxes and shall be specific to the rate for the
  7  7 taxing district identified by the citizen or business.
  7  8    Sec. 12.  NEW SECTION.  8G.13  UPDATING DATABASE.
  7  9    To facilitate the department of administrative services'
  7 10 efforts in creating and maintaining a searchable database of
  7 11 the taxes identified in section 8G.12, subsection 3, for all
  7 12 taxing districts in the state, every taxing district shall
  7 13 annually report its tax rates, and any change to the rates, to
  7 14 the department of revenue.  Within thirty days of receiving
  7 15 such information, the department shall report the tax rates,
  7 16 and any changes to the rates, to the department of
  7 17 administrative services.
  7 18    Sec. 13.  CODE EDITOR DIRECTIVE.  Unless otherwise
  7 19 determined by the Iowa Code editor, sections 8G.1 through
  7 20 8G.7, as enacted in this Act, shall be designated as division
  7 21 I of chapter 8G, and sections 8G.10 through 8G.13, as enacted
  7 22 in this Act, shall be designated as division II of chapter 8G.
  7 23                           EXPLANATION
  7 24    This bill enacts new Code chapter 8G which is divided into
  7 25 two separate divisions.  Division I of the Code chapter
  7 26 requires the department of administrative services to develop
  7 27 and make available to the public by January 1, 2011, a single,
  7 28 searchable budget database website.  For the fiscal year
  7 29 beginning July 1, 2009, the database would include
  7 30 expenditures of federal funds received under the American
  7 31 Recovery and Reinvestment Act of 2009.  This website would
  7 32 allow the public at no cost to search, compile, and download
  7 33 an aggregated database that would provide, to the extent
  7 34 practicable, the identity of recipients of state funds, amount
  7 35 of annual revenues and expenditures for each agency's
  8  1 appropriations and funds, the descriptive purpose of the
  8  2 expenditure, performance results associated with the agency's
  8  3 activities and past performance results associated with such
  8  4 activities, state audits relating to the expenditures, and
  8  5 other relevant information.  The division specifies that
  8  6 "recipient" does not include an individual recipient of state
  8  7 assistance.
  8  8    The division also requires the searchable database to
  8  9 include a listing of special interest tax credits and the
  8 10 amount claimed under the individual and corporate income,
  8 11 franchise, and insurance premiums taxes.  A listing of the
  8 12 costs of the 20 sales tax exemptions accounting for the
  8 13 largest dollar amount share of exemptions and a breakdown of
  8 14 these by county is required to be provided.  Information on
  8 15 financial assistance awarded from the grow Iowa values fund is
  8 16 also to be provided, specifying the jobs pledged and the jobs
  8 17 created along with a breakdown of financial assistance awards
  8 18 and jobs created by state legislative district and county.
  8 19    The director of the department of administrative services
  8 20 is required to provide a progress and implementation report to
  8 21 the committees on government oversight every 90 days with the
  8 22 first report due October 1, 2009.
  8 23    The division provides that, effective July 1, 2011, the
  8 24 website is to be updated within 30 days of the end of each
  8 25 fiscal year.  By January 1, 2012, data is to be added for
  8 26 previous fiscal years.  Beginning with the fiscal year
  8 27 beginning July 1, 2011, the director is to make preliminary
  8 28 reports for the fiscal year following each quarter of the
  8 29 fiscal year.  A provision is included that states that nothing
  8 30 in the division is to be construed to prevent the governor
  8 31 from acting by executive order to implement any action
  8 32 authorized or required under the division.
  8 33    Division II of new Code chapter 8G requires the department
  8 34 of administrative services, in consultation with the
  8 35 department of revenue, by January 1, 2010, to develop and
  9  1 operate on the website a searchable database of all the tax
  9  2 rates in the state for each taxing district.  The database
  9  3 shall include the capability to calculate tax rates for
  9  4 different taxing districts.
  9  5 LSB 1732HV 83
  9  6 mg/sc/14