Senate File 102 - Introduced





                                   SENATE FILE       
                                   BY  McKINLEY, HAMERLINCK, REYNOLDS,
                                       WIECK, BEHN, HARTSUCH, KAPUCIAN,
                                       FEENSTRA, HAHN, BOETTGER, NOBLE,
                                       WARD, BARTZ, HOUSER, and
                                       SEYMOUR


    Passed Senate, Date               Passed House,  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 1732XS 83
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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 website as required under chapter 8G, division I, and
  1  6 to develop and make available to the public a searchable tax
  1  7 rate database website as required under chapter 8G, division
  1  8 II.
  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, and the results achieved for all taxpayer
  1 20 investments in state government.
  1 21    Sec. 3.  NEW SECTION.  8G.2  SHORT TITLE.
  1 22    This division shall be known as and may be cited as the
  1 23 "Taxpayer Transparency Act".
  1 24    Sec. 4.  NEW SECTION.  8G.3  DEFINITIONS.
  1 25    As used in this division, unless the context otherwise
  1 26 requires:
  1 27    1.  "Agency" means a state department, office, board,
  1 28 commission, bureau, division, institution, or public
  1 29 institution of higher education.  "Agency" includes individual
  1 30 state agencies and programs, as well as those programs and
  1 31 activities that are administered by or involve more than one
  1 32 agency.  "Agency" includes all elective offices in the
  1 33 executive branch of government and the general assembly.
  1 34    2.  "Director" means the director of the department of
  1 35 management.
  2  1    3.  "Entity" or "recipients" means any of the following:
  2  2    a.  A corporation.
  2  3    b.  An association.
  2  4    c.  An employee union.
  2  5    d.  A limited liability company.
  2  6    e.  A limited liability partnership.
  2  7    f.  Any other legal business entity, including nonprofit
  2  8 entities.
  2  9    g.  A grant recipient.
  2 10    h.  Contractors.
  2 11    i.  A county, city, school district, or other local
  2 12 government entity.
  2 13    "Entity" or "recipients" does not include an individual
  2 14 recipient of state assistance.
  2 15    4.  "Funding action or expenditure" includes details on the
  2 16 type of spending that is provided including but not limited to
  2 17 grants, contracts, and appropriations.  "Funding action or
  2 18 expenditure" includes tax exemptions or credits.  Where
  2 19 possible, an electronic link to the actual grants or contracts
  2 20 shall be provided.  An electronic link shall be in a format
  2 21 that is a searchable document.
  2 22    5.  "Funding source" means the state account or fund from
  2 23 which the expenditure is appropriated.
  2 24    6.  "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 section 8G.4 and that is in
  2 27 a format capable of being downloaded.
  2 28    7.  "State audit or report" shall include any audit or
  2 29 report issued by the auditor of state, department of
  2 30 management, legislative services agency, legislative
  2 31 committee, or executive body relating to the entity or
  2 32 recipient of funds, the budget program or activity, or agency.
  2 33    Sec. 5.  NEW SECTION.  8G.4  SEARCHABLE BUDGET DATABASE
  2 34 WEBSITE CREATED.
  2 35    1.  By January 1, 2011, the director shall develop and make
  3  1 publicly available a database website for searching,
  3  2 accessing, and processing data, including the data required in
  3  3 this section, for the most recent state budget.  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 and
  3 11 compile information for all of the following:
  3 12    a.  Name and principal location or residence of the entity
  3 13 or recipient of state funds.
  3 14    b.  Amount of state funds expended.
  3 15    c.  Funding or expending agency.
  3 16    d.  Funding source of the revenue expended.
  3 17    e.  Budget program or activity of the expenditure.
  3 18    f.  Descriptive purpose for the funding action or
  3 19 expenditure.
  3 20    g.  Expected performance outcome for the funding action or
  3 21 expenditure.
  3 22    h.  Past performance outcomes achieved for the funding
  3 23 action or expenditure.
  3 24    i.  State audit or report relating to the entity or
  3 25 recipient of state funds or the budget program or activity or
  3 26 agency.
  3 27    j.  Any other relevant information specified by the
  3 28 director.
  3 29    Sec. 6.  NEW SECTION.  8G.5  WEBSITE UPDATES.
  3 30    1.  Effective July 1, 2011, the searchable website shall be
  3 31 updated for each fiscal year not later than thirty days
  3 32 following the close of the fiscal year.  In addition, the
  3 33 director may update the searchable website as new data becomes
  3 34 available.  All agencies shall provide to the director data
  3 35 that is required to be included in the searchable website not
  4  1 later than thirty days after the data becomes available to the
  4  2 agency.  The director shall provide guidance to agency heads
  4  3 or the governing body of an agency to ensure compliance with
  4  4 this section.
  4  5    2.  By January 1, 2012, the director shall add data for the
  4  6 previous budgets to the searchable website.  Data for previous
  4  7 fiscal years may be added as it becomes available and as time
  4  8 permits.  The director shall ensure that all data added to the
  4  9 searchable website remain accessible to the public for a
  4 10 minimum of ten years.
  4 11    Sec. 7.  NEW SECTION.  8G.6  NONCOMPLIANCE.
  4 12    The director shall not be considered in compliance with
  4 13 this division if the data required for the searchable website
  4 14 is not available in a searchable manner and capable of being
  4 15 compiled or the public is redirected to other government
  4 16 websites unless each of those sites has information from all
  4 17 agencies and each category of information required can be
  4 18 searched electronically by field in a single search.
  4 19                           DIVISION II
  4 20                  SEARCHABLE TAX RATE DATABASE
  4 21    Sec. 8.  NEW SECTION.  8G.10  INTENT == FINDINGS.
  4 22    The general assembly finds that increasing the ease of
  4 23 public access to state and local tax rates, particularly where
  4 24 the rates are currently available from disparate government
  4 25 sources but are difficult for the public to collect and
  4 26 efficiently aggregate, significantly contributes to
  4 27 governmental accountability, public participation, and the
  4 28 understanding of the cost of government services.  Therefore,
  4 29 it is the intent of the general assembly to direct the
  4 30 department of management, in consultation with the department
  4 31 of revenue, to create and maintain a searchable database
  4 32 website of each tax rate for all taxing districts in the state
  4 33 to make citizen access to state and local tax rates as open,
  4 34 transparent, and publicly accessible as is feasible.
  4 35    Sec. 9.  NEW SECTION.  8G.11  SHORT TITLE.
  5  1    This division shall be known and cited as the "Taxation
  5  2 Disclosure Act".
  5  3    Sec. 10.  NEW SECTION.  8G.12  TAX RATE DATABASE.
  5  4    1.  SEARCHABLE TAX RATE DATABASE.  By January 1, 2010, the
  5  5 department of management, in consultation with the department
  5  6 of revenue, shall make publicly available on an internet site
  5  7 a searchable database of all tax rates in the state for each
  5  8 taxing jurisdiction.  The information shall be aggregated by
  5  9 type of tax and accessible by entering a zip code or physical
  5 10 address for each residency or business.  Individual tax levies
  5 11 shall be further specified within each tax rate.
  5 12    2.  GEOGRAPHICAL TAX RATE MAP.  In addition to searching
  5 13 for tax rates by zip code or physical address for each
  5 14 residency or business, searches shall be accommodated by a
  5 15 geographical tax rate map of the state that is capable of
  5 16 being displayed with a level of specificity corresponding to
  5 17 each taxing district.
  5 18    3.  INDIVIDUAL TAX RATE CALCULATOR.  Tax rate calculators
  5 19 shall be provided on the searchable database to allow citizens
  5 20 and businesses to calculate taxes based on the location of the
  5 21 citizen or business.  Calculation capability shall be provided
  5 22 at a minimum for property, sales, use, income, vehicle, and
  5 23 business taxes and shall be specific to the rate for the
  5 24 taxing district identified by the citizen or business.
  5 25    Sec. 11.  NEW SECTION.  8G.13  UPDATING DATABASE.
  5 26    To facilitate the department of management's efforts in
  5 27 creating and maintaining a searchable database of the taxes
  5 28 identified in section 8G.12, subsection 3, for all taxing
  5 29 districts in the state, every taxing district shall report its
  5 30 tax rates annually to the department of management and shall
  5 31 report any changes to its tax rates within thirty days of the
  5 32 change.
  5 33    Sec. 12.  CODE EDITOR DIRECTIVE.  Unless otherwise
  5 34 determined by the Iowa Code editor, sections 8G.1 through
  5 35 8G.6, as enacted in this Act, shall be designated as division
  6  1 I of chapter 8G, and sections 8G.10 through 8G.13, as enacted
  6  2 in this Act, shall be designated as division II of chapter 8G.
  6  3                           EXPLANATION
  6  4    This bill enacts new Code chapter 8G which is divided into
  6  5 two separate divisions.  Division I of the Code chapter
  6  6 requires the department of management to develop and make
  6  7 available to the public by January 1, 2011, a single,
  6  8 searchable budget database website.  This website would allow
  6  9 the public at no cost to search an aggregated database that
  6 10 would provide the names and principal location or residence of
  6 11 recipients of state funds, amount of funds expended, the
  6 12 agency that provided those funds, the program or activity of
  6 13 the expenditure, description of the purpose of the
  6 14 expenditure, expected and past outcomes of funding actions or
  6 15 expenditures, state audits relating to expenditures, and other
  6 16 relevant information.  The bill specifies that "recipient"
  6 17 does not include an individual recipient of state assistance.
  6 18    The division provides that, effective July 1, 2011, the
  6 19 website is to be updated within 30 days of the end of each
  6 20 fiscal year.  By January 1, 2012, data is to be added for
  6 21 previous fiscal years.
  6 22    Division II of the new chapter requires the department of
  6 23 management, in consultation with the department of revenue, by
  6 24 January 1, 2010, to develop and operate on an internet site a
  6 25 searchable database of all the tax rates in the state for each
  6 26 taxing district.  The database shall include the capability to
  6 27 calculate tax rates for different taxing districts.
  6 28 LSB 1732XS 83
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