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