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. Forthe fiscal period beginning July 1, 2005, and 3 21 ending June 30, 2008, and forthe 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 yearfifty3 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 fiscalperiodyear beginning July 1,20082009, 3 28 and ending June 30, 2010, there is appropriated to the 3 29 department of economic developmenteach fiscal year fifty3 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 developmentthirty=twothirty=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