Senate
File
228
-
Introduced
SENATE
FILE
228
BY
McKINLEY
A
BILL
FOR
An
Act
creating
a
small
business
advocate’s
office
and
a
1
solutions-to-minimize-unreasonable-government
committee
and
2
providing
for
an
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
2.42,
Code
2011,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
17.
To
appoint
the
small
business
advocate
3
for
a
term
of
office
ending
June
30,
2015.
4
Sec.
2.
NEW
SECTION
.
2E.1
Office
of
the
small
business
5
advocate
established.
6
The
office
of
the
small
business
advocate
is
established
as
7
an
agency
of
the
legislative
branch
under
the
direction
and
8
control
of
the
legislative
council.
9
Sec.
3.
NEW
SECTION
.
2E.2
Appointment
——
vacancy
and
10
removal
——
prohibited
activities.
11
1.
The
small
business
advocate
shall
be
appointed
by
the
12
legislative
council
as
provided
in
section
2.42.
The
small
13
business
advocate
shall
be
a
citizen
of
the
United
States
and
14
a
resident
of
the
state
of
Iowa,
and
shall
be
qualified
to
15
analyze
problems
of
law,
administration,
public
policy,
and
16
commerce
especially
as
they
relate
to
small
business.
17
2.
The
legislative
council
shall
fill
a
vacancy
in
the
18
office
in
the
same
manner
as
the
original
appointment.
19
3.
The
small
business
advocate
is
not
authorized
to
hire
20
staff
or
employees.
21
4.
The
small
business
advocate
may
be
removed
at
any
time
by
22
the
legislative
council.
23
5.
The
small
business
advocate
shall
not
do
any
of
the
24
following:
25
a.
Hold
another
public
office
of
trust
or
profit
under
the
26
laws
of
this
state
other
than
the
office
of
notary
public.
27
b.
Engage
in
other
employment
for
remuneration
with
an
28
agency
or
department
of
state
government.
29
c.
Be
actively
involved
in
partisan
affairs.
30
Sec.
4.
NEW
SECTION
.
2E.3
Duties.
31
The
small
business
advocate
shall
do
all
of
the
following:
32
1.
Monitor
the
impact
of
government
regulation
on
job
growth
33
in
the
state.
34
2.
Collect
data
and
compile
reports
on
the
impact
of
35
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228
government
regulation
on
job
growth
in
the
state.
1
3.
Recommend
to
the
legislative
council
policies
and
laws
2
that
promote
a
regulatory
environment
conducive
to
job
growth,
3
and
particularly
to
the
creation
of
jobs
in
small
businesses
4
across
the
state.
5
4.
Advise
the
legislative
council
and
the
general
assembly
6
on
the
impacts
that
proposed
legislation
will
have
on
the
7
ability
of
employers
to
create
and
retain
jobs.
8
5.
On
or
before
January
1
of
each
year,
submit
a
report
9
to
the
legislative
council,
the
legislative
services
agency,
10
the
administrative
rules
review
committee,
and
the
general
11
assembly.
The
report
shall
include
the
small
business
12
advocate’s
recommendations
for
changes
to
law
and
public
policy
13
that
will
remove
barriers
to
job
growth
in
the
state.
14
Sec.
5.
NEW
SECTION
.
2E.4
Information
from
the
citizens’
15
aide.
16
In
investigating
administrative
actions,
to
the
extent
17
the
citizens’
aide
becomes
aware
of
a
pattern
of
regulation
18
evidencing
actions
or
subjects
described
in
section
2C.11,
19
the
citizens’
aide
shall
inform
the
small
business
advocate
20
of
the
pattern,
and
the
small
business
advocate
shall
develop
21
and
recommend
to
the
legislative
council,
the
legislative
22
services
agency,
the
administrative
rules
review
committee,
and
23
the
general
assembly
changes
in
policy
or
law
to
address
the
24
pattern.
25
Sec.
6.
NEW
SECTION
.
2E.5
Solutions-to-minimize-
26
unreasonable-government
committee.
27
1.
The
solutions-to-minimize-unreasonable-government
28
committee
is
created
with
staffing
provided
by
the
legislative
29
services
agency.
30
2.
The
purpose
of
the
committee
is
to
review
existing
31
and
proposed
state
statutes,
administrative
rules,
and
other
32
agency
requirements
to
consider
whether
the
statutes,
rules,
33
or
requirements
impose
or
would
impose
unnecessary
barriers
to
34
creating
or
maintaining
private
sector
jobs.
The
committee
may
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228
issue
reports
to
the
general
assembly
at
any
time
providing
1
recommendations
for
revising
or
eliminating
statutes,
rules,
or
2
requirements
as
necessary
to
address
such
barriers.
3
3.
The
membership
of
the
committee
shall
be
appointed
by
the
4
small
business
advocate
to
include
the
following:
5
a.
Five
voting
members
who
represent
Iowa
small
businesses
6
from
nominees
provided
by
the
Iowa
office
of
the
national
7
federation
of
independent
business.
8
b.
Four
voting
members
who
represent
a
broad
spectrum
of
9
Iowa
businesses
from
nominees
provided
by
the
Iowa
association
10
of
business
and
industry.
11
4.
The
terms
of
voting
members,
election
of
officers,
12
and
other
procedural
matters
shall
be
as
determined
by
the
13
committee.
Voting
members
are
not
eligible
for
per
diem
or
14
expenses
incurred
in
connection
with
committee
work.
15
Sec.
7.
Section
15G.110,
Code
2011,
is
amended
to
read
as
16
follows:
17
15G.110
Appropriation.
18
1.
For
the
fiscal
period
beginning
July
1,
2005,
and
ending
19
June
30,
2008,
and
for
the
fiscal
period
beginning
July
1,
20
2011,
and
ending
June
30,
2015,
there
is
appropriated
to
the
21
department
of
economic
development
each
fiscal
year
fifty
22
forty-nine
million
eight
hundred
fifty
thousand
dollars
from
23
the
general
fund
of
the
state
for
deposit
in
the
grow
Iowa
24
values
fund.
25
2.
For
the
fiscal
period
beginning
July
1,
2008,
and
ending
26
June
30,
2011,
there
is
appropriated
to
the
department
of
27
economic
development
each
fiscal
year
fifty
forty-nine
million
28
eight
hundred
fifty
thousand
dollars
from
the
rebuild
Iowa
29
infrastructure
fund
for
deposit
in
the
grow
Iowa
values
fund,
30
notwithstanding
section
8.57,
subsection
6
,
paragraph
“c”
.
31
Sec.
8.
Section
15G.111,
subsection
3,
Code
2011,
is
amended
32
to
read
as
follows:
33
3.
Appropriation.
For
each
fiscal
year
of
the
fiscal
34
period
beginning
July
1,
2009,
and
ending
June
30,
2015,
there
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is
appropriated
from
the
fund
to
the
department
of
economic
1
development
for
purposes
of
making
expenditures
pursuant
to
2
this
chapter
fifty
forty-nine
million
eight
hundred
fifty
3
thousand
dollars.
4
Sec.
9.
Section
15G.111,
subsection
4,
unnumbered
paragraph
5
1,
Code
2011,
is
amended
to
read
as
follows:
6
Of
the
moneys
appropriated
to
the
department
pursuant
to
7
subsection
3
,
the
department
shall
allocate
twenty-eight
8
million
five
three
hundred
fifty
thousand
dollars
each
fiscal
9
year
as
follows:
10
EXPLANATION
11
This
bill
provides
for
the
establishment
of
a
small
business
12
advocate’s
office
and
a
solutions-to-minimize-unreasonable-
13
government
committee.
14
The
office
of
the
small
business
advocate
is
established
as
15
an
agency
of
the
legislative
branch
under
the
direction
and
16
control
of
the
legislative
council.
17
The
small
business
advocate
is
not
authorized
to
hire
staff
18
or
employees.
The
small
business
advocate
cannot
hold
another
19
public
office
of
trust
or
profit
other
than
the
office
of
20
notary
public,
engage
in
other
employment
for
remuneration
with
21
an
agency
or
department
of
state
government,
or
be
actively
22
involved
in
partisan
affairs.
23
The
duties
of
the
small
business
advocate
are
to:
24
1.
Monitor
the
impact
of
government
regulation
on
job
growth
25
in
the
state.
26
2.
Collect
data
and
compile
reports
on
the
impact
of
27
government
regulation
on
job
growth
in
the
state.
28
3.
Recommend
to
the
legislative
council
policies
and
laws
29
that
promote
a
regulatory
environment
conducive
to
job
growth
30
and
particularly
to
the
creation
of
jobs
in
small
businesses
31
across
the
state.
32
4.
Advise
the
legislative
council
and
the
general
assembly
33
on
the
impacts
that
proposed
legislation
will
have
on
the
34
ability
of
employers
to
create
and
retain
jobs.
35
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228
5.
On
or
before
January
1
of
each
year,
submit
a
report
1
to
the
legislative
council,
the
legislative
services
agency,
2
the
administrative
rules
review
committee,
and
the
general
3
assembly.
The
report
shall
include
the
small
business
4
advocate’s
recommendations
for
changes
to
law
and
public
policy
5
that
will
remove
barriers
to
job
growth
in
the
state.
6
The
office
of
the
citizens’
aide
(commonly
called
the
7
ombudsman),
has
some
duties
that
overlap
with
the
concerns
of
8
the
small
business
advocate.
In
investigating
administrative
9
actions,
to
the
extent
the
citizens’
aide
becomes
aware
10
of
a
pattern
of
regulation
evidencing
actions
or
subjects
11
described
in
Code
section
2C.11,
the
citizens’
aide
must
inform
12
the
small
business
advocate
of
the
pattern,
and
the
small
13
business
advocate
is
directed
to
develop
and
recommend
to
the
14
legislative
council,
the
legislative
services
agency,
the
15
administrative
rules
review
committee,
and
the
general
assembly
16
changes
in
policy
or
law
to
address
the
pattern.
17
The
bill
creates
the
solutions-to-minimize-unreasonable-
18
government
committee
in
the
office
of
the
small
business
19
advocate
in
new
Code
section
2E.5,
to
be
staffed
by
the
20
legislative
services
agency.
21
The
purpose
of
the
committee
is
to
review
existing
and
22
proposed
state
statutes,
administrative
rules,
and
other
23
agency
requirements
to
consider
whether
the
statutes,
rules,
24
or
requirements
impose
or
would
impose
unnecessary
barriers
to
25
creating
or
maintaining
private
sector
jobs.
The
committee
may
26
issue
reports
to
the
general
assembly
at
any
time
providing
27
recommendations
for
revising
or
eliminating
statutes,
rules,
or
28
requirements
as
necessary
to
address
such
barriers.
29
The
committee
consists
of
nine
voting
members
appointed
by
30
the
small
business
advocate
from
nominees
provided
by
the
Iowa
31
office
of
the
national
federation
of
independent
business
and
32
the
Iowa
association
of
business
and
industry.
The
committee
33
is
authorized
to
determine
the
terms
of
voting
members,
34
election
of
officers,
and
other
procedural
matters.
Voting
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228
members
are
not
eligible
for
per
diem
or
expenses
incurred
in
1
connection
with
committee
work.
2
The
annual
budget
for
the
small
business
advocate
is
3
approved
by
the
legislative
council
from
the
general
assembly’s
4
standing
appropriation
from
the
state’s
general
fund.
In
order
5
to
free
up
state
general
fund
moneys
for
any
additional
costs
6
related
to
the
appointment
of
a
small
business
advocate,
the
7
annual
appropriation
for
the
grow
Iowa
values
fund
is
reduced
8
by
$150,000.
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