SENATE FILE 228

BY  McKINLEY

A BILL FOR

An Act creating a small business advocate’s office and a solutions-to-minimize-unreasonable-government committee and providing for an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 2.42, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  17.  To appoint the small business advocate for a term of office ending June 30, 2015.
   Sec. 2.  NEW SECTION.  2E.1  Office of the small business advocate established.
   The office of the small business advocate is established as an agency of the legislative branch under the direction and control of the legislative council.
   Sec. 3.  NEW SECTION.  2E.2  Appointment —— vacancy and removal —— prohibited activities.
   1.  The small business advocate shall be appointed by the legislative council as provided in section 2.42. The small business advocate shall be a citizen of the United States and a resident of the state of Iowa, and shall be qualified to analyze problems of law, administration, public policy, and commerce especially as they relate to small business.
   2.  The legislative council shall fill a vacancy in the office in the same manner as the original appointment.
   3.  The small business advocate is not authorized to hire staff or employees.
   4.  The small business advocate may be removed at any time by the legislative council.
   5.  The small business advocate shall not do any of the following:
   a.  Hold another public office of trust or profit under the laws of this state other than the office of notary public.
   b.  Engage in other employment for remuneration with an agency or department of state government.
   c.  Be actively involved in partisan affairs.
   Sec. 4.  NEW SECTION.  2E.3  Duties.
   The small business advocate shall do all of the following:
   1.  Monitor the impact of government regulation on job growth in the state.
   2.  Collect data and compile reports on the impact of government regulation on job growth in the state.
   3.  Recommend to the legislative council policies and laws that promote a regulatory environment conducive to job growth, and particularly to the creation of jobs in small businesses across the state.
   4.  Advise the legislative council and the general assembly on the impacts that proposed legislation will have on the ability of employers to create and retain jobs.
   5.  On or before January 1 of each year, submit a report to the legislative council, the legislative services agency, the administrative rules review committee, and the general assembly. The report shall include the small business advocate’s recommendations for changes to law and public policy that will remove barriers to job growth in the state.
   Sec. 5.  NEW SECTION.  2E.4  Information from the citizens’ aide.
   In investigating administrative actions, to the extent the citizens’ aide becomes aware of a pattern of regulation evidencing actions or subjects described in section 2C.11, the citizens’ aide shall inform the small business advocate of the pattern, and the small business advocate shall develop and recommend to the legislative council, the legislative services agency, the administrative rules review committee, and the general assembly changes in policy or law to address the pattern.
   Sec. 6.  NEW SECTION.  2E.5  Solutions-to-minimize-

unreasonable-government committee.
   1.  The solutions-to-minimize-unreasonable-government committee is created with staffing provided by the legislative services agency.
   2.  The purpose of the committee is to review existing and proposed state statutes, administrative rules, and other agency requirements to consider whether the statutes, rules, or requirements impose or would impose unnecessary barriers to creating or maintaining private sector jobs. The committee may issue reports to the general assembly at any time providing recommendations for revising or eliminating statutes, rules, or requirements as necessary to address such barriers.
   3.  The membership of the committee shall be appointed by the small business advocate to include the following:
   a.  Five voting members who represent Iowa small businesses from nominees provided by the Iowa office of the national federation of independent business.
   b.  Four voting members who represent a broad spectrum of Iowa businesses from nominees provided by the Iowa association of business and industry.
   4.  The terms of voting members, election of officers, and other procedural matters shall be as determined by the committee. Voting members are not eligible for per diem or expenses incurred in connection with committee work.
   Sec. 7.  Section 15G.110, Code 2011, is amended to read as follows:
   15G.110  Appropriation.
   1.  For the fiscal period beginning July 1, 2005, and ending June 30, 2008, and for the fiscal period beginning July 1, 2011, and ending June 30, 2015, there is appropriated to the department of economic development each fiscal year fifty forty-nine million eight hundred fifty thousand dollars from the general fund of the state for deposit in the grow Iowa values fund.
   2.  For the fiscal period beginning July 1, 2008, and ending June 30, 2011, there is appropriated to the department of economic development each fiscal year fifty forty-nine million eight hundred fifty thousand dollars from the rebuild Iowa infrastructure fund for deposit in the grow Iowa values fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   Sec. 8.  Section 15G.111, subsection 3, Code 2011, is amended to read as follows:
   3.  Appropriation.  For each fiscal year of the fiscal period beginning July 1, 2009, and ending June 30, 2015, there is appropriated from the fund to the department of economic development for purposes of making expenditures pursuant to this chapter fifty forty-nine million eight hundred fifty thousand dollars.
   Sec. 9.  Section 15G.111, subsection 4, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Of the moneys appropriated to the department pursuant to subsection 3, the department shall allocate twenty-eight million five three hundred fifty thousand dollars each fiscal year as follows:
EXPLANATION
   This bill provides for the establishment of a small business advocate’s office and a solutions-to-minimize-unreasonable-

government committee.
   The office of the small business advocate is established as an agency of the legislative branch under the direction and control of the legislative council.
   The small business advocate is not authorized to hire staff or employees. The small business advocate cannot hold another public office of trust or profit other than the office of notary public, engage in other employment for remuneration with an agency or department of state government, or be actively involved in partisan affairs.
   The duties of the small business advocate are to:
   1. Monitor the impact of government regulation on job growth in the state.
   2. Collect data and compile reports on the impact of government regulation on job growth in the state.
   3. Recommend to the legislative council policies and laws that promote a regulatory environment conducive to job growth and particularly to the creation of jobs in small businesses across the state.
   4. Advise the legislative council and the general assembly on the impacts that proposed legislation will have on the ability of employers to create and retain jobs.
   5. On or before January 1 of each year, submit a report to the legislative council, the legislative services agency, the administrative rules review committee, and the general assembly. The report shall include the small business advocate’s recommendations for changes to law and public policy that will remove barriers to job growth in the state.
   The office of the citizens’ aide (commonly called the ombudsman), has some duties that overlap with the concerns of the small business advocate. In investigating administrative actions, to the extent the citizens’ aide becomes aware of a pattern of regulation evidencing actions or subjects described in Code section 2C.11, the citizens’ aide must inform the small business advocate of the pattern, and the small business advocate is directed to develop and recommend to the legislative council, the legislative services agency, the administrative rules review committee, and the general assembly changes in policy or law to address the pattern.
   The bill creates the solutions-to-minimize-unreasonable-

government committee in the office of the small business advocate in new Code section 2E.5, to be staffed by the legislative services agency.
   The purpose of the committee is to review existing and proposed state statutes, administrative rules, and other agency requirements to consider whether the statutes, rules, or requirements impose or would impose unnecessary barriers to creating or maintaining private sector jobs. The committee may issue reports to the general assembly at any time providing recommendations for revising or eliminating statutes, rules, or requirements as necessary to address such barriers.
   The committee consists of nine voting members appointed by the small business advocate from nominees provided by the Iowa office of the national federation of independent business and the Iowa association of business and industry. The committee is authorized to determine the terms of voting members, election of officers, and other procedural matters. Voting members are not eligible for per diem or expenses incurred in connection with committee work.
   The annual budget for the small business advocate is approved by the legislative council from the general assembly’s standing appropriation from the state’s general fund. In order to free up state general fund moneys for any additional costs related to the appointment of a small business advocate, the annual appropriation for the grow Iowa values fund is reduced by $150,000.