Text: SF00476 Text: SF00478 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 2.71 OVERSIGHT, AUDIT AND 1 2 GOVERNMENT REFORM COMMITTEE &endash; ESTABLISHMENT AND PROCEDURES. 1 3 1. An oversight, audit and government reform committee is 1 4 established, consisting of three members of the majority 1 5 political party and two members of the minority political 1 6 party in the senate, as appointed by the majority leader of 1 7 the senate in consultation with the minority leader, and five 1 8 members of the majority political party and four members of 1 9 the minority political party in the house of representatives 1 10 as appointed by the speaker of the house in consultation with 1 11 the minority leader. The majority leader of the senate and 1 12 the speaker of the house of representatives shall each 1 13 designate a chairperson and vice chairperson, and the minority 1 14 leader of each house shall designate a ranking member. 1 15 Meetings may be called by the co-chairpersons or by a majority 1 16 of committee members from each house. Members shall be 1 17 appointed and serve for terms beginning upon the convening of 1 18 the first session of each general assembly, except that the 1 19 initial members may be appointed after the convening of the 1 20 first session of the Seventy-sixth General Assembly. 1 21 Vacancies shall be filled in the same manner as original 1 22 appointments are made and shall be for the remainder of the 1 23 member's unexpired term. 1 24 2. The members of the committee shall be reimbursed for 1 25 actual and necessary expenses incurred in the performance of 1 26 their duties and shall be paid the per diem specified in 1 27 section 2.10, subsection 6, for each day in which engaged in 1 28 the performance of their duties. However, per diem 1 29 compensation and expenses shall not be paid when the general 1 30 assembly is actually in session at the seat of government. 1 31 Expenses and per diem shall be paid from funds appropriated 1 32 pursuant to section 2.12. 1 33 3. The committee shall adopt committee rules consistent 1 34 with this section and rules of the senate and house of 1 35 representatives. The committee shall not approve any action, 2 1 unless a majority of members of the senate and a majority of 2 2 members of the house of representatives serving on the 2 3 committee both approve the action. 2 4 4. Staff assistance shall be provided by the legislative 2 5 fiscal bureau and the legislative service bureau. 2 6 Sec. 2. NEW SECTION. 2.72 OVERSIGHT, AUDIT AND 2 7 GOVERNMENT REFORM COMMITTEE &endash; PURPOSE. 2 8 The purpose of the oversight, audit and government reform 2 9 committee shall be to review and analyze state government 2 10 structure and operations for purposes of ensuring an efficient 2 11 and innovative system of government which effectively 2 12 administers programs and carries out its regulatory functions, 2 13 provides for operating with the greatest possible fiscal 2 14 integrity, enhances the government's relationship with its 2 15 citizens, and provides for the greatest possible 2 16 accountability of the government to the public. 2 17 Sec. 3. NEW SECTION. 2.73 OVERSIGHT, AUDIT AND 2 18 GOVERNMENT REFORM COMMITTEE &endash; POWERS AND DUTIES. 2 19 1. As used in this section, unless the context otherwise 2 20 requires: 2 21 a. "Committee" means the oversight, audit and government 2 22 reform committee established pursuant to section 2.71. 2 23 b. "Government" means local government and state 2 24 government. 2 25 c. "Local government" means a political subdivision as 2 26 defined in section 24.48; a city as defined in section 362.2; 2 27 a county as provided in chapter 331; a township as provided in 2 28 chapter 359; a public school corporation organized under 2 29 chapter 274; a merged area as provided in chapter 260C; an 2 30 area education agency as provided in chapter 273; or any 2 31 special purpose district, including a district that provides 2 32 or has authority to provide fire fighting, water, sanitary, 2 33 law enforcement, ambulance, medical, or other emergency 2 34 services. 2 35 d. "Staff" means the director of the legislative fiscal 3 1 bureau and employees of the legislative fiscal bureau, and the 3 2 director of the legislative service bureau and employees of 3 3 the legislative service bureau. 3 4 e. "State government" means a unit of government which is 3 5 a board, commission, department, officer, or other 3 6 administrative office of the state, including but not limited 3 7 to each principal department as provided in section 7E.5; an 3 8 agency of the general assembly; the judicial department as 3 9 defined in section 602.1102; and the office of consumer 3 10 advocate as provided in chapter 475A. A state government does 3 11 not include a local government. 3 12 2. Except as provided in this section, a unit of state 3 13 government, or an officer or employee of state government, 3 14 shall not be compelled to perform any function or conduct any 3 15 reform, based on a decision of the committee. 3 16 3. Each year the committee shall develop an annual plan 3 17 required to carry out its purpose as provided in section 2.72. 3 18 The annual plan must be submitted for approval by the 3 19 legislative council, and shall be updated for the next 3 20 calendar year not later than July 1 or as otherwise provided 3 21 by the legislative council. The plan shall provide for a one- 3 22 year schedule for performing a systematic review of state 3 23 programs and rules. As part of the plan, the committee shall 3 24 each year conduct a review and perform an evaluation of one or 3 25 more programs or regulations administered or enforced by state 3 26 government. The plan may also provide for conducting in-depth 3 27 studies of issues and investigations affecting state 3 28 government. Studies affecting state government include but 3 29 are not limited to all of the following: 3 30 a. State government budget practices and procedures in 3 31 order to ensure the accountability of state government to the 3 32 general assembly. 3 33 b. Methods to encourage innovation in state government, 3 34 including methods to encourage the communication of innovative 3 35 proposals by officers and employees, and methods to implement 4 1 proposals which may increase the operational efficiency of 4 2 state government. 4 3 c. Utilization of state government facilities and 4 4 equipment, including purchase, lease-purchase, and leasing 4 5 arrangements. 4 6 d. Reorganization of units of state government, in order 4 7 to reduce expenditures and promote economy to the fullest 4 8 extent possible consistent with the efficient operation of 4 9 state government. 4 10 e. Performance evaluations and performance-based budgeting 4 11 of state government operations, including standards and 4 12 procedures for the administration of programs and regulations. 4 13 The study may include the need to develop indicators, 4 14 including benchmarks, for purposes of measuring state 4 15 government performance. 4 16 f. Relationships between all of the following: 4 17 (1) State government and its employees, including methods 4 18 to increase employee performance. 4 19 (2) State government and private industry, including 4 20 issues regarding the privatization of state government 4 21 functions. 4 22 (3) State government and local government, in order to 4 23 increase the efficient and harmonious administration of their 4 24 powers and duties. 4 25 (4) Government and the United States government, including 4 26 the impact of federal requirements and incentives on 4 27 government policies and action. 4 28 4. Each year the committee shall develop a budget for 4 29 committee operations. The budget must be submitted to the 4 30 legislative council each year as provided by the legislative 4 31 council, for approval or amendment by the legislative council 4 32 for the following year. 4 33 5. In carrying out its purpose, as provided in section 4 34 2.72, the following shall apply: 4 35 a. Officers and employees of a state government unit, or a 5 1 private organization providing services to individuals under a 5 2 contract with a unit of state government, shall, to every 5 3 extent practical, be available to communicate on a matter 5 4 relating to the performance of the state government unit's 5 5 statutory duties or the private organization's contractual 5 6 arrangements with a unit of state government, at the 5 7 convenience of the committee or a committee member. The 5 8 officer or employee is not required to obtain permission from 5 9 or notify a unit of state government or private organization 5 10 regarding a formal or informal communication with the 5 11 committee or the member as provided in this paragraph. 5 12 b. The committee, including a subcommittee appointed by 5 13 the chairpersons of the committee, shall have access to all 5 14 units of state government, and private organizations providing 5 15 services to individuals under contracts with units of state 5 16 government, and may visit the offices or facilities of a unit 5 17 of state government or such private organization in order to 5 18 investigate the performance of the state government unit's 5 19 statutory duties or private organization's contractual 5 20 arrangements with a unit of state government. When the 5 21 committee visits the offices and facilities of a unit of state 5 22 government or such private organization, the committee shall 5 23 invite the chairpersons and minority party ranking members of 5 24 the appropriate standing committees and the appropriate 5 25 subcommittees of the committees on appropriations of the 5 26 senate and the house of representatives. 5 27 The committee shall be provided with information by staff 5 28 as directed by the chairpersons, concerning the visit, 5 29 including information relating to the structure and 5 30 organization of the unit of state government, budgets, 5 31 programs, and regulations, and legislation authorizing 5 32 programs or regulations. If a unit of state government or a 5 33 private organization providing services to individuals under 5 34 contract with a unit of state government places restrictions 5 35 upon a visit, the unit of state government or private 6 1 organization shall submit to the committee a written 6 2 explanation detailing reasons for denying a visit which must 6 3 be based on a threat to the health or safety of an individual, 6 4 including a member of the committee or subcommittee. 6 5 c. The committee shall at all times have access to all 6 6 books, records, and other instrumentalities and properties of 6 7 a unit of state government or private organization providing 6 8 services to individuals under a contract with a unit of state 6 9 government, used in the state government unit's performance of 6 10 statutory duties or the private organization's contractual 6 11 arrangements with a unit of state government. The unit of 6 12 state government or such private organization shall cooperate 6 13 with the committee, and shall make available to the committee 6 14 such books, records, instrumentalities, and property. 6 15 However, if the information sought by the committee is 6 16 required by law to be kept confidential, the staff shall have 6 17 access to the information, but shall maintain the 6 18 confidentiality of the information and are subject to the same 6 19 penalties as the lawful custodian of the information for 6 20 dissemination of the information. However, the staff shall 6 21 not have access to tax return information except for 6 22 individual income tax sample data as provided in section 6 23 422.72, subsection 1. If information is confidential, the 6 24 committee may require that the unit of state government or 6 25 private organization provide the information in a manner that 6 26 eliminates references which cause the information to be 6 27 classified as confidential, or that a summary of information 6 28 be prepared in a manner that does not identify sources of the 6 29 confidential information. 6 30 d. The committee may issue subpoenas for the production of 6 31 any records, books, or papers to which the committee or staff 6 32 is authorized to have access. If any person subpoenaed 6 33 refuses to produce the records, books, or papers, the 6 34 committee may apply to the district court having jurisdiction 6 35 over that person for the enforcement of the subpoena. 7 1 e. The committee may conduct hearings regarding 7 2 complaints, concerns, or comments from officers and employees 7 3 of a unit of state government or a private organization 7 4 providing services to individuals under a contract with a unit 7 5 of state government about any matter relating to the state 7 6 government unit's performance of statutory duties or the 7 7 private organization's contractual arrangements with a unit of 7 8 state government. 7 9 f. The committee shall not conduct a closed session, 7 10 unless the committee determines that a closed session is 7 11 required to protect the release of confidential communications 7 12 or information. The committee may provide that information 7 13 that it receives is confidential information, notwithstanding 7 14 chapter 22. 7 15 g. The committee may conduct examinations regarding the 7 16 operations of a unit of state government or a private 7 17 organization providing services to individuals under a 7 18 contract with a unit of state government regarding a 7 19 particular program or regulation, in order to evaluate the 7 20 effectiveness, efficiency, and economy of the operation or of 7 21 a program or regulation. The committee may require that a 7 22 unit of state government perform a study of its own functions 7 23 as part of the examination. 7 24 h. Subject to the approval of the legislative council, the 7 25 committee may employ consultants or professionals, including 7 26 but not limited to a legal counsel, to perform assigned duties 7 27 at the direction of the committee. 7 28 i. Upon request by the committee, the attorney general or 7 29 the state auditor may investigate abuses of discretion, 7 30 malfeasance, or the misappropriation of moneys by officers or 7 31 employees of a unit of state government, or pursuant to 7 32 contracts executed by units of state government. Upon request 7 33 by the committee, the state auditor shall review state 7 34 programs or regulations, and perform evaluations, including 7 35 the measurement of performance according to indicators, such 8 1 as benchmarks. The attorney general or state auditor shall 8 2 report to the committee the findings and any recommendations 8 3 of an investigation or review. 8 4 6. The committee shall periodically prepare reports 8 5 regarding studies and evaluations conducted by the committee. 8 6 The reports shall contain findings and recommendations of the 8 7 committee. The committee shall prepare annually a final 8 8 report to the legislative council. The committee shall 8 9 prepare a summary of the final report for submission to each 8 10 member of the general assembly not later than the first day of 8 11 each regular session of the general assembly as provided in 8 12 section 2.1. The report shall provide a description of the 8 13 committee's operations for the past calendar year as provided 8 14 in its annual plan required pursuant to this section. The 8 15 report shall provide an evaluation of each area of study and 8 16 each program or rule reviewed pursuant to the committee's 8 17 annual plan. The report shall include recommendations for 8 18 consideration by the general assembly, which may include 8 19 proposed bills or resolutions. 8 20 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 8 21 immediate importance, takes effect upon enactment. 8 22 SF 477 8 23 da/cc/26
Text: SF00476 Text: SF00478 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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