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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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