Text: SSB00300 - SSB00399 Text: SSB 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 prior to the adjournment of the first regular
1 18 session of each general assembly and shall serve for terms
1 19 ending upon the convening of the following general assembly or
1 20 when their successors are appointed, whichever is later.
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 the legislative
3 3 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 with 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 by June 1 of each year or as otherwise
4 31 provided by the legislative council for approval or amendment
4 32 by the legislative council for the next fiscal year beginning
4 33 July 1 and ending June 30.
4 34 5. In carrying out its purpose, as provided in section
4 35 2.72, the following shall apply:
5 1 a. Officers and employees of a state government unit, or a
5 2 private organization providing services to individuals under a
5 3 contract with a unit of state government, shall, to every
5 4 extent practical, be available to communicate on a matter
5 5 relating to the performance of the government unit's statutory
5 6 duties or the private organization's contractual arrangements
5 7 with a unit of state government, at the convenience of the
5 8 committee or a committee member. The officer or employee is
5 9 not required to obtain permission from or notify a unit of
5 10 state government or private organization regarding a formal or
5 11 informal communication with the committee or the member as
5 12 provided in this paragraph.
5 13 b. The committee, including a subcommittee appointed by
5 14 the chairpersons of the committee, shall have access to all
5 15 units of state government, and private organizations providing
5 16 services to individuals under contracts with units of state
5 17 government, and may visit the offices or facilities of a unit
5 18 of state government or such private organization in order to
5 19 investigate the performance of the government unit's statutory
5 20 duties or private organization's contractual arrangements with
5 21 a unit of state government. When the committee visits the
5 22 offices and facilities of a unit of state government or such
5 23 private organization, the committee shall invite the
5 24 chairpersons and minority party ranking members of the
5 25 appropriate standing committees and the appropriate
5 26 subcommittees of the committees on budget of the senate and
5 27 the house of representatives.
5 28 The committee shall be provided with information by staff
5 29 as directed by the chairpersons, concerning the visit,
5 30 including information relating to the structure and
5 31 organization of the unit of state government, budgets,
5 32 programs, and regulations, and legislation authorizing
5 33 programs or regulations. If a unit of state government or a
5 34 private organization providing services to individuals under
5 35 contract with a unit of state government places restrictions
6 1 upon a visit, the unit of state government or private
6 2 organization shall submit to the committee a written
6 3 explanation detailing reasons for denying a visit which must
6 4 be based on a threat to the health or safety of an individual,
6 5 including a member of the committee or subcommittee.
6 6 c. The committee shall at all times have access to all
6 7 books, records, and other instrumentalities and properties of
6 8 a unit of state government or private organization providing
6 9 services to individuals under a contract with a unit of state
6 10 government, used in the government unit's performance of
6 11 statutory duties or the private organization's contractual
6 12 arrangements with a unit of state government. The unit of
6 13 state government or such private organization shall cooperate
6 14 with the committee, and shall make available to the committee
6 15 such books, records, instrumentalities, and property.
6 16 However, if the information sought by the committee is
6 17 required by law to be kept confidential, the staff shall have
6 18 access to the information, but shall maintain the
6 19 confidentiality of the information and are subject to the same
6 20 penalties as the lawful custodian of the information for
6 21 dissemination of the information. However, the staff shall
6 22 not have access to tax return information except for
6 23 individual income tax sample data as provided in section
6 24 422.72, subsection 1. If information is confidential, the
6 25 committee may require that the unit of state government or
6 26 private organization provide the information in a manner that
6 27 eliminates references which cause the information to be
6 28 classified as confidential, or that a summary of information
6 29 be prepared in a manner that does not identify sources of the
6 30 confidential information.
6 31 d. The committee may issue subpoenas for the production of
6 32 any records, books, or papers to which the committee or staff
6 33 is authorized to have access. If any person subpoenaed
6 34 refuses to produce the records, books, or papers, the
6 35 committee may apply to the district court having jurisdiction
7 1 over that person for the enforcement of the subpoena.
7 2 e. The committee may conduct hearings regarding
7 3 complaints, concerns, or comments from officers and employees
7 4 of a unit of state government or a private organization
7 5 providing services to individuals under a contract with a unit
7 6 of state government about any matter relating to the
7 7 government unit's performance of statutory duties or the
7 8 private organization's contractual arrangements with a unit of
7 9 state government.
7 10 f. The committee shall not conduct a closed session,
7 11 unless the committee determines that a closed session is
7 12 required to protect the release of confidential communications
7 13 or information. The committee may provide that information
7 14 that it receives is confidential information, notwithstanding
7 15 chapter 22.
7 16 g. The committee may conduct examinations regarding the
7 17 operations of a unit of state government or a private
7 18 organization providing services to individuals under a
7 19 contract with a unit of state government regarding a
7 20 particular program or regulation, in order to evaluate the
7 21 effectiveness, efficiency, and economy of the operation or of
7 22 a program or regulation. The committee may require that a
7 23 unit of state government perform a study of its own functions
7 24 as part of the examination.
7 25 h. Subject to the approval of the legislative council, the
7 26 committee may employ consultants or professionals, including
7 27 but not limited to a legal counsel, to perform assigned duties
7 28 at the direction of the committee.
7 29 i. Upon request by the committee, the attorney general or
7 30 the state auditor may investigate abuses of discretion,
7 31 malfeasance, or the misappropriation of moneys by officers or
7 32 employees of a unit of state government, or pursuant to
7 33 contracts executed by units of state government. Upon request
7 34 by the committee, the state auditor shall review state
7 35 programs or regulations, and perform evaluations, including
8 1 the measurement of performance according to indicators, such
8 2 as benchmarks. The attorney general or state auditor shall
8 3 report to the committee the findings and any recommendations
8 4 of an investigation or review.
8 5 6. The committee shall periodically prepare reports
8 6 regarding studies and evaluations conducted by the committee.
8 7 The reports shall contain findings and recommendations of the
8 8 committee. The committee shall prepare annually a final
8 9 report to the legislative council. The committee shall
8 10 prepare a summary of the final report for submission to each
8 11 member of the general assembly not later than the first day of
8 12 each regular session of the general assembly as provided in
8 13 section 2.1. The report shall provide a description of the
8 14 committee's operations for the past calendar year as provided
8 15 in its annual plan required pursuant to this section. The
8 16 report shall provide an evaluation of each area of study and
8 17 each program or rule reviewed pursuant to the committee's
8 18 annual plan. The report shall include recommendations for
8 19 consideration by the general assembly, which may include
8 20 proposed bills or resolutions.
8 21 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
8 22 immediate importance, takes effect upon enactment.
8 23 EXPLANATION
8 24 This bill amends chapter 2 which provides for the functions
8 25 and powers of the general assembly. The bill establishes an
8 26 oversight, audit and government reform committee.
8 27 Specifically, the bill provides for all of the following:
8 28 Section 2.71 provides for the establishment of the
8 29 committee, which consists of five members of the senate and
8 30 nine members of the house of representatives. The section
8 31 provides for a number of procedural requirements for the
8 32 committee, including the appointment of members and co-
8 33 chairpersons, vacancies, members' reimbursement, approval of
8 34 actions, and staff assistance.
8 35 Section 2.72 provides that the committee's purpose is to
9 1 review and analyze state governmental structure and operations
9 2 for purposes of ensuring an efficient and innovative system of
9 3 state government which effectively administers programs and
9 4 carries out regulatory functions, provides for operating with
9 5 the greatest possible fiscal integrity, enhances the
9 6 government's relationship with its citizens, and provides for
9 7 the greatest possible accountability of the state government
9 8 to the public.
9 9 Section 2.73 provides for the powers and duties of the
9 10 committee. Each year the committee must develop an annual
9 11 plan required to carry out its purpose. The committee must
9 12 also submit a budget request to the legislative council. The
9 13 committee must provide for a schedule to perform a systematic
9 14 evaluation of state programs and regulations. The committee
9 15 may study issues relating to the state government budget;
9 16 methods to encourage innovation in state government; the
9 17 utilization of state government facilities and equipment; the
9 18 reorganization of units of state government; methods to
9 19 accomplish performance evaluations and performance-based
9 20 budgeting of state government operations; the development
9 21 indicators, including benchmarks, in order to measure state
9 22 government performance; relationships between state government
9 23 and its employees, state government and private industry,
9 24 state and local governments; and the state and local
9 25 governments with the federal government.
9 26 The section provides that the committee has a number of
9 27 specific powers. The committee may monitor the operations of
9 28 any unit of state government or a private organization
9 29 contracting with a unit of state government, by visiting and
9 30 inspecting any place where a unit's or organization's
9 31 functions occur, or communicating with an officer or employee
9 32 of the unit of state government or the private organization.
9 33 The committee may conduct hearings regarding complaints,
9 34 concerns, or comments from officers and employees of units of
9 35 state government or private organizations about matters
10 1 relating to the functions of state government. The committee
10 2 may conduct examinations regarding the operations of a unit of
10 3 state government or a private organization contracting with a
10 4 unit of state government, including a particular program or
10 5 regulation, in order to evaluate the effectiveness,
10 6 efficiency, and economy of the operation or of a program or
10 7 regulation. The committee may issue subpoenas for witnesses
10 8 and for the production of records, books, papers, and other
10 9 evidence. The committee may require a unit of state
10 10 government or a private organization contracting with a unit
10 11 of state government to cooperate with the committee and
10 12 furnish the committee with information or analysis as required
10 13 by the committee relating to government functions. Subject to
10 14 approval by the legislative council, the committee may employ
10 15 consultants or professionals, including but not limited to a
10 16 legal counsel, to perform assigned duties at the direction of
10 17 the committee. The committee may require information from the
10 18 attorney general or state auditor.
10 19 The section requires the committee to periodically prepare
10 20 reports regarding studies and evaluations conducted by the
10 21 committee. The reports must contain findings and
10 22 recommendations of the committee. The committee must prepare
10 23 annually a final report for the legislative council and a
10 24 summary of the report for the general assembly which shall be
10 25 submitted to each member of the general assembly not later
10 26 than the first day of each regular session.
10 27 The bill takes effect upon enactment.
10 28 LSB 2116SA 76
10 29 da/jw/5.2
Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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