Text: SSB00349 Text: SSB00351 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.
1 3 1. An oversight, audit and government reform committee is
1 4 established, consisting of three members of each of the two
1 5 major political parties of the senate appointed by the
1 6 majority leader of the senate in consultation with the
1 7 minority leader and five members of each of the two major
1 8 political parties of the house of representatives appointed by
1 9 the speaker of the house in consultation with the minority
1 10 leader. The majority leader of the senate and the speaker of
1 11 the house of representatives shall each designate a
1 12 chairperson and vice chairperson, and the minority leader of
1 13 each house shall designate a ranking member. Meetings may be
1 14 called by the co-chairpersons or by a majority of committee
1 15 members from each house. Members shall be appointed prior to
1 16 the adjournment of the first regular session of each general
1 17 assembly and shall serve for terms ending upon the convening
1 18 of the following general assembly or when their successors are
1 19 appointed, whichever is later. Vacancies shall be filled in
1 20 the same manner as original appointments are made and shall be
1 21 for the remainder of the unexpired term.
1 22 2. The members of the committee shall be reimbursed for
1 23 actual and necessary expenses incurred in the performance of
1 24 their duties and shall be paid the per diem specified in
1 25 section 2.10, subsection 6, for each day in which engaged in
1 26 the performance of their duties. However, per diem
1 27 compensation and expenses shall not be paid when the general
1 28 assembly is actually in session at the seat of government.
1 29 Expenses and per diem shall be paid from funds appropriated
1 30 pursuant to section 2.12.
1 31 3. Administrative assistance shall be provided by the
1 32 legislative fiscal bureau and the legislative service bureau.
1 33 Sec. 2. NEW SECTION. 2.72 OVERSIGHT, AUDIT AND
1 34 GOVERNMENT REFORM COMMITTEE &endash; PURPOSE.
1 35 The purpose of the oversight, audit and government reform
2 1 committee shall be to review and analyze state government
2 2 structure and operations for purposes of ensuring an efficient
2 3 and innovative system of government which effectively
2 4 administers programs and carries out its police powers,
2 5 provides for operating with the greatest possible fiscal
2 6 integrity, enhances the government's relationship with its
2 7 citizens, and provides for the greatest possible
2 8 accountability of the government to the public.
2 9 Sec. 3. NEW SECTION. 2.73 OVERSIGHT, AUDIT AND
2 10 GOVERNMENT REFORM COMMITTEE &endash; POWERS AND DUTIES.
2 11 1. As used in this section, unless the context otherwise
2 12 requires:
2 13 a. "Committee" means the oversight, audit and government
2 14 reform committee established pursuant to section 2.71.
2 15 b. "Government" means local government and state
2 16 government.
2 17 c. "Local government" means a political subdivision as
2 18 defined in section 24.48; a city as defined in section 362.2;
2 19 a county as provided in chapter 331; a township as provided in
2 20 chapter 359; a public school corporation organized under
2 21 chapter 274; a merged area as provided in chapter 260C; an
2 22 area education agency as provided in chapter 273; or any
2 23 special purpose district, including a district that provides
2 24 or has authority to provide fire fighting, water, sanitary,
2 25 law enforcement, ambulance, medical, or other emergency
2 26 services.
2 27 d. "State government" means a unit of government which is
2 28 a board, commission, department, officer, or other
2 29 administrative office of the state, including but not limited
2 30 to each principal department as provided in section 7E.5; an
2 31 agency of the general assembly; the judicial department as
2 32 defined in section 602.1102; or the office of consumer
2 33 advocate. A state government does not include a local
2 34 government.
2 35 2. Except as provided in this section, a unit of state
3 1 government, or an officer or employee of state government,
3 2 shall not be compelled to perform any function or conduct any
3 3 reform, based on a decision of the committee.
3 4 3. Each year the committee shall develop a general plan
3 5 required to carry out its purpose as provided in section 2.72.
3 6 The plan must be submitted for approval by the legislative
3 7 council, and shall be updated for the next calendar year not
3 8 later than July 1 or as otherwise provided by the legislative
3 9 council. The plan shall provide for a one-year schedule for
3 10 performing a systematic review of state programs and rules.
3 11 As part of the plan, the committee shall each year conduct a
3 12 review and perform an evaluation of one or more programs or
3 13 rules administered by state government. The plan may also
3 14 provide for conducting in-depth studies of issues and
3 15 investigations affecting state government. Studies affecting
3 16 the state government include but are not limited to all of the
3 17 following:
3 18 a. State government budget practices and procedures in
3 19 order to ensure the accountability of state government to the
3 20 general assembly, including methods to improve functions
3 21 relating to the appropriation of moneys.
3 22 b. Methods to encourage innovation in state government,
3 23 including methods to encourage the communication of innovative
3 24 proposals by officers and employees, and methods to implement
3 25 proposals which may increase the operational efficiency of
3 26 state government.
3 27 c. Utilization of state government facilities and
3 28 equipment, including purchase, lease-purchase, and leasing
3 29 arrangements.
3 30 d. Reorganization of units of state government, in order
3 31 to reduce expenditures and promote economy to the fullest
3 32 extent possible consistent with the efficient operation of
3 33 state government.
3 34 e. Performance evaluations and performance-based budgeting
3 35 of state government operations, including standards and
4 1 procedures for the administration of programs and regulations.
4 2 The study may include the need to develop indicators,
4 3 including benchmarks, for purposes of measuring government
4 4 performance.
4 5 f. Relationships between all of the following:
4 6 (1) State government and its employees, including methods
4 7 to increase employee performance.
4 8 (2) State government and private industry, including
4 9 issues regarding the privatization of state government
4 10 functions.
4 11 (3) State government with local government, in order to
4 12 increase the efficient and harmonious administration of their
4 13 powers and duties.
4 14 (4) Government and the United States, including the impact
4 15 of federal requirements and incentives on government policies
4 16 and action.
4 17 4. Each year the committee shall develop a budget for
4 18 committee operations. The budget must be submitted to the
4 19 legislative council by June 1 of each year or as otherwise
4 20 provided by the legislative council for approval or amendment
4 21 by the legislative council for the next fiscal year beginning
4 22 July 1 and ending June 30.
4 23 5. In carrying out its purpose, as provided in section
4 24 2.72, the following shall apply:
4 25 a. (1) The committee, or upon direction of the committee,
4 26 a member may review and monitor the operations of any unit of
4 27 state government, by visiting and inspecting any place where
4 28 state government functions occur, or communicating on any
4 29 matter with an officer or employee of state government, if the
4 30 matter relates to the functions of a government unit.
4 31 However, this paragraph shall not apply to the extent that the
4 32 state government unit determines that the visit or
4 33 communication may cause a threat to the public health or
4 34 safety, or may endanger the health or safety of an individual,
4 35 including a committee member.
5 1 (2) The committee may conduct hearings regarding
5 2 complaints, concerns, or comments from officers and employees
5 3 of a unit of state government about any matter relating to the
5 4 functions of the unit of state government.
5 5 (3) A unit of state government shall not place
5 6 restrictions upon the manner of the communication between
5 7 committee members and the state government unit. Officers and
5 8 employees of a state government unit shall, to every extent
5 9 practical, be available to communicate on a matter at the
5 10 convenience of the committee or the member. An employee or
5 11 officer is not required to obtain permission or notify a unit
5 12 of state government regarding a formal or informal
5 13 communication with the committee or member.
5 14 (4) The committee shall not conduct a closed session,
5 15 unless the committee determines that a closed session is
5 16 required to protect the release of confidential communications
5 17 or information. The committee may provide that information
5 18 that it receives is confidential information, notwithstanding
5 19 chapter 22.
5 20 b. The committee may conduct examinations regarding the
5 21 operations of a unit of state government or of a particular
5 22 program or regulation, in order to evaluate the effectiveness,
5 23 efficiency, and economy of the operation or of a program or
5 24 regulation. The committee may require that an agency perform
5 25 a study of its own functions as part of the examination.
5 26 c. As part of an investigation, the committee may issue
5 27 subpoenas for witnesses and for the production of records,
5 28 books, papers, and other evidence. If a witness, duly
5 29 subpoenaed, refuses to appear, or refuses to testify, or
5 30 otherwise refuses to comply with the subpoena, the committee
5 31 shall certify this to the district court of the county where
5 32 the hearing is being held and the court shall proceed with the
5 33 refusal as though it had occurred in a legal proceeding before
5 34 the court.
5 35 d. The committee may require units of state government to
6 1 cooperate with the committee and furnish the committee with
6 2 information or analysis as required by the committee, unless
6 3 information requested is confidential as provided in section
6 4 22.7. If information is confidential, the committee may
6 5 require that the state government provide copies of the
6 6 information in a manner which eliminates references which
6 7 cause the information to be classified as confidential, or
6 8 prepare a summary of information in a manner that does not
6 9 identify sources of the confidential information.
6 10 e. The committee may employ consultants or professionals,
6 11 including but not limited to a legal counsel, to perform
6 12 assigned duties at the direction of the committee. Upon
6 13 request by the committee, the attorney general or the state
6 14 auditor may investigate abuses of discretion, malfeasance, or
6 15 the misappropriation of moneys by state government officers or
6 16 employees. The attorney general or state auditor shall report
6 17 to the committee the results of its investigation and any
6 18 subsequent prosecution.
6 19 6. The committee may consider legislative bills and
6 20 resolutions assigned by the senate and house of
6 21 representatives to the committee, and study and draft proposed
6 22 bills and resolutions as provided by rules adopted by the
6 23 general assembly.
6 24 7. The committee shall periodically prepare reports
6 25 regarding studies and evaluations conducted by the committee.
6 26 The reports shall contain findings and recommendations of the
6 27 committee. The committee shall prepare annually a final
6 28 report to the legislative council. The committee shall
6 29 prepare a summary of the final report for submission to each
6 30 member of the general assembly not later than the first day of
6 31 each regular session of the general assembly as provided in
6 32 section 2.1. The report shall provide a description of the
6 33 committee's operations for the past calendar year as provided
6 34 in its plan. The report shall provide an evaluation of each
6 35 area of study and each program or rule reviewed pursuant to
7 1 the committee's plan. The report shall include
7 2 recommendations for consideration by the general assembly,
7 3 which may include proposed bills or resolutions.
7 4 EXPLANATION
7 5 This bill amends chapter 2 which provides for the functions
7 6 and powers of the general assembly. The bill establishes an
7 7 oversight, audit and government reform committee.
7 8 Specifically, the bill provides for all of the following:
7 9 Section 2.71 provides for the establishment of the
7 10 committee, which consists of six members of the senate and 10
7 11 members of the house of representatives. The section provides
7 12 for a number of procedural requirements for the committee,
7 13 including the appointment of members and co-chairpersons,
7 14 vacancies, members' reimbursement, and administrative
7 15 assistance.
7 16 Section 2.72 provides that the committee's purpose is to
7 17 review and analyze state governmental structure and operations
7 18 for purposes of ensuring an efficient and innovative system of
7 19 state government which effectively administers programs and
7 20 carries out police powers, provides for operating with the
7 21 greatest possible fiscal integrity, enhances the government's
7 22 relationship with its citizens, and provides for the greatest
7 23 possible accountability of the state government to the public.
7 24 Section 2.73 provides for the powers and duties of the
7 25 committee. Each year the committee must develop a general
7 26 plan required to carry out its purpose. The committee must
7 27 also submit a budget request to the legislative council. The
7 28 committee must provide for a schedule to perform a systematic
7 29 evaluation of state programs and rules. The committee may
7 30 study issues relating to the state government budget; methods
7 31 to encourage innovation in state government; the utilization
7 32 of state government facilities and equipment; the
7 33 reorganization of units of state government; methods to
7 34 accomplish performance evaluations and performance-based
7 35 budgeting of state government operations; the development
8 1 indicators, including benchmarks, in order to measure state
8 2 government performance; relationships between state government
8 3 and its employees, state government and private industry,
8 4 state and local governments; and the state and local
8 5 governments with the federal government.
8 6 The section provides that the committee has a number of
8 7 specific powers. The committee, or committee members, may
8 8 monitor the operations of any unit of state government, by
8 9 visiting and inspecting any place where state government
8 10 functions occur, or communicating any matter with an officer
8 11 or employee of state government. The committee may conduct
8 12 hearings regarding complaints, concerns, or comments from
8 13 officers and employees of units of state government about any
8 14 matter relating to the functions of the unit of state
8 15 government. The committee may conduct examinations regarding
8 16 the operations of a unit of state government or of a
8 17 particular program or regulation, in order to evaluate the
8 18 effectiveness, efficiency, and economy of the operation or of
8 19 a program or regulation. The committee may issue subpoenas
8 20 for witnesses and for the production of records, books,
8 21 papers, and other evidence. The committee may require units
8 22 of state government to cooperate with the committee and
8 23 furnish the committee with information or analysis as required
8 24 by the committee. The committee may employ consultants or
8 25 professionals, including but not limited to a legal counsel,
8 26 to perform assigned duties at the direction of the committee.
8 27 The committee may consider legislative bills and resolutions
8 28 assigned to the committee, and study and draft proposed
8 29 committee bills and resolutions.
8 30 The section requires the committee to periodically prepare
8 31 reports regarding studies and evaluations conducted by the
8 32 committee. The reports must contain findings and
8 33 recommendations of the committee. The committee must prepare
8 34 annually a final report for the legislative council and a
8 35 summary of the report for the general assembly which shall be
9 1 submitted to each member of the general assembly not later
9 2 than the first day of each regular session.
9 3 LSB 2116SA 76
9 4 da/jw/5
Text: SSB00349 Text: SSB00351 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/00300/SSB00350/950324.html
jhf