NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 490

SENATE BILL 773

 

 

AN ACT TO PROVIDE FOR CONTINUING REVIEW OF GOVERNMENTAL OPERATIONS BY THE GENERAL ASSEMBLY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  A new Article 13 is added to Chapter 120 of the General Statutes of North Carolina to read as follows:

"ARTICLE 13.

"'Joint' Legislative Commission on Governmental Operations.

"§ 120-70.1.  Purpose. The rapid increase in the functions and costs of State government and the complexity of agency operations deeply concerns the General Assembly. Members of the General Assembly have the ultimate responsibility for making public policy decisions and deciding on appropriations of public monies. Knowledge of the public service needs being met, having evidence as to whether previous policy and appropriations have resulted in expected program benefits, and data on how State government reorganization has affected agency operations is most important.

Legislative examination and review of public policies, expenditures and reorganization implementation as an integral part of legislative duties and responsibilities should be strengthened. For the purpose of performing such continuing examination and evaluation of State agencies, their actual effectiveness in programming and in carrying out procedures under reorganization, the General Assembly herein provides for the continuing review of operations of State government.

"§ 120-70.2.  Definition. For the purposes of this act, program evaluation is defined as: An examination of the organization, programs, and administration of State government to ascertain whether such functions (1) are effective, (2) continue to serve their intended purposes, (3) are efficient, and (4) require modification or elimination.

"§ 120-70.3.  Commission established There is hereby established the Joint Legislative Commission on Governmental Operations, hereinafter called the commission, which shall conduct evaluative studies of the programs, policies, practices and procedures of the various departments, agencies, and institutions of State government.

"§ 120-70.4.  Appointment of members. The commission shall consist of 10 members. The President of the Senate shall appoint five members of the Senate, and the Speaker of the House of Representatives shall appoint five members of the House. Vacancies created by resignation or otherwise shall be filled by the original appointing authority. Members shall serve two-year terms beginning and ending on January 15 of the odd-numbered years, except that initial appointments shall begin on July 1, 1975. Members shall not be disqualified from completing a term of service on the commission because they fail to run or are defeated for re-election. Resignation or removal from the General Assembly shall constitute resignation or removal from membership on the commission. The terms of the initial members of the commission shall expire January 15, 1977.

"§ 120-70.5.  Organization of the commission. The chairman of the commission shall be elected from among the membership of the commission and shall serve for a term of one year, ending on the first day of July each year.

"§ 120-70.6.  Powers and duties of the commission. The commission shall have the following powers:

(1)        To conduct program evaluation studies of the various components of State agency activity as they relate to:

a.         service benefits of each program relative to expenditures;

b.         achievement of program goals;

c.         use of indicators by which the success or failure of a program may be gauged; and

d.         conformity with legislative intent.

(2)        To study legislation which would result in new programs with statewide implications for feasibility and need. These studies may be jointly conducted with the Fiscal Research Division of the Legislative Services Commission.

(3)        To study on a continuing basis the implementation of State government reorganization with respect to:

a.         improvements in administrative structure, practices and procedures;

b.         the relative effectiveness of centralization and decentralization of management decisions for agency operation;

c.         opportunities for effective citizen participation; and

d.         broadening of career opportunities for professional staff.

(4)        To make such studies and reports of the operations and functions of State government as it deems appropriate or upon petition by resolution of either the Senate or the House of Representatives.

(5)        To produce routine written reports of findings for general legislative and public distribution. Special attention shall be given to the presentation of findings to the appropriate committees of the Senate and the House of Representatives. If findings arrived at during a study have a potential impact on either the finance or appropriations deliberations, such findings shall immediately be presented to the committees. Such reports shall contain recommendations for appropriate executive action and when legislation is considered necessary to effect change, draft legislation for that purpose may be included. Such reports as are submitted shall include but not be limited to the following matters:

a.         ways in which the agencies may operate more economically and efficiently;

b.         ways in which agencies can provide better services to the State and to the people; and

c.         areas in which functions of State agencies are duplicative, overlapping, or failing to accomplish legislative objectives, or for any other reason should be redefined or redistributed.

(6)        To devise a system, in cooperation with the Fiscal Research Division of the Legislative Services Commission, whereby all new programs authorized by the General Assembly incorporate an evaluation component. The results of such evaluations may be made to the Appropriations Committees at the beginning of each regular session.

"§ 120-70.7.  Additional powers. The commission, while in the discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the commission or secure any evidence under the provisions of G.S. 120-19.

"§ 120-70.8.  Compensation and expenses of commission members. Members of the commission shall receive subsistence and travel allowances at the rates set forth in G.S. 120-3.1 for General Assembly members. The commission shall be funded by the Legislative Services Commission from appropriations made to the General Assembly for that purpose.

"§ 120-70.9.  Commission staffing. (a) The commission shall use available secretarial employees of the General Assembly, or may employ, and may remove, such professional and clerical employees as the commission deems proper. The chairman may assign and direct the activities of the employees of the commission, subject to the advice of the commission.

(b)        The employees of the commission shall receive salaries that shall be fixed by the Legislative Services Commission and shall receive travel and subsistence allowances fixed by G.S. 138-6 and G.S. 138-7, when such travel is approved by the chairman, subject to the advice of the commission. The employees of the commission shall not be subject to the Executive Budget Act or to the State Personnel Act.

(c)        The commission may use employees of the Fiscal Research Division of the Legislative Services Commission.

(d)        The commission shall assure that sufficient funds are available within its appropriations before employing professional and clerical employees."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1975.