2A.7 - STATE GOVERNMENT OVERSIGHT AND PROGRAM EVALUATION.

        2A.7  STATE GOVERNMENT OVERSIGHT AND PROGRAM
      EVALUATION.
         1.  The general assembly shall independently and intensively
      review and oversee the performance of state agencies in the operation
      of state programs to evaluate the efficiency and effectiveness of the
      state programs and to consider alternatives which may improve the
      benefits of such programs or may reduce their costs to the citizens
      of the state.  The legislative services agency shall provide
      technical and professional support for the general assembly's
      oversight responsibility.
         2.  The general assembly by concurrent resolution or the
      legislative council may direct the legislative services agency to
      conduct a program evaluation of any state agency.  Upon the passage
      of the concurrent resolution or receiving the direction of the
      legislative council, the director of the legislative services agency
      shall inform the chairpersons of the committees responsible for
      appropriations of the anticipated cost of the program evaluation and
      the number and nature of any additional personnel needed to conduct
      the program evaluation and shall notify the official responsible for
      the program to be evaluated.  The director, after consulting with the
      responsible official and the entity requesting the program
      evaluation, shall determine the goals and objectives of the state
      agency or state program for the purpose of the program evaluation.
         3.  In conducting the program evaluation, the legislative services
      agency may make certain determinations including but not limited to
      the following:
         a.  The organizational framework of the state agency, its
      adequacy and relationship to the overall structure of state
      government, and whether the program under the agency's jurisdiction
      could be more effective if consolidated with another program,
      transferred to another program, or modified, or whether the program
      should be abolished.
         b.  Whether the state agency is conducting programs and
      activities and expending funds appropriated to the state agency in
      compliance with state and federal law and any executive order of the
      governor, and whether statutory or administrative rule changes are
      advisable.
         c.  Whether the state agency is conducting authorized
      activities and programs pursuant to goals and objectives established
      by statute or rule, specific legislative intent, the budget, the
      governor, or a strategic or other long-range plan, and whether
      alternatives which might produce the desired results at a lower cost
      have been considered.
         d.  Whether the state agency is conducting programs and
      activities and expending funds appropriated to the state agency in an
      efficient and effective manner, has complied with all applicable
      laws, and, if not, determine the causes for such inefficiency,
      ineffectiveness, or noncompliance.
         e.  Relationships within and among other governmental agencies
      and programs including financial exchanges, coordination,
      inconsistent programs, and areas of duplication or overlapping
      programs.
         f.  The productivity of the state agency's operations measured
      in terms of cost-benefit relationships or other accepted measures of
      effectiveness.
         g.  Other criteria determined by the director.
         4.  Upon the completion of the program evaluation and preparation
      of a report on the evaluation, the legislative services agency shall
      provide a copy of the report to the governing official or board of
      the state agency and afford the state agency a reasonable opportunity
      to respond to the findings and recommendations of the report.  The
      response shall be included in the final version of the report
      released to the general assembly or the legislative council.  Until
      its release the report shall be regarded as confidential by all
      persons properly having custody of the report.  
         Section History: Recent Form
         2003 Acts, ch 35, §7, 49
         Referred to in § 2A.4