§ 120-76. Powers and duties of the Commission.
§ 120‑76. Powers andduties of the Commission.
The Commission shall have thefollowing powers:
(1) To conduct programevaluation studies of the various components of State agency activity as theyrelate to:
a. Service benefits ofeach program relative to expenditures;
b. Achievement ofprogram goals;
c. Use of indicators bywhich the success or failure of a program may be gauged; and
d. Conformity withlegislative intent.
(2) To study legislationwhich would result in new programs with statewide implications for feasibilityand need. These studies may be jointly conducted with the Fiscal ResearchDivision of the Legislative Services Commission.
(3) To study on acontinuing basis the implementation of State government reorganization withrespect to:
a. Improvements inadministrative structure, practices and procedures;
b. The relativeeffectiveness of centralization and decentralization of management decisionsfor agency operation;
c. Opportunities foreffective citizen participation; and
d. Broadening of careeropportunities for professional staff.
(4) To make such studiesand reports of the operations and functions of State government as it deemsappropriate or upon petition by resolution of either the Senate or the House ofRepresentatives.
(5) To produce routinewritten reports of findings for general legislative and public distribution.Special attention shall be given to the presentation of findings to theappropriate committees of the Senate and the House of Representatives. Iffindings arrived at during a study have a potential impact on either thefinance or appropriations deliberations, such findings shall immediately bepresented to the committees. Such reports shall contain recommendations forappropriate executive action and when legislation is considered necessary toeffect change, draft legislation for that purpose may be included. Such reportsas are submitted shall include but not be limited to the following matters:
a. Ways in which theagencies may operate more economically and efficiently;
b. Ways in whichagencies can provide better services to the State and to the people; and
c. Areas in whichfunctions of State agencies are duplicative, overlapping, or failing toaccomplish legislative objectives, or for any other reason should be redefined orredistributed.
(6) To devise a system,in cooperation with the Fiscal Research Division of the Legislative ServicesCommission, whereby all new programs authorized by the General Assemblyincorporate an evaluation component. The results of such evaluations may bemade to the Appropriations Committees at the beginning of each regular session.
(7) To evaluate andapprove or deny requests from the Department of Transportation regarding thefunding of federally eligible construction projects as provided in the fourthparagraph of G.S. 136‑44.2.
(8) The JointLegislative Commission on Governmental Operations shall be consulted by theGovernor before the Governor does any of the following:
a. Repealed by SessionLaws 2007‑117, s. 2, effective July 1, 2007.
b. Authorizesexpenditures in excess of the total requirements of a purpose or program asenacted by the General Assembly and as provided by G.S. 143C‑6‑4.
c. Proceeds to reduceprograms subsequent to a reduction of ten percent (10%) or more in the federalfund level certified to a department and any subsequent changes in distributionformulas.
d. Takes extraordinarymeasures under Article III, Section 5(3) of the Constitution to effectnecessary economies in State expenditures required for balancing the budget dueto a revenue shortfall, including, but not limited to, the following: loansamong funds, personnel freezes or layoffs, capital project reversions, programeliminations, and use of reserves. However, if the Committee fails to meetwithin 10 calendar days of a request by the Governor for its consultation, theGovernor may proceed to take the actions he feels are appropriate and necessaryand shall then report those actions at the next meeting of the Commission.
e. Approves a newcapital improvement project funded from gifts, grants, receipts, special funds,self‑liquidating indebtedness, and other funds or any combination offunds for the project not specifically authorized by the General Assembly. Thebudget for each capital project must include projected revenues in an amountnot less than projected expenditures. (1975, c. 490; 1981, c. 859, s. 87; 1996, 2nd Ex.Sess., c. 18, s. 7.4(a); 1997‑443, s. 7.8(e); 2005‑276, s. 6.7(a);2006‑203, s. 62; 2007‑117, s. 2.)