10 LC
35 1860S
The
House Committee on Appropriations offers the following substitute to HB
236:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
establish the "Georgia Government Accountability Act"; to provide for a short
title; to provide for legislative intent; to amend Chapter 4 of Title 50 of the
Official Code of Georgia Annotated, relating to the organization of the
executive branch generally, so as to provide for the duties and responsibilities
of the Legislative Sunset Advisory Subcommittee; to authorize the committee to
review and evaluate state agencies' productivity, efficiency, and
responsiveness; to provide for the automatic abolition of certain state
agencies; to provide for exceptions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 50 of the Official Code of Georgia Annotated, relating to the
organization of the executive branch generally, is amended by designating Code
Sections 50-4-1 through 50-4-7 as Article 1 and by adding a new article to read
as follows:
"ARTICLE
2
50-4-20.
This
article shall be known and may be cited as the 'Georgia Government
Accountability Act.' It is the intent of the General Assembly to establish a
method by which the efficiency of state government shall be reviewed and the
productivity of each agency evaluated. This article is meant to ensure that the
valuable resources of the state are best utilized and that state agencies are
held accountable for their service to the public and responsiveness to the needs
of the citizens of this state.
50-4-21.
(a)
The General Assembly shall establish the Legislative Sunset Advisory
Subcommittee to be composed of five members of the House of Representatives
appointed by the Speaker of the House who shall also be members of the House
Zero Based Budget Subcommittee of the Appropriations Committee and five members
of the Senate appointed by the President of the Senate. The members of the
subcommittee shall serve two-year terms concurrent with their terms as members
of the General Assembly. A cochairperson of the subcommittee shall be appointed
by the President of the Senate from the membership of the subcommittee, and a
cochairperson of the subcommittee shall be appointed by the Speaker of the House
from the membership of the subcommittee. The cochairpersons shall serve terms
of two years concurrent with their terms as members of the General Assembly.
Vacancies in an appointed member's position or in the offices of cochairperson
of the subcommittee shall be filled for the unexpired term in the same manner as
the original appointment. The subcommittee shall advise the General Assembly
regarding the agency sunset provisions as required by this article by reporting
to the House Zero Based Budget Subcommittee of the Appropriations Committee and
the Senate Budget Committee as may be designated by the President of the
Senate.
(b)
In carrying out its function under this article, the subcommittee may request,
through the cochairpersons, the assistance of any state agency or office. When
so requested, a state agency and its personnel shall assist the subcommittee and
may be required to appear before the subcommittee. The subcommittee or its
designated staff member may inspect, review, and copy the records, documents,
and files of any state agency. All information subject to public disclosure
shall be made available for review and copying within three business
days.
50-4-22.
(a)
The Legislative Sunset Advisory Subcommittee shall review all state agencies,
including all boards, departments, advisory committees, authorities, bureaus,
offices, and any other state entity of the executive branch of state government
regardless of its designation. The subcommittee shall be responsible for
establishing a schedule for the routine review of all such state agencies. Each
agency shall be scheduled for review a minimum of once every eight years. The
Legislative Sunset Advisory Subcommittee shall have the discretion to add any
agency to the review schedule or to modify an agency's scheduled
review.
(b)
Except as provided by this Code section, an agency subject to review by the
Legislative Sunset Advisory Subcommittee shall be abolished on July 1 following
the regularly scheduled session of the General Assembly which follows the report
of review issued by the subcommittee pursuant to Code Section 50-4-24 unless the
legislature by law continues the agency; however, an agency shall not be
abolished unless the General Assembly finds that the laws the agency is
responsible for implementing or enforcing have been repealed, revised, or
reassigned to another remaining agency and that adequate provision has been made
for the transfer from the abolished agency to a successor agency of all duties,
debts, and obligations, including those relating to bonds, loans, promissory
notes, lease-purchase agreements, installment sales contracts, financing
agreements, or any other form of indebtedness such that security therefor and
the rights of bondholders or holders of other indebtedness are not
impaired.
(c)
The Legislative Sunset Advisory Subcommittee shall make a report and
recommendation to the House Zero Based Budget Subcommittee of the Appropriations
Committee and the Senate Budget Committee as provided in Code Section 50-4-24.
If the General Assembly does not take action before the date of abolishment to
continue the agency, the agency shall submit its legislative budget request
consistent with the recommendations of the Legislative Sunset Advisory
Subcommittee.
(d)
Any agency established by constitutional provision shall not be subject to
automatic abolishment as provided in subsection (a) of this Code section.
Following the review and recommendations of the Legislative Sunset Advisory
Subcommittee, the House Zero Based Budget Subcommittee of the Appropriations
Committee and Senate Budget Committee shall review the constitutionally
established agency in the same manner and shall report to the General Assembly
any recommended constitutional amendments needed for the reorganizing or
abolishing of such constitutionally created agency.
(e)
Any board, commission, advisory council, or similar body included in the term
'agency' as defined in Code Section 50-4-1 which has not held an open public
meeting for a period of more than 12 months shall be considered automatically
abolished without the need for further agency review as required by this
article. The Legislative Sunset Advisory Subcommittee shall be responsible for
presenting legislation to repeal existing statutory provisions relating to the
abolished agency.
(f)
Except as may otherwise be expressly provided by law, abolishment of a state
agency shall not affect the rights and duties that matured, penalties that were
incurred, civil or criminal liabilities that arose, or proceedings that were
begun before the abolishment.
50-4-23.
(a)
Not later than 90 days following a request by the Legislative Sunset Advisory
Subcommittee, an agency shall provide the subcommittee with a report outlining
the agency's efficiency and productivity and the extent to which the agency
utilizes state resources to best meet the needs of the public.
(b)
The report required by this Code section shall, at a minimum, include the
following:
(1)
A comprehensive list of state programs and services performed by the agency,
including all special purpose activities undertaken to realize identifiable
goals and objectives in order to achieve the agency's mission and legislative
intent;
(2)
An accounting of state resources spent by the agency;
(3)
An explanation of factors that have contributed to any failure to achieve
legislated standards or directives;
(4)
The extent to which the agency has encouraged participation by the public in
making its rules and decisions and the extent to which public participation has
resulted in rules compatible with the objectives of the agency;
(5)
A statement of any statutory objectives intended for each program and activity,
the problem or need that the program and activity are intended to address, and
the extent to which these objectives have been achieved;
(6)
An assessment of the extent to which the jurisdiction of the agency and its
programs overlap or duplicate those of other agencies and the extent to which
those programs can be consolidated with those of other agencies;
(7)
A self-examining assessment of the agency's efficiency and areas of needed
improvement, including goals and objectives for improvement, and the means by
which the agency intends to meet these goals and objectives;
(8)
Recommendations for statutory or budgetary changes that would improve the
agency's programs and operations, reduce costs, or improve services to state
residents;
(9)
The effect of federal intervention or loss of federal funds if the agency, or
any of its programs or activities, is abolished;
(10)
An assessment of alternative methods of providing services for which the agency
is responsible which would reduce costs or improve performance while adequately
protecting the public interest;
(11)
A detailed summary of the agency's hiring and retention patterns for the
previous five years;
(12)
An assessment of the extent to which the agency has corrected any deficiencies
and implemented recommendations contained in any state or federal audits or
court decisions;
(13)
A list of all advisory committees and boards, whether established in statute or
by the agency; their purposes, activities, composition, and expenses; and an
assessment of the extent to which their purposes have been achieved and the
rationale for continuing or eliminating each advisory committee or
board;
(14)
A list of agency programs or functions that are performed without specific
statutory authority; and
(15)
Other information as requested by the subcommittee or any study committee
created under the subcommittee's direction.
(c)
Information and data reported by the agency shall be validated by the agency's
chief executive before submission to the subcommittee.
50-4-24.
(a)
No later than six months following the Legislative Sunset Advisory
Subcommittee's request for a report from an agency pursuant to Code Section
50-4-23, the subcommittee shall:
(1)
Review the information submitted by or concerning the agency;
(2)
Consult with or hear testimony from any individual, agency, private company, or
other expert as needed;
(3)
If the subcommittee deems necessary, hold public hearings to consider this
information as well as testimony; and
(4)
Present to the House Zero Based Budget Subcommittee of the Appropriations
Committee and the Senate Budget Committee or other standing budget committees of
the General Assembly as required by the President of the Senate or the Speaker
of the House of Representatives a report of review on an agency reviewed by the
subcommittee. In the report of review, the subcommittee shall include its
specific findings and recommendations regarding each agency reviewed and
indicate whether a public need exists for the continuation of an agency or for
the functions of the agency.
By
majority vote, the subcommittee may extend the time provided for review of an
agency if the subcommittee determines that additional time for review is needed
to adequately evaluate an agency.
(b)
The subcommittee shall consider the following criteria in determining whether a
public need exists for the continuation of a state agency or agency
function:
(1)
The efficiency with which the agency operates;
(2)
The statutory objectives of the agency and the problem or need that the agency
is intended to address, the extent to which the objectives have been achieved,
and any activities of the agency in addition to those granted by statute and the
authority for these activities;
(3)
An assessment of less restrictive or alternative methods of providing any
regulatory function for which the agency is responsible while adequately
protecting the public;
(4)
The extent to which an advisory committee or board is needed or
used;
(5)
The extent to which the jurisdiction of the agency and the programs administered
by the agency overlap or duplicate those of other agencies and the extent to
which the programs administered by the agency can be consolidated with the
programs of other agencies;
(6)
Whether the agency has recommended to the legislature statutory changes
calculated to be of benefit to the public;
(7)
The promptness and effectiveness with which the agency responds to the public's
complaints and the extent to which the agency has encouraged participation by
the public in making its rules and decisions;
(8)
The extent to which the agency has satisfied requirements of state law,
safeguarded public health, safety, and welfare, and utilized state
resources;
(9)
The extent to which the agency accurately reports performance measures used to
justify state spending on each of its activities, services, and
programs;
(10)
The effect of probable federal intervention or loss of federal funds if the
agency or an agency function is abolished; and
(11)
The extent to which changes are necessary in the enabling statutes of the agency
so that the agency can adequately comply with the criteria of this
article.
(c)
In its report of review, the subcommittee shall make recommendations to the
House Zero Based Budget Subcommittee of the Appropriations Committee and the
Senate Budget Committee on the abolition, continuation, or reorganization of
such agency and on the need for the continuation of the functions of the agency.
The report of review shall also make recommendations on the consolidation,
transfer, or reorganization of an agency's programs when those programs are
duplicated by another agency.
(d)
It shall be the responsibility of the Legislative Sunset Advisory Subcommittee
to prepare drafts of legislation necessary to carry out the subcommittee's
recommendations."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.