Bill Text: IN SB0182 | 2011 | Regular Session | Introduced
Bill Title: Evaluation of agencies and programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Appropriations [SB0182 Detail]
Download: Indiana-2011-SB0182-Introduced.html
Citations Affected: IC 2-5; IC 4-24.5.
Synopsis: Evaluation of agencies and programs. Provides procedures
to evaluate and terminate all state agencies and programs on a ten year
cycle. Requires the schools of public and environmental affairs or
business schools of Indiana University, Purdue University, Ball State
University, Indiana State University, and the University of Southern
Indiana to develop internship programs to give credit to students who
perform the evaluation of state agencies and programs, and requires the
universities to provide the evaluation service under the direction of the
legislative services agency. Makes necessary appropriations to
implement termination of an agency or agency program. Repeals the
current agency evaluation process.
Effective: Upon passage.
January 5, 2011, read first time and referred to Committee on Appropriations.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration and to make an appropriation.
(b) The council shall distribute one (1) copy to the governor's office, one (1) copy to the budget agency, and three (3) copies to the state library.
(c) The reports are a public record and are open to inspection.
ARTICLE 24.5. EVALUATION AND TERMINATION OF
AGENCIES AND PROGRAMS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Agency" refers to a state agency (as defined in
IC 4-13-1-1(b)).
Sec. 3. "Committee" refers to a committee established under
IC 4-24.5-2.
Sec. 4. "Council" refers to the legislative council established by
IC 2-5-1.1-1.
Sec. 5. "Evaluating entity" refers to:
(1) the staff of the legislative services agency; or
(2) the school of public and environmental affairs or business
school of a state educational institution in Indiana;
performing an evaluation of an agency or a program.
Sec. 6. "Program" means either of the following:
(1) An activity performed by an agency.
(2) An activity that an agency is authorized or required to
perform by law.
Chapter 2. Evaluation Committee
Sec. 1. (a) At the time each major subject matter group of
agencies or programs is evaluated under this article, the council
shall establish a committee of sixteen (16) members, with eight (8)
members from each chamber of the general assembly and not more
than four (4) members from each chamber from the same political
party.
(b) The speaker of the house of representatives and the
president pro tempore of the senate shall each recommend
members of relevant standing committees for appointment to a
committee for each agency, group of agencies, or programs being
evaluated.
(c) The chairman of the council, with the advice of the vice
chairman of the council, shall appoint the members of each
committee.
(d) An individual serves as a member of a committee until the
earliest of the following:
(1) The individual resigns as a member of the committee.
(2) The individual ceases to be a member of the general
assembly.
(3) The chairman of the council appoints a member to replace
the individual.
(e) The chairman of the council, with the advice of the vice
chairman of the council, shall fill a vacancy on a committee.
(f) When making appointments to a committee, the chairman of
the council, with the advice of the vice chairman of the council,
shall appoint a member of each committee as the chair of the
committee.
(g) The chair of a committee serves until the earliest of the
following:
(1) The individual resigns as chair.
(2) The individual ceases to be a member of the committee.
(3) The chairman of the council appoints a member to replace
the individual.
(h) A committee shall be appointed for agencies and programs
before July 1 of the year in which the agencies and programs are
required to be evaluated under this article.
Sec. 2. Each committee shall do the following under the
direction of the council:
(1) Direct the staff of the legislative services agency to oversee
each evaluation under this article.
(2) Designate the school of public and environmental affairs
or business school of a state educational institution to perform
the evaluation of each agency or program scheduled for
evaluation.
(3) Direct the evaluating entities in performing each
evaluation of agencies and programs.
(4) Perform other functions assigned by the council.
(5) Review the evaluations and make recommendations to the
general assembly.
Chapter 3. Evaluation Process
Sec. 1. The following must be considered by an evaluating entity
in performing evaluations of agencies or programs under this
article:
(1) The objectives intended for the agency or program and the
problem or need that the agency or program was intended to
address.
(2) The degree to which the intended objectives of the agency
or program have been achieved, expressed in terms of
performance, effect, or accomplishments of the agency or
program.
(3) Budget and other fiscal factors relating to the agency or
program.
(4) Areas or aspects of outstanding agency or program
performance that might be effectively used by other agencies
or programs.
(5) The effect of the agency or program on the Indiana
economy, including costs to consumers and businesses.
(6) Whether the operation of the agency or program has been
efficient and responsive to public needs.
(7) The management efficiency of the agency or program and
the cost effectiveness and value of the information the agency
or program processes.
(8) Any criteria identified by the committee or council.
Sec. 2. In evaluating an agency or program, an evaluating entity
shall use the following:
(1) The cost benefit and cost effectiveness analysis techniques
used by the federal government to evaluate and reengineer
government programs, as set out in the circulars published by
the United States Office of Management and Budget and
related documents, including the following:
(A) OMB Circular No. A-4 (development of regulatory
analysis).
(B) OMB Circular No. A-76 (policy for the competition of
commercial activities).
(C) OMB Circular No. A-94 (discount rates for
cost-effectiveness, lease purchase, and related analyses).
(D) OMB Circular No. A-131 (use value engineering as a
management tool, where appropriate, to reduce program
and acquisition costs).
(2) Other tools recommended by the:
(A) council;
(B) committee;
(C) legislative services agency; or
(D) participating state educational institutions.
Sec. 3. (a) The council shall direct each committee concerning
the agency or programs the committee is to evaluate.
(b) The committee shall direct the legislative services agency
concerning support and oversight of the evaluation.
(c) The committee, through the legislative services agency, shall:
(1) choose the state educational institution to perform the
evaluation; and
(2) supervise the state educational institution during the:
(A) performance of the evaluation;
(B) preparation of the report; and
(C) preparation of legislation;
for the committee.
Sec. 4. Each state educational institution shall direct its school of public and environmental affairs or business to work with the legislative services agency to evaluate agencies and programs.
Sec. 5. The dean of each state educational institution shall appoint a tenured faculty member to oversee the evaluation program of the school under section 4 of this chapter and to act as liaison between the school and the legislative services agency during the evaluation process.
Sec. 6. An evaluation program under section 4 of this chapter must be designed to give graduate students and undergraduate students of the state educational institution an opportunity to participate in the evaluation program as unpaid interns.
Sec. 7. (a) Each state educational institution shall offer elective courses to undergraduate and graduate students that allow interns in an evaluation program under section 4 of this chapter to:
(1) receive college credit for participating in the internship program;
(2) receive sufficient education, counseling, and course work; and
(3) have access to computers and other equipment to successfully complete the internship.
(b) Courses offered under subsection (a) shall be submitted to the commission for higher education in the same manner as other proposed academic programs.
Sec. 8. Internship responsibilities and qualifications shall be developed by each state educational institution, with advice from the legislative services agency, to assist students in developing skills in:
(1) math;
(2) computers; and
(3) management analysis;
that are readily transferrable to public and private employment.
Sec. 9. A committee shall do the following:
(1) Review evaluation reports.
(2) Take testimony regarding evaluation reports and other sources the committee considers related to the committee's work.
(3) Make recommendations for legislation regarding evaluated programs and agencies to:
(A) retain the agencies and programs without change;
(B) change functions of the agencies and programs;
(C) transfer functions of certain agencies to other agencies;
or
(D) recommend administrative changes.
Sec. 10. (a) The following apply to the operation of a committee:
(1) A committee shall operate under the policies governing
study committees adopted by the council unless the council
specifically establishes additional guidelines for operation of
a committee under this article.
(2) The affirmative votes of a majority of the voting members
appointed to a committee are required for the committee to
take action on any measure, including final reports.
(b) The legislative services agency shall provide staff and
administrative support for each committee as directed by the
council.
(c) A committee shall prepare reports as required by the
council.
Chapter 4. Agency Responsibilities
Sec. 1. The chief administrative officer and the employees of an:
(1) agency; or
(2) agency that administers a program;
that is subject to evaluation under this article shall cooperate with
the council, a committee, or an evaluating entity as evaluating
duties are performed under this article.
Sec. 2. The chief administrative officer and the employees of an
agency subject to evaluation or an agency that administers a
program subject to evaluation under this article shall provide the
legislative services agency and the state educational institution
performing the evaluation with the following information upon
request:
(1) The identity of all agencies or subunits under the agency's
direct or advisory control.
(2) A statement of all the agency's powers, duties, and
functions currently performed.
(3) A citation to all constitutional, statutory, or other
authority under which the agency carries out the agency's
powers, duties, and functions.
(4) A statement of the number and types of persons the agency
serves.
(5) A summary statement, for the last completed fiscal year,
of the number, type, and cost of personnel the agency:
(A) directly employs; and
(B) employs under contract;
to carry out each program administered by the agency.
(6) A statement identifying the source of all funds for which the agency has at least some responsibility.
(7) A statement of the agency's performance and accomplishments over the last five (5) fiscal years and of the budgetary costs the agency incurred in the operation of each program administered by the agency.
(8) A summary statement of:
(A) the agency's reporting and record keeping requirements and activities, including the agency's management and control of information and records;
(B) the value of the information gathered by the agency compared with the cost to respondents; and
(C) an assessment of the agency's methods to reduce and simplify the agency's reporting and record keeping requirements.
(9) A summary statement of the agency's budget and program for the last five (5) fiscal years and the current fiscal year, and the agency's budget projections for the next succeeding fiscal year.
(10) An estimate of potential outputs of services to be produced by varying levels of budgetary inputs.
(11) A statement concerning any powers, duties, or functions that in the agency's opinion are being performed and duplicated to any extent by another public or private program or entity, including:
(A) the manner in which and the extent to which this duplication of effort is occurring; and
(B) any recommendations the agency has to eliminate the duplication.
(12) A statement of any powers, duties, or functions that in the agency's opinion are inconsistent with current and projected public demands and that should be terminated or altered.
(13) A statement listing the private programs or entities with which the agency has substantial contacts and a description of the nature of those contacts.
(14) Any other information that the committee or evaluating entity determines is necessary to complete the evaluation.
Chapter 5. Agency Termination
Sec. 1. (a) The agencies and programs described in subsection (d) concerning education are scheduled to be:
(1) evaluated beginning not later than July 1, 2011; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2013.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2011. The
committee appointed under this subsection terminates June 30,
2014.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
described in subsection (d) beginning July 1, 2011. The evaluating
entity shall complete a report on the agencies and programs for
presentation to the committee by April 1, 2012. The committee
shall consider the report for the introduction of legislation for the
2013 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Department of education (IC 20-19-3) and all programs
for which the department of education received an
appropriation in the 2011 budget bill.
(2) Indiana state teachers' retirement fund (IC 5-10.4-2-1).
(3) Indiana education employment relations board
(IC 20-29-3-1).
(4) Indiana state library (IC 4-23-7-3).
(5) Indiana arts commission (IC 4-23-2-1).
(6) Indiana historical bureau (IC 4-23-7-3).
Sec. 2. (a) The agencies and programs described in subsection
(d) concerning health and human services are scheduled to be:
(1) evaluated under this article beginning July 1, 2012; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2014.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2012. The
committee appointed under this subsection terminates June 30,
2015.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
described in subsection (d) beginning not later than July 1, 2012.
The evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2013. The
committee shall consider the report for the introduction of
legislation for the 2014 regular legislative session.
(d) The office of the secretary of family and social services
(IC 12-8-1-1) and all offices, divisions, and programs administered
by the office of the secretary of family and social services are
scheduled for evaluation and termination under this section.
Sec. 3. (a) The agencies and programs described in subsection
(d) concerning health and human services are scheduled to be:
(1) evaluated under this article beginning July 1, 2013; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2015.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2013. The
committee appointed under this subsection terminates June 30,
2016.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
described in subsection (d) beginning not later than July 1, 2013.
The evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2014. The
committee shall consider the report for the introduction of
legislation for the 2015 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Department of child services (IC 31-25-1-1) and all
programs administered by the department.
(2) State department of health (IC 16-19-1-1) and all
programs administered by the department.
(3) Indiana tobacco use prevention and cessation executive
board (IC 4-12-4-4) and all programs administered by the
board.
(4) Indiana School for the Blind and Visually Impaired
(IC 20-21-2-1).
(5) Indiana School for the Deaf (IC 20-22-2-1).
(6) Indiana department of veterans' affairs (IC 10-17-1-2).
Sec. 4. (a) The Indiana department of transportation
(IC 8-23-2-1) is scheduled to be:
(1) evaluated under this article beginning July 1, 2014; and
(2) terminated and all powers, duties, and functions adhering
to the department terminated effective June 30, 2016.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2014. The
committee appointed under this subsection terminates June 30,
2017.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the Indiana department of
transportation beginning not later than July 1, 2014. The
evaluating entity shall complete a report on the Indiana
department of transportation for presentation to the committee by
April 1, 2015. The committee shall consider the report for the
introduction of legislation for the 2016 regular legislative session.
Sec. 5. (a) The agencies and programs listed in subsection (d)
concerning public safety are scheduled to be:
(1) evaluated under this article beginning July 1, 2015; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2017.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2015. The
committee appointed under this subsection terminates June 30,
2018.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
listed in subsection (d) beginning not later than July 1, 2015. The
evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2016. The
committee shall consider the report for the introduction of
legislation for the 2017 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Department of correction (IC 11-8-2-1).
(2) State police department (IC 10-11-2-4).
(3) Integrated public safety commission (IC 5-26-2-1).
(4) Adjutant general (IC 10-16-2-1).
(5) Indiana criminal justice institute (IC 5-2-6-3).
(6) Coroners training board (IC 4-23-6.5-3).
(7) Indiana department of gaming research (IC 4-33-18-2).
Sec. 6. (a) The agencies and programs listed in subsection (d)
concerning public safety are scheduled to be:
(1) evaluated under this article beginning July 1, 2016; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2018.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2016. The
committee appointed under this subsection terminates June 30,
2019.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
listed in subsection (d) beginning not later than July 1, 2016. The
evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2017. The
committee shall consider the report for the introduction of
legislation for the 2018 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Law enforcement training board (IC 5-2-1-3).
(2) Bureau of motor vehicles (IC 9-14-1-1).
(3) Department of labor (IC 22-1-1-1).
(4) Department of insurance (IC 27-1-1-1).
(5) Alcohol and tobacco commission (IC 7.1-2-1-1).
(6) Department of financial institutions (IC 28-1).
(7) Civil rights commission (IC 22-9-1-4).
(8) Indiana professional licensing agency (IC 25-1-5-3).
(9) Office of utility consumer counselor (IC 8-1-1.1-2).
(10) Indiana utility regulatory commission (IC 8-1-1-2).
(11) Worker's compensation board of Indiana (IC 22-3-1-1).
(12) Department of homeland security (IC 10-19-2-1).
Sec. 7. (a) The agencies and programs listed in subsection (d)
concerning economic development are scheduled to be:
(1) evaluated under this article beginning July 1, 2017; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2019.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2017. The
committee appointed under this subsection terminates June 30,
2020.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
listed in subsection (d) beginning not later than July 1, 2017. The
evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2018. The
committee shall consider the report for the introduction of
legislation for the 2019 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Department of agriculture (IC 15-11-2-1).
(2) Indiana economic development corporation (IC 5-28-3-1).
(3) Indiana finance authority (IC 4-4-11).
(4) Indiana housing and community development authority
(IC 5-20-1-3).
(5) Department of workforce development (IC 22-4-18-1).
Sec. 8. (a) The agencies and programs listed in subsection (d)
concerning conservation and environment are scheduled to be:
(1) evaluated under this article beginning July 1, 2018; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2020.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2018. The
committee appointed under this subsection terminates June 30,
2021.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
listed in subsection (d) beginning not later than July 1, 2018. The
evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2019. The
committee shall consider the report for the introduction of
legislation for the 2020 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) Department of natural resources (IC 14-9-1-1).
(2) Indiana war memorials commission (IC 10-18-1-2).
(3) Indiana White River state park development commission
(IC 14-13-1-5).
(4) St. Joseph River basin commission (IC 14-30-3-5).
(5) Department of environmental management (IC 13-13-1-1).
(6) Office of environmental adjudication (IC 4-21.5-7-3).
Sec. 9. (a) The agencies and programs listed in subsection (d)
concerning general government are scheduled to be:
(1) evaluated under this article beginning July 1, 2019; and
(2) terminated and all powers, duties, and functions adhering
to them terminated effective June 30, 2021.
(b) The council shall appoint a committee to oversee the
evaluations under this section not later than July 1, 2019. The
committee appointed under this subsection terminates June 30,
2022.
(c) The committee appointed under subsection (b) shall direct an
evaluating entity to begin evaluating the agencies and programs
listed in subsection (d) beginning not later than July 1, 2019. The
evaluating entity shall complete a report on the agencies and
programs for presentation to the committee by April 1, 2020. The
committee shall consider the report for the introduction of
legislation for the 2021 regular legislative session.
(d) The following agencies and programs are scheduled for
evaluation and termination under this section:
(1) State board of accounts (IC 5-11-1-1).
(2) Office of management and budget (IC 4-3-22-3).
(3) Budget agency (IC 4-12-1-3).
(4) Department of state revenue (IC 6-8.1-2-1).
(5) Indiana horse racing commission (IC 4-31-3-1).
(6) Department of local government finance (IC 4-22-5).
(7) Indiana board of tax review (IC 6-1.5-2-1).
(8) Indiana department of administration (IC 4-13-1-2).
(9) State personnel department (IC 4-15-1.8-2).
(10) Office of technology (IC 4-13.1-2-1).
(11) Commission on public records (IC 5-15-5.1-3).
(12) Office of the public access counselor (IC 5-14-4-5).
(13) Office of the inspector general (IC 4-2-7-2).
Sec. 10. Each agency or program that is not terminated under this chapter is subject to the evaluation and termination process ten (10) years after the initial evaluation under this chapter and every ten (10) years thereafter.
Sec. 11. (a) The governor, by executive order, may delay the date on which an agency or a program is terminated for one (1) year beyond the date of termination specified by the council, if, in the governor's opinion, the delay will have a beneficial effect for the state on the:
(1) orderly and adequate provision of government services;
(2) safety of persons or property;
(3) economy;
(4) natural environment; or
(5) well-being of individuals.
(b) There is appropriated to any agency or program for which the governor delays the date of termination the same sum from the same sources of funds that the agency or program received for its appropriation in the fiscal year before its original date for termination.
(c) All powers, duties, and functions of an agency or a program for which the governor delays the date of termination continue in full force and effect during the delay period.
(d) An agency or a program may not be continued by executive order for more than one (1) period of one (1) year.
Chapter 6. Termination Procedures
Sec. 1. An agency or a program is terminated under this article unless the general assembly enacts legislation to continue the agency or program. If an agency or a program is terminated under this article, the procedures in this chapter apply.
Sec. 2. Any balance in any fund appropriated for an agency or a program that is terminated reverts to the fund from which the appropriation was made.
Sec. 3. If the functions of an agency or a program are transferred to another state agency or program, the balance of any money appropriated to the agency or program from which the duties were transferred shall be transferred to the agency or program responsible for continuing the duties of the agency or program.
Sec. 4. All assets and liabilities of an agency or a program that is terminated shall be disposed of or redistributed according to the legislation enacted to terminate or transfer the agency or program.
Sec. 5. The governor shall take action necessary to effect an orderly termination of an agency or a program that is terminated under this chapter.
Chapter 7. New Agencies
Sec. 1. A proposal to create a new agency or program must include a cost benefit analysis of the services to be provided by the new agency or program using the criteria in IC 4-24.5-3.
Sec. 2. If legislation creating a new agency or program after June 30, 2011, does not include a provision setting the date for termination of the agency or program, the council shall add the agency or program to the list of agencies or programs under IC 4-24.5-5-1 through IC 4-24.5-5-9 most closely related to the agency or program and shall evaluate the agency or program with the agencies or programs with similar functions.
