Citations Affected: IC 2-5; IC 4-24.5.
Synopsis: Evaluation of agencies and programs. Establishes
procedures for the evaluation and termination of all state agencies and
programs on a ten year cycle. Requires the school 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 law on the legislative evaluation
and oversight of agencies and programs.
Effective: Upon passage.
January 4, 2012, read first time and referred to Committee on Appropriations.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
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 the evaluation of
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
the evaluation for which the committee was established 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 the agency, group of agencies, or programs
scheduled for evaluation by the committee.
(3) Direct the evaluating entities in performing the 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 an evaluation of an agency or program 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.
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 may provide 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 should be terminated or
altered.
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 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, 2014; and
(2) terminated, along with all powers, duties, and functions
adhering to them, 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 agencies and programs
described in subsection (d) beginning not later than July 1, 2014.
The evaluating entity shall complete a report on the agencies and
programs 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.
(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 School for the Blind and Visually Impaired
(IC 20-21-2-1).
(4) Indiana School for the Deaf (IC 20-22-2-1).
(5) 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, 2015; and
(2) terminated and all powers, duties, and functions adhering
to the department 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 Indiana department of
transportation beginning not later than July 1, 2015. The
evaluating entity shall complete a report on the Indiana
department of transportation 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.
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, 2016; and
(2) terminated, along with all powers, duties, and functions
adhering to them, 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) 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) Military department (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) are
scheduled to be:
(1) evaluated under this article beginning July 1, 2017; and
(2) terminated, along with all powers, duties, and functions
adhering to them, 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) 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) are
scheduled to be:
(1) evaluated under this article beginning July 1, 2018; and
(2) terminated, along with all powers, duties, and functions
adhering to them, 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 agriculture (IC 15-11-2-1).
committee shall consider the report for the introduction of
legislation for the 2022 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 4-15-2.2-13).
(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 this chapter 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
council shall, at the first meeting of the council following the
adjournment of the 2012 session of the general assembly,
immediately establish a committee to study the way money is
received by the state and transferred to the appropriate funds or
accounts.
(b) The committee consists of eight (8) members of the general
assembly. The speaker of the house of representatives shall appoint
four (4) members of the house of representatives, not more than
two (2) of whom shall be of the same political party, as members of
the committee, and the president pro tempore of the senate shall
appoint four (4) members of the senate, not more than two (2) of
whom shall be of the same political party, as members of the
committee.
(c) The committee shall:
(1) direct the staff of the legislative council to conduct the
study required under subsection (a); or
(2) contract with any evaluating entity, or any other entity to
conduct the study.
(d) Not later than November 1, 2012, the committee shall report
to the council on any findings and recommendations based on the
study including any legislation needed for introduction in the 2013
session of the general assembly to ensure the proper distribution of
revenue received by the state and the proper reporting of revenue
received.
(e) This section expires December 31, 2012.