GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1182

Short Title:  Program Evaluation by Gov. Ops.	(Public)
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Sponsors: Representatives Jack Hunt; Albertson, Anderson, Bowman, Church, Diamont, Ethridge, Fletcher, Fussell, Gamble, Hasty, Holt, Judy Hunt, R. Hunter, Hurley, James, Lilley, Lutz, Miller, Nesbitt, Nye, Ramsey, Redwine, Rogers, Stamey, and Thompson.
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Referred to:  Rules, Appointments and Calendar.
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May 9, 1991

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO ENABLE THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS TO CARRY OUT PERIODIC PROGRAM EVALUATION STUDIES OF STATE AGENCIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 120-71 reads as rewritten:
"§ 120-71. Purpose.
The rapid increase in the functions and costs of State government and the complexity of agency operations deeply concern the General Assembly. Members of the General Assembly have the ultimate responsibility for making public policy decisions and deciding on appropriations of public moneys. Knowledge of the public service needs being met, having evidence as to whether previous policy and appropriations have resulted in expected program benefits, and data on how State government reorganizations have affected agency operations are most important.
Legislative examination and review of public policies, expenditures and reorganization implementation as an integral part of legislative duties and responsibilities should be strengthened. For the purpose of performing such continuing examination and evaluation of State agencies, and their actual effectiveness in programming and in carrying out procedures under reorganization, the General Assembly herein provides for the continuing review of operations of State government."
Sec. 2.  G.S. 120-72 reads as rewritten:
"§ 120-72. Definition.
For the purposes of this Article, 'program evaluation' 	means an examination of the programs an agency is authorized to perform.  The examinations shall include:
(1)	The specific purpose or goal of each program, and the specific public benefit derived from it in relation to its identifiable cost;
(2)	The development of indicators by which the success or failure of a program to achieve its goals may be gauged;
(3)	The identifiable cost of the programs;
(4)	The effectiveness of the management and administration of the programs;
(5)	A review of whether the implementation of programs conforms with legislative intent; and
(6)	The impact of non-State funds on agency programs."
Sec. 3.  G.S. 120-73 reads as rewritten:
"§ 120-73. Commission established.
There is hereby established the Joint Legislative Commission on Governmental Operations, hereinafter called the Commission, which shall conduct on a periodic basis evaluative studies of the programs, policies, practices and procedures of the various departments, agencies, and institutions of State government."
Sec. 4.  G.S. 120-76 reads as rewritten:
"§ 120-76. Powers and duties of the Commission.
The Commission shall have the following powers:
(1)	To conduct program evaluation studies of the various components of State agency 
					activity on a periodic basis in accordance with a schedule the Commission adopts.  The Commission shall begin a program evaluation study of the Department of Transportation in October of 1991.
(2)	To study legislation which would result in new programs with statewide implications for feasibility and need. These studies may be jointly conducted with the Fiscal Research Division of the Legislative Services Commission.
(3)	To study on a continuing basis the implementation of State government reorganizations with respect to:
a.	Improvements in administrative structure, practices and procedures;
b.	The relative effectiveness of centralization and decentralization of management decisions for agency operation;
c.	Opportunities for effective citizen participation; and
d.	Broadening of career opportunities for professional staff.
(4)	To make such studies and reports of the operations and functions of State government as it deems appropriate or upon petition by resolution of either the Senate or the House of Representatives.
(5)	To produce routine written reports of findings for general legislative and public distribution. Special attention shall be given to the presentation of findings to the appropriate committees of the Senate and the House of Representatives. If findings arrived at during a study have a potential impact on either the finance or appropriations deliberations, such findings shall immediately be presented to the committees. Such reports shall contain recommendations for appropriate executive action and when legislation is considered necessary to effect change, draft legislation for that purpose may be included. Such reports as are submitted shall include but not be limited to the following matters:
a.	Ways in which the agencies may operate more economically and efficiently;
b.	Ways in which agencies can provide better services to the State and to the people; and
c.	Areas in which functions of State agencies are duplicative, overlapping, or failing to accomplish legislative objectives, or for any other reason should be redefined or redistributed.
(6)	To devise a system, in cooperation with the Fiscal Research Division of the Legislative Services Commission, whereby all new programs authorized by the General Assembly incorporate an evaluation component. The results of such evaluations may be made to the Appropriations Committees at the beginning of each regular session.
(7)	To evaluate and approve or deny requests from the Department of Transportation regarding the funding of federally eligible construction projects as provided in the fourth paragraph of G.S. 136-44.2."
Sec. 5.  G.S. 120-79 reads as rewritten:
"§ 120-79. Commission staffing.
(a)	The Commission shall use available secretarial employees of the General Assembly, or may employ, and may remove, such professional and clerical employees as the Commission deems proper. The chairmen may assign and direct the activities of the employees of the Commission, subject to the advice of the Commission.
(b)	The employees of the Commission shall receive salaries that shall be fixed by the Legislative Services Commission and shall receive travel and subsistence allowances fixed by G.S. 138-6 and 138-7 when such travel is approved by either chairman, subject to the advice of the Commission. The employees of the Commission shall not be subject to the Executive Budget Act or to the State Personnel Act.
(c)	The Commission may use employees of the Fiscal Research Division of the Legislative Services Commission.
The Fiscal Research Division shall establish a program evaluation team to assist the Commission in carrying out its duties under G.S. 120-73 and G.S. 120-76(1).  The State Auditor shall also cooperate and assist the Commission in carrying out its duties under G.S. 120-73 and G.S. 120-76(1).
(d)	The Commission shall assure that sufficient funds are available within its appropriations before employing professional and clerical employees."
Sec. 6. There is appropriated from the General Fund to the General Assembly the sum of $250,000 for the 1991-92 fiscal year and the sum of $250,000 for the 1992-93 fiscal year to enable the Fiscal Research Division to establish a program evaluation team to assist the Joint Legislative Commission on Governmental Operations in carrying out its duties under G.S. 120-73 and G.S. 120-76(1).
Sec. 7.  This act becomes effective July 1, 1991.