HB2015 S GOV AM #1

Bailey 7965

            The Committee on Government Organization moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

            That §4-10-3, §4-10-7 and §4-10-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 10. PERFORMANCE REVIEW ACT.

§4-10-3. Definitions.

            As used in this article, unless the context clearly indicates a different meaning:

            (a) “Agency” or “state agency” means a state governmental entity, including any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity in the State of West Virginia.

            (b) “Agency review” means a review performed on all agencies of a department pursuant to the provisions of this article.

            (c) “Committee” means the Joint Committee on Government Operations.

            (d) “Compliance review” means a review for compliance with recommendations contained in a previous agency review or regulatory board review conducted pursuant to the provisions of this article and may include further inquiry of other issues as directed by the President, the Speaker, the Legislative Auditor, the committee or the joint standing committee.

            (e) “Department” means the departments created within the executive branch, headed by a secretary appointed by the Governor, as authorized by the Code of West Virginia; all offices of the members of the Board of Public Works; and the Legislature.

            (f) “Department presentation” means a presentation by a department pursuant to the provisions of this article.

            (g) “Division” means the Performance Evaluation and Research Division of the Legislative Auditor or any other division of the Legislative Auditor’s office which may be needed to assist with the requirements of this article.

            (h) “Joint standing committee” means the Joint Standing Committee on Government Organization.

            (i) “Privatize” means a contract to procure the services of a private vendor to provide a service that is similar to, and/or in lieu of, a service provided by a state agency.

            (j) “Regulatory Board” means a board that regulates professions and occupations, created under the provisions of chapter thirty of this code.

            (k) “Regulatory Board Review” means a review performed on a regulatory board pursuant to the provisions of this article.

§4-10-7. Agency review.

            (a) The committee and the joint standing committee shall conduct agency reviews, or authorize the division Legislative Auditor to conduct agency reviews as one of its duties in addition to its other duties prescribed by law, in accordance with generally accepted government auditing standards (GAGAS) as promulgated by the U. S. Government Accountability Office, on one or more all of the agencies under the purview of a department, during the year in which the department is scheduled for review under the provisions of this article.

            (b) The agency review may include, but is not limited to:

            (1) An identification and description of the agency under review;

            (2) The number of employees of the agency for the immediate past ten years;

            (3) The budget for the agency for the immediate past ten years;

            (4) Whether the agency is effectively and efficiently carrying out its statutory duties or legal authority;

            (5) Whether the activities of the agency duplicate or overlap with those of other agencies and, if so, how these activities could be consolidated;

            (6) A cost-benefit analysis, as described in subsection (e) of this section, on state services that are privatized or contemplated to be privatized;

            (7) An analysis of the extent to which agency websites are accurate, updated and user friendly;

            (8) An assessment of the utilization of information technology systems within the agency, including interagency and intra-agency communications;

            (9) An analysis of any issues raised by the presentation made by the department pursuant to the provisions of this article;

            (10) An analysis of any other issues as the committee or the joint standing committee may direct; and

            (11) A recommendation as to whether the agency under review should be continued, consolidated or terminated.

            (c) The committee or the joint standing committee may vote on the recommendation as to whether the agency under review should be continued, consolidated or terminated. Recommendations of the committee or the joint standing committee shall be given considerable weight in determining if an agency should be continued, consolidated or terminated.

            (d) An agency may be subject to a compliance review pursuant to the provisions of this article.

            (e) A cost-benefit analysis authorized by this section may include:

            (1) The tangible benefits of privatizing the service;

            (2) Any legal impediments that may limit or prevent privatization of the service;

            (3) The availability of multiple qualified and competitive private vendors; and

            (4) A cost comparison, including total fixed and variable, direct and indirect, costs of the current governmental operation and the private vendor contract.

§4-10-8. Schedule of departments for agency review.

            (a) Each department shall make a presentation, pursuant to the provisions of this article, to the joint standing committee and the committee during the first interim meeting after the regular session of the year in which the department is to be reviewed pursuant to the schedule set forth in subsection (b) of this section.

            (b) An agency review shall be performed on one or more agencies under the purview of each department at least once every seven years, as follows:

            (1) 2013, the Department of Transportation;

            (2) 2014, the Department of Administration;

            (3) (1) 2015, the Department of Education, including the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education;

            (4) 2016, the Department of Veterans’ Assistance and the Department of Education and the Arts;

            (5) 2017, the Department of Revenue and the Department of Commerce;

            (6) 2018, the Department of Environmental Protection and the Department of Military Affairs and Public Safety;

            (7) 2019, the Department of Health and Human Resources, including the Bureau of Senior Services; and

            (8) 2020, the Department of Transportation.

            (c) Beginning January 1, 2016, an agency review shall be performed on the following departments at least once every four years. The agency review shall be performed on the following four year cycle:

            (1) 2016, Department of Military Affairs and Public Safety, Department of Agriculture, House of Delegates, Senate and Department of Environmental Protection;

            (2) 2017, Department of Education, State Auditor’s Office, State Treasurer’s Office and Secretary of State’s Office;

            (3) 2018, Department of Administration, Department of Commerce, Department of Education and the Arts, Department of Revenue and e Department of Veterans’ Assistance;

            (4) 2019, Department of Health and Human Resources, including Bureau of Senior Services, Department of Transportation, Attorney General’s Office and Office of the Governor.

Adopted

Rejected