SB1930

SECTION 1. The legislature finds that periodic review of a state government department, agency, or program to assess the efficiency and effectiveness of operations is warranted. Although the auditor conducts operational and managerial reviews of departments, agencies, and programs, as requested by the legislature, the legislature finds that a permanent mechanism should be in place to conduct the reviews on an ongoing basis to ensure that public funds are being expended properly and the public trust in government is maintained.

This Act is modeled after the proposed federal Government Efficiency Act of 2006, which authorizes the establishment of federal review commissions with respect to specific aspects of federal programs and agencies. The commissions make recommendations on how to improve the operations, effectiveness, and efficiency of federal programs and agencies in order to determine whether a reorganization, consolidation, abolishment, expansion, or transfer of functions of existing federal programs and agencies is necessary to carry out any federal policy for promoting more effective management of the executive branch. Commissions are established by the issuance of an executive order or the adoption of a concurrent resolution.

The purpose of this Act is to establish commissions to review state government operations.

SECTION 2. Chapter 23, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . commissions to review state government operations

§23-A Establishment of commissions to review state government operations. There may be established, whenever deemed appropriate, upon executive order of the governor or by adoption of a concurrent resolution by the legislature, a commission to review state government operations. The commission shall be attached to the office of the auditor for administrative purposes; provided that the commission shall operate independently of the executive, legislative, and judicial branches. The commission shall be charged with the responsibility to review a specific state government department, agency, or program, which shall be identified in the executive order or concurrent resolution.

§23-B Duties of a commission; report. (a) The duties of a commission to review state government operations shall be:

(1) To study and determine the following issues, including but not limited to:

(A) Whether the functions, missions, and goals of a department are being carried out as effectively and efficiently as possible;

(B) The extent to which a program or agency duplicates or conflicts with another state, federal, or county program or agency;

(C) Whether a reorganization, consolidation, abolishment, expansion, or transfer of a program or agency is in order in furtherance of subparagraph (A); and

(D) Any other matters deemed relevant by the commission or by the governor or the legislature, as provided in the executive order or concurrent resolution, as applicable;

(2) To report on findings pursuant to its review under paragraph (1) to the governor and the legislature no later than nine months following the issuance of an executive order or adoption of a concurrent resolution. The report may also include specific recommendations for improvement.

§23-C Composition of a commission; reimbursement of expenses; exemption from confirmation; terms. (a) A commission to review state government operations shall be composed of seven members, as follows:

(1) Two members to be selected by the president of the senate;

(2) Two members to be selected by the speaker of the house of representatives;

(3) Two members to be selected by the governor; and

(4) One public member with expertise in the particular subject matter to be reviewed, to be mutually selected by the governor, president of the senate, and speaker of the house of representatives.

(b) The members of a commission to review state government operations shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) A commission shall cease to exist after the filing of its report under section 23-B(a)(2).

§23-D Duty to cooperate. All state departments and agencies shall cooperate with a commission to review state government operations to facilitate the duties of the commission with regard to a review under this part.

§23-E Hearings of a commission. A commission to review state government operations may hold public hearings to take testimony and receive information and evidence for the purpose of carrying out its duties; provided that hearings shall be subject to chapter 92.

§23-F Expenses of a commission. The auditor shall be reimbursed by a department, agency, or program under review for expenses incurred by a commission to review state government operations."

SECTION 3. In codifying this Act, the revisor of statutes shall substitute the appropriate numerical designations for the letter designations used in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1930
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII