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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 22, 2008
H. 4538
Introduced by Reps. Funderburk, McLeod, Stavrinakis and Whipper
S. Printed 4/22/08--H.
Read the first time January 23, 2008.
TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", INCLUDING PROVISIONS TO AMEND SECTION 8-27-10(4), RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE OR INFORMATION RELATED TO THE STUDY OR INVESTIGATION, TO PROVIDE FOR PROGRAM EVALUATION REPORTS, THE MANNER IN WHICH THEY ARE REQUESTED, AND THE CONTENTS OF THE REPORTS, TO PROVIDE THAT ALL TESTIMONY GIVEN TO AN INVESTIGATING COMMITTEE MUST BE GIVEN UNDER OATH, TO PROVIDE THAT WITNESSES TESTIFYING IN FRONT OF AN INVESTIGATING COMMITTEE MAY BE REPRESENTED BY COUNSEL, AND TO PROVIDE THAT WITNESSES ARE GIVEN THE BENEFIT OF ANY PRIVILEGE WHICH HE COULD HAVE CLAIMED IN COURT AS A PARTY TO A CIVIL ACTION; TO AMEND TITLE 11 OF CHAPTER 11 BY ADDING SECTION 11-11-85 TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE, TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY; TO REPEAL CHAPTER 3 OF TITLE 11, RELATING TO THE COMPTROLLER GENERAL, TO TRANSFER TO THE STATE AUDITOR THE COMPTROLLER GENERAL'S POWERS AND DUTIES, TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL REPLACE THE COMPTROLLER GENERAL ON THE BUDGET AND CONTROL BOARD, TO AMEND SECTIONS 11-5-130 AND 11-5-180, RELATING TO THE COMPTROLLER GENERAL, TO CONFORM THEM TO THE PROVISIONS PERTAINING TO THE TRANSFER OF DUTIES TO THE STATE AUDITOR FROM THE COMPTROLLER GENERAL; TO REPEAL CHAPTER 5 OF TITLE 1, RELATING TO THE SECRETARY OF STATE, TO AMEND SECTION 1-30-25, RELATING TO THE DEPARTMENT OF COMMERCE, BY TRANSFERRING CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF COMMERCE FROM THE SECRETARY OF STATE, TO AMEND CHAPTER 7 OF TITLE 1, RELATING TO THE ATTORNEY GENERAL, BY ADDING ARTICLE 9 TO TRANSFER CERTAIN POWERS, DUTIES, AND FUNCTIONS TO THE ATTORNEY GENERAL FROM THE SECRETARY OF STATE; TO AMEND CHAPTER 1 OF TITLE 5, RELATING TO INCORPORATION OF MUNICIPAL CORPORATIONS, CHAPTER 1 OF TITLE 26, RELATING NOTARIES PUBLIC, CHAPTER 56 OF TITLE 33, RELATING TO SOLICITATION OF CHARITABLE FUNDS, ARTICLE 11, CHAPTER 15 OF TITLE 39, RELATING TO TRADEMARKS AND SERVICE MARKS, ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED FRANCHISE AUTHORITY FOR CABLE SERVICE PROVIDERS, SECTIONS 39-57-60, 39-57-55, 5-3-90, 5-3-280, 26-6-190, 15-9-245, 6-11-1620, 6-11-1630, 6-11-1640, 39-15-420, 39-15-430, 39-15-440, 39-15-450, AND 39-15-490, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE SECRETARY OF STATE TO CONFORM THEM TO THE PROVISIONS TRANSFERRING THOSE POWERS, DUTIES, AND FUNCTIONS TO THE DEPARTMENT OF COMMERCE AND THE ATTORNEY GENERAL, RESPECTIVELY; TO AMEND SECTION 46-3-30, RELATING TO THE QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, TO PROVIDE THAT THE GOVERNOR APPOINTS THE COMMISSIONER WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE COMMISSIONER MAY BE REMOVED FROM OFFICE BY THE GOVERNOR AS PROVIDED IN SECTION 1-3-240(C), TO REPEAL SECTION 46-3-40, RELATING TO THE ELECTION AND TERM OF THE COMMISSIONER OF AGRICULTURE, TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE GOVERNOR MAY REMOVE THE COMMISSIONER OF AGRICULTURE FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND SECTION 1-3-240(C)(1), RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MAY BE REMOVED FROM OFFICE FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY, TO AMEND TITLE 1, RELATING TO GENERAL PROVISIONS FOR THE ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 6 TO CREATE THE OFFICE OF THE STATE INSPECTOR GENERAL, TO PROVIDE THAT THE STATE INSPECTOR GENERAL IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO AUTHORIZE THE STATE INSPECTOR GENERAL TO ADDRESS FRAUD, WASTE, ABUSE, AND WRONGDOING WITHIN THE SOUTH CAROLINA EXECUTIVE GOVERNMENT AGENCIES, AND TO PROVIDE THE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE; TO AMEND SECTION 1-30-10, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER WITHIN THE DEPARTMENT OF ADMINISTRATION TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, TO PROVIDE THAT THE STATE CHIEF INFORMATION OFFICER SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AS AMENDED, 48-52-460, 48-52-680, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-2-10. As used in this chapter:
(1) "Agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive department of state government, including administrative bodies. 'Agency' includes a body corporate and politic established as an instrumentality of the State. 'Agency' does not include:
(a) the legislative department of state government; or
(b) a political subdivision.
(2) "Investigating committee" means any standing committee or subcommittee of a standing committee exercising its authority to conduct a study or investigation of an agency within its jurisdiction.
(3) "Program evaluation report" means a report compiled by an agency at the request of an investigating committee that may include, but is not limited to, a review of agency management and organization, program delivery, agency goals and objectives, compliance with its statutory mandate, and fiscal accountability.
(4) "Request for information" means a list of questions that an investigating committee serves on a department or agency under investigation. The questions may relate to any matters concerning the department or agency's actions that are the subject of the investigation.
Section 2-2-20. (A) In order to determine whether laws and programs addressing subjects within the jurisdiction of a committee as provided in this chapter are being implemented and carried out in accordance with the intent of the General Assembly and whether they should be continued, curtailed, or eliminated, each standing committee shall review and study on a continuing basis:
(1) the application, administration, execution, and effectiveness of laws and programs addressing subjects within its jurisdiction;
(2) the organization and operation of state agencies and entities having responsibilities for the administration and execution of laws and programs addressing subjects within its jurisdiction; and
(3) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation addressing subjects within its jurisdiction.
(B) Beginning January 1, 2008, each committee must conduct oversight studies and investigations at least once every four years on all agencies within the committee's jurisdiction. The committee may, within its discretion, determine the scope of the oversight studies to be performed.
Section 2-2-30. Jurisdiction for oversight studies or investigations is vested in the following committees:
(A) In the Senate:
(1) The Committee on Agriculture and Natural Resources has jurisdiction over the Department of Agriculture, the Department of Health and Environmental Control, the State Climatology Office, and the Sea Grant Consortium;
(2) The Committee on Banking and Insurance has jurisdiction over the Department of Insurance and the Board of Financial Institutions;
(3) The Committee on Corrections and Penology shares concurrent jurisdiction with the Committee on the Judiciary over the Department of Corrections, the Department of Juvenile Justice, the Department of Probation, Parole, and Pardon Services, and the Department of Public Safety.
(4) The Committee on Education has jurisdiction over the Department of Education, the School for the Deaf and the Blind, the State Board of Education, the Education Oversight Committee, the Governor's School for Science and Math, the Governor's School for Arts and Humanities, the Wil Lou Gray Opportunity School, the John de la Howe School, the State Library, the Lowcountry Graduate Center, the School Improvement Council, the State Board for Technical and Comprehensive Education, the Educational Television Network, and the Higher Education Tuition Grants Commission;
(5) The Committee on Finance has jurisdiction over the Office of the Treasurer, the Office of the Comptroller General, the Office of the State Auditor, the Department of Revenue, the Budget and Control Board, the State Accident Fund, the Education Lottery Commission, the State Housing Finance Development Authority, the Office of the Insurance Reserve Fund, the Materials Management Office, the Patient's Compensation Fund, the Medical Malpractice Patient's Compensation Fund, the Second Injury Fund, the Tourism Expenditure Review Committee, and the Tuition Prepayment Program;
(6) The Committee on Fish, Game, and Forestry has jurisdiction over the Department of Natural Resources, the Department of Parks, Recreation, and Tourism, and the Forestry Commission;
(7) The Committee on the Judiciary, in addition to the concurrent jurisdiction that it shares with the Committee on Corrections and Penology, has jurisdiction over the Judiciary, the Executive Office of the Governor, the Office of the Lieutenant Governor, the Office of the Attorney General, the Office of the Adjutant General, the Administrative Law Court, Santee Cooper, the Department of Archives and History, the Arts Commission, the Division of the Chief Information Officer, the Commission on Indigent Defense, the Commission on Prosecution Coordination, the Confederate Relic Room and Museum, the Criminal Justice Academy, the Election Commission, the Emergency Management Division, the State Ethics Commission, the Human Affairs Commission, the Information Technology Management Office, the State Law Enforcement Division, the Legislative Audit Council, the Office of Local Government, the Commission on Minority Affairs, the Military Department, Patriot's Point Naval and Maritime Museum, the Governor's Commission on Women, and the Worker's Compensation Commission;
(8) The Committee on Labor, Commerce, and Industry has jurisdiction over the Department of Commerce, the Department of Labor, Licensing, and Regulation and related boards and commissions except medical licensing and review boards, the Department of Consumer Affairs, the Employment Security Commission, the South Carolina Independent Living Council, the Fire Academy, the Office of the State Fire Marshall, the Economic Development Authority, the Public Service Commission, the Office of Regulatory Staff, the Public Service Commission, and the Rural Development Council;
(9) The Committee on Medical Affairs has jurisdiction over the Department of Alcohol and Other Drug Abuse Services, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health, the Department of Social Services, medical licensing and review boards within the Department of Labor, Licensing, and Regulation, the Commission for the Blind, and the Vocational Rehabilitation Department; and
(10) The Committee on Transportation has jurisdiction over the Department of Transportation, the Department of Motor Vehicles, and the State Ports Authority; and
(B) In the House of Representatives:
(1) The Committee on Agriculture, Natural Resources, and Environmental Affairs has jurisdiction over the Department of Agriculture, the Department of Health and Environmental Control, the Department of Natural Resources, the Department of Parks, Recreation, and Tourism, the State Climatology Office, and the Forestry Commission;
(2) The Committee on Education and Public Works has jurisdiction over the Department of Education, the State Board of Education, the Department of Transportation, Department of Motor Vehicles, Santee Cooper, the State Ports Authority, the School for the Deaf and the Blind, the Education Oversight Committee, the Governor's School for Science and Math, the Governor's School for Arts and Humanities, the Wil Lou Gray Opportunity School, the John de la Howe School, the State Library, the Lowcountry Graduate Center, the School Improvement Council, the State Board for Technical and Comprehensive Education, the Educational Television Network, and the Higher Education Tuition Grants Commission
(3) The Committee on the Judiciary has jurisdiction over the Judiciary, the Executive Office of the Governor, the Office of the Lieutenant Governor, the Office of the Attorney General, the Office of the Adjutant General, the Administrative Law Court, the Department of Corrections, the Department of Juvenile Justice, the Department of Probation, Parole, and Pardon Services, Department of Public Safety, the Department of Archives and History, the Arts Commission, the Division of the Chief Information Officer, the Commission on Indigent Defense, the Commission on Prosecution Coordination, the Confederate Relic Room and Museum, the Criminal Justice Academy, the Election Commission, the Emergency Management Division, the State Ethics Commission, the Human Affairs Commission, the Information Technology Management Office, the State Law Enforcement Division, the Legislative Audit Council, the Office of Local Government, the Commission on Minority Affairs, the Military Department, Patriot's Point Naval and Maritime Museum, the Governor's Commission on Women, and the Worker's Compensation Commission;
(4) The Committee on Labor, Commerce, and Industry has jurisdiction over the Department of Commerce, the Department of Labor, Licensing, and Regulation and related boards and commissions except medical licensing and review boards, the Department of Consumer Affairs, the Employment Security Commission, the South Carolina Independent Living Council, the Fire Academy, the Office of the State Fire Marshall, the Economic Development Authority, the Public Service Commission, the Office of Regulatory Staff, the Public Service Commission, and the Rural Development Council;
(5) The Committee on Medical, Military, Public and Municipal Affairs has jurisdiction over the Department of Alcohol and Other Drug Abuse Services, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health, the Department of Social Services, medical licensing and review boards within the Department of Labor, Licensing, and Regulation, the Commission for the Blind, and the Vocational Rehabilitation Department, the Office of the Adjutant General, and the Military Department.
(6) The Committee on Ways and Means has jurisdiction over the Office of the Treasurer, the Office of the Comptroller General, the Office of the State Auditor, the Department of Revenue, the Budget and Control Board, the State Accident Fund, the Education Lottery Commission, the State Housing Finance Development Authority, the Office of the Insurance Reserve Fund, the Materials Management Office, the Patient's Compensation Fund, the Medical Malpractice Patient's Compensation Fund, the Second Injury Fund, the Tourism Expenditure Review Committee, and the Tuition Prepayment Program.
Section 2-2-40. (A) A standing committee of the Senate or the House of Representatives may by majority vote initiate a study or an investigation of an agency within its jurisdiction. The motion calling for the study or investigation must state the subject matter and scope of the study or investigation. The study or investigation may not exceed the scope stated in the motion.
(B) An investigating committee may vest its investigative authority in a subcommittee. When a subcommittee is given the authority to conduct a study or investigation it has all of the power and authority of an investigating committee. A subcommittee leading a study or investigation of an agency must make a full report of its findings and recommendations to the full committee at the conclusion of its study or investigation. No subcommittee leading a study or investigation may consist of fewer than three members.
Section 2-2-50. When conducting a study or investigation, an investigating committee may acquire evidence or information by any lawful means, including, but not limited to:
(A) serve a request for information on the agency being studied or investigated. The request for information must be answered separately and fully in writing under oath and returned to the investigating committee within forty-five days after being served upon the department or agency. The time for answering a request for information may be extended for a period to be agreed upon by the committee and the agency for good cause shown. The head of the department or agency must sign the answers verifying them as true and correct. If any question contains a request for records, policies, audio or video recordings, or other documents, the questions is not deemed to have been answered unless a complete set of records, policies, audio or video recordings or other documents is included with the answer;
(B) depose witnesses upon oral examination. A deposition upon oral examination may be taken from any person that the committee has reason to believe has knowledge of the activities under investigation. The committee must provide the person being deposed and the agency under investigation with no less than ten days notice of the deposition. The notice to the agency shall state the time and place for taking the deposition and name and address of each person to be examined. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena must be attached to or included in the notice. The deposition must be taken under oath administered by the chairman of the investigating committee or his designee. The testimony must be taken stenographically or recorded by some other means and may be videotaped. A person may be compelled to attend a deposition in the county in which he resides or in Richland County.
(C) issue subpoenas and subpoenas duces tecum pursuant to Title 2, Chapter 69; and
(D) require the agency to prepare and submit to the investigating committee a program evaluation report by a date specified by the committee. The investigating committee must specify agency program or programs or agency operations that it is studying or investigating and the information to be contained in the program evaluation report.
Section 2-2-60. (A) An investigating committee's request for a program evaluation report must contain:
(1) the agency program or operations that it intends to investigate;
(2) the information that must be included in the report; and
(3) the date that the report must be submitted to the committee.
(B) An investigating committee may request that the program evaluation report contain any of the following information:
(1) enabling or authorizing law or other relevant mandate, including any federal mandates;
(2) a description of each program administered by the agency identified by the investigating committee in the request for a program evaluation report, including the following information:
(a) established priorities, including goals and objectives in meeting each priority;
(b) performance criteria, timetables, or other benchmarks used by the agency to measure its progress in achieving its goals and objectives;
(c) an assessment by the agency indicating the extent to which it has met the goals and objectives, using the performance criteria. When an agency has not met its goals and objectives, the agency shall identify the reasons for not meeting them and the corrective measures the agency has taken to meet them in the future;
(3) Organizational structure, including a position count, job classification, and organization flow chart indicating lines of responsibility;
(4) financial summary, including sources of funding by program and the amounts allocated or appropriated and expended over the last ten years;
(5) identification of areas where the agency has coordinated efforts with other state and federal agencies in achieving program objectives and other areas in which an agency could establish cooperative arrangements, including, but not limited to, cooperative arrangements to coordinate services and eliminate redundant requirements;
(6) identification of the constituencies served by the agency or program, noting any changes or projected changes in the constituencies;
(7) a summary of efforts by the agency or program regarding the use of alternative delivery systems, including privatization, in meeting its goals and objectives;
(8) identification of emerging issues for the agency;
(9) a comparison of any related federal laws and regulations to the state laws governing the agency or program and the rules implemented by the agency or program;
(10) agency policies for collecting, managing, and using personal information over the Internet and non-electronically, information on the agency's implementation of information technologies;
(11) a list of reports, applications, and other similar paperwork required to be filed with the agency by the public. The list must include:
(a) the statutory authority for each filing requirement;
(b) the date each filing requirement was adopted or last amended by the agency;
(c) the frequency that filing is required;
(d) the number of filings received annually for the last five years and the number of anticipated filings for the next five years;
(e) a description of the actions taken or contemplated by the agency to reduce filing requirements and paperwork duplication.
(12) any other relevant information specifically requested by the investigating committee.
(C) All information contained in a program evaluation report must be presented in a concise but complete manner.
(D) The chairman of the investigating committee may direct the Legislative Audit Council to perform a study of the program evaluation report and report its findings to the investigating committee. The chairman may also direct the Legislative Audit Council to perform its own audit of the program or operations being studied or investigated by the investigating committee.
Section 2-2-70. All testimony given to the investigating committee must be under oath.
Section 2-2-80. Any witness testifying before or deposed by the investigating committee may have counsel present to advise him. The witness or his counsel may, during the time of testimony or deposition, object to any question detrimental to the witness' interests and is entitled to have a ruling by the chairman on any objection. In making his ruling the chairman shall follow as closely as possible the procedures and rules of evidence observed by the circuit courts of this State.
Section 2-2-90. A witness shall be given the benefit of any privilege which he could have claimed in court as a party to a civil action."
SECTION 2. Unless otherwise provided, this act takes effect July 1, 2008.
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