41-2954. Committees of reference; membership;
performance review reports; hearings; guidelines; recommendations;
subpoena powers


A. Each standing committee of both legislative houses shall appoint a subcommittee
of five members. Not more than three appointees of each house shall be of the same
political party. The subcommittees shall jointly constitute a committee of reference in
their respective subject matter areas.


B. After receipt of the preliminary sunset review report, the committee of
reference shall hold at least one public hearing to receive testimony from the public and
from the officials of the agency involved. The agency involved shall prepare a
presentation for the first public meeting that addresses the elements of the written
statement required by subsection F.


C. The committee of reference shall hold public hearings for the following
purposes:


1. To determine the actual need of the agency to regulate or direct the particular
activity.


2. To determine the extent to which the statutory requirements of the agency are
necessary and are being met.


3. To receive testimony from the public as to the relationship of the agency with
the public.


4. To receive testimony from the executive director or other head of the agency as
to reasons for the continuation of the agency.


D. The committee of reference shall consider but not be limited to the following
factors in determining the need for continuation or termination of each agency:


1. The objective and purpose in establishing the agency.


2. The effectiveness with which the agency has met its objective and purpose and
the efficiency with which it has operated.


3. The extent to which the agency has operated within the public interest.


4. The extent to which rules adopted by the agency are consistent with the
legislative mandate.


5. The extent to which the agency has encouraged input from the public before
adopting its rules and the extent to which it has informed the public as to its actions
and their expected impact on the public.


6. The extent to which the agency has been able to investigate and resolve
complaints that are within its jurisdiction.


7. The extent to which the attorney general or any other applicable agency of state
government has the authority to prosecute actions under the enabling legislation.


8. The extent to which agencies have addressed deficiencies in their enabling
statutes which prevent them from fulfilling their statutory mandate.


9. The extent to which changes are necessary in the laws of the agency to
adequately comply with the factors listed in this subsection.


10. The extent to which the termination of the agency would significantly harm the
public health, safety or welfare.


11. The extent to which the level of regulation exercised by the agency is
appropriate and whether less or more stringent levels of regulation would be appropriate.


12. The extent to which the agency has used private contractors in the performance
of its duties and how effective use of private contractors could be accomplished.


E. The committee of reference shall deliver the final sunset review report of its
recommendations to the committee, the president of the senate, the speaker of the house
of representatives, the governor, the auditor general and the affected agency by December
1. Such recommendations shall include one of the following:


1. That the state agency be continued.


2. That the state agency be revised or consolidated.


3. That the state agency be terminated pursuant to this chapter.


F. The final sunset review report by the committee of reference shall also include
a written statement prepared by the agency involved that contains:


1. An identification of the problem or the needs that the agency is intended to
address.


2. A statement, to the extent practicable, in quantitative and qualitative terms,
of the objectives of such agency and its anticipated accomplishments.


3. An identification of any other agencies having similar, conflicting or duplicate
objectives, and an explanation of the manner in which the agency avoids duplication or
conflict with other such agencies.


4. An assessment of the consequences of eliminating the agency or of consolidating
it with another agency.


G. The committee shall oversee the preparation of any proposed legislation to
implement the recommendations of the committees of reference and is responsible for the
introduction of such legislation.


H. If an agency is continued, it is not necessary to reappoint any member of the
governing board or commission of the agency. Such members are eligible to complete their
original terms without reappointment or reconfirmation.


I. Each committee of reference shall have the power of legislative subpoena
pursuant to chapter 7, article 4 of this title.