§26H‑5  Evaluation; report.  (a) 
The legislative auditor shall evaluate each board, commission, and regulatory
program subject to repeal by section 26H‑4 and shall submit an evaluation
report to the legislature prior to the convening of the regular session of the
year of the repeal date.  The evaluation shall assess whether the regulatory
program as established complies with the policies established by section 26H‑2
and whether the public interest requires that the law establishing the
regulatory program be reenacted, modified, or permitted to expire.



(b)  If the auditor finds that the law
establishing the regulatory program should be modified, the auditor shall
incorporate in the auditor's report, drafts of recommended legislation to be
considered for enactment and that if enacted, would improve the policies,
procedures, and practices of the regulatory program evaluated.  The auditor may
request the assistance of the legislative reference bureau in drafting
recommended legislation.  Any other law to the contrary notwithstanding, the
auditor may release copies of preliminary reports to the legislative reference
bureau if the auditor requests the legislative reference bureau's assistance
under this subsection.  The legislative reference bureau shall comply with the
auditor's request if the auditor provides a copy of the preliminary report to
the bureau at the same time the report is provided to a board, commission, or
regulatory program pursuant to subsection (d).



(c)  Each board or commission and the director
shall assist the auditor in collecting and reporting data as the auditor may
require to conduct the evaluation.  Even if the auditor finds that the law
establishing the regulatory program should not be reenacted, the auditor shall
evaluate the effectiveness and efficiency of the regulatory program and make
appropriate recommendations to improve the policies, procedures, and
practices.  The legislature may hold a public hearing on each evaluation
report.  If the auditor finds that the law establishing a regulatory program
should be permitted to expire, the auditor shall make recommendations, if
needed, for appropriate restrictions to be placed on the program subsequent to
the termination of regulation.



(d)  The legislative auditor shall provide each
board, commission, or regulatory program evaluated pursuant to this chapter not
less than thirty days to review and comment upon the evaluation report prior to
submission of the report to the legislature; provided that if the legislative
auditor fails to provide the thirty-day review and comment period to the board,
commission, or regulatory program being evaluated, the law establishing the
regulatory program that is subject to repeal shall be automatically reenacted
for a period of one year.  If the legislative auditor receives written comments
from the board, commission, or department of commerce and consumer affairs, the
legislative auditor shall append the written comments to each copy of the
evaluation report prior to submission to the legislature.



(e)  Except as provided in this chapter, no
board, commission, or regulatory program shall be evaluated automatically by
the auditor.  Nothing in this section is intended to prevent the auditor from
conducting an evaluation of a board, commission, or regulatory program at the
specific request or direction of the legislature. [L 1977, c 70, pt of §2; am L
1979, c 121, §2; am L 1980, c 142, §2; am L 1981, c 87, §3; am L 1982, c 204,
§8; am L 1986, c 136, §1; am L 1994, c 279, §4]