IC 2-5-21
    Chapter 21. Legislative Evaluation and Oversight of Agencies andPrograms

IC 2-5-21-1
"Agency" defined
    Sec. 1. As used in this chapter, "agency" includes an agency, anauthority, a board, a bureau, a commission, a committee, adepartment, a division, an institution, or other similar entity createdor established by law.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-2
"Committee" defined
    Sec. 2. As used in this chapter, "committee" refers to a committeeestablished under section 10 of this chapter.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-3
"Council" defined
    Sec. 3. As used in this chapter, "council" refers to the legislativecouncil established by IC 2-5-1.1-1.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-4
"Program" defined
    Sec. 4. As used in this chapter, "program" means either of thefollowing:
        (1) An activity done by an agency.
        (2) An activity an agency is authorized or required to performby law.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-5
"Subcommittee" defined
    Sec. 5. As used in this chapter, "subcommittee" refers to thelegislative evaluation and oversight policy subcommittee establishedby section 6 of this chapter.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-6
Subcommittee established
    Sec. 6. The legislative evaluation and oversight policysubcommittee of the council is established.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-7
Membership of subcommittee
    Sec. 7. (a) The subcommittee consists of four (4) members of thecouncil as follows:        (1) Two (2) members of the house of representatives who maynot be members of the same political party.
        (2) Two (2) members of the senate who may not be members ofthe same political party.
    (b) The chairman of the council, with the advice of the vicechairman of the council, shall appoint the members of thesubcommittee.
    (c) An individual serves as a member of the subcommittee untilthe earlier of the following:
        (1) The individual resigns as a member of the subcommittee.
        (2) The individual ceases to be a member of the council.
        (3) The individual is replaced by the chairman of the council.
    (d) The chairman of the council, with the advice of the vicechairman of the council, shall fill a vacancy on the subcommittee.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-8
Chair of subcommittee
    Sec. 8. (a) When making appointments to the subcommittee, thechairman of the council, with the advice of the vice chairman of thecouncil, shall appoint a member of the subcommittee as the chair ofthe subcommittee.
    (b) The chair of the subcommittee serves until the earlier of thefollowing:
        (1) The individual resigns as chair.
        (2) The individual ceases to be a member of the subcommittee.
        (3) The individual is replaced by the chairman of the council.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-9
Duties of subcommittee
    Sec. 9. Subject to the direction of the council, the subcommitteeshall do the following:
        (1) Identify the agencies and programs to be reviewed by thestaff and the committee assigned to the evaluation project.
        (2) Direct the staff in performing audits of agencies andprograms.
        (3) Assist the committees in performing the duties of acommittee under this chapter.
        (4) Perform other functions assigned by the council.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-10
Committee to evaluate agencies and programs
    Sec. 10. (a) Subject to subsection (c), the chairman of the council,with the advice of the vice chairman of the council, shall appoint acommittee to evaluate each of the following:
        (1) Agencies and programs with highway or transportationmatters as their major function during 1994.
        (2) Agencies and programs with occupational licensing as their

major function during 1995.
        (3) Agencies and programs with commerce matters as theirmajor function during 1996.
        (4) Agencies and programs with agricultural matters as theirmajor function during 1997.
        (5) Agencies and programs with human resources or economicsecurity as their major function during 1998.
        (6) Agencies and programs with management or administrationas their major function during 1999.
        (7) Agencies and programs with corrections or judicial mattersas their major function during 2000.
        (8) Agencies and programs with public safety matters as theirmajor function during 2001.
        (9) Agencies and programs with education matters as theirmajor function during 2002.
        (10) Agencies and programs with human services as their majorfunction during 2003.
        (11) Agencies and programs with labor matters as their majorfunction during 2004.
        (12) Agencies and programs with taxation or finance as theirmajor function during 2005.
        (13) Agencies and programs with business regulation as theirmajor function during 2006.
        (14) Agencies and programs with health matters as their majorfunction during 2007.
        (15) Agencies and programs with natural resources orrecreation as their major function during 2008.
    (b) The committee shall be appointed before July 1 of the year theagencies and programs are required to be evaluated under thissection.
    (c) The council by resolution may do any of the following withrespect to agencies and programs evaluated under this section:
        (1) Require evaluation of agencies and programs in an orderdifferent from the order specified in subsection (a).
        (2) Assign specific topics or issues for audit and evaluation bystaff and a committee.
        (3) Assign areas for audit and evaluation in classificationsdifferent from the areas described in subsection (a).
As added by P.L.11-1993, SEC.3.

IC 2-5-21-11
Committee membership
    Sec. 11. (a) A committee must consist of the following:
        (1) Four (4) members of the house of representatives appointedby the chairman of the council with the advice of the vicechairman of the council. Not more than two (2) membersappointed under this subdivision may be members of the samepolitical party.
        (2) Four (4) members of the senate appointed by the chairmanof the council with the advice of the vice chairman of the

council. Not more than two (2) members appointed under thissubdivision may be members of the same political party.
    (b) A member of a committee serves until the earlier of thefollowing:
        (1) The individual resigns from the committee.
        (2) The individual ceases to be a member in the chamber of thegeneral assembly from which the individual was appointed.
        (3) The individual is replaced by the chairman of the council.
    (c) The chairman of the council, with the advice of the vicechairman of the council, shall fill a vacancy on the committee.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-12
Committee chair
    Sec. 12. (a) When making appointments to a committee, thechairman of the council, with the advice of the vice chairman of thecouncil, shall appoint a member of the committee to be the chair ofthe committee.
    (b) The chair of a committee serves until the earlier of thefollowing:
        (1) The individual resigns as chair.
        (2) The individual ceases to be a member of the committee.
        (3) The individual is replaced as chair by the chairman of thecouncil.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-13
Considerations when auditing or evaluating agencies and programs
    Sec. 13. As directed by the subcommittee or the council, any ofthe following shall be considered by staff in doing audits and by thecommittee when evaluating and doing follow-up evaluation ofagencies and programs:
        (1) The objectives intended for the agency or program and theproblem or need that the agency or program was intended toaddress.
        (2) The degree to which the intended objectives of the agencyor program have been achieved expressed in terms ofperformance, impact, or accomplishments of the agency orprogram.
        (3) Budget and other fiscal factors relating to the agency orprogram.
        (4) Areas or aspects of outstanding agency or programperformance that might be effectively used by other agencies orprograms.
        (5) The effect of the agency or program on the Indianaeconomy, including costs to consumers and businesses.
        (6) Whether another public or private program or entity canbetter or more economically meet the need for which the agencyor program was established.
        (7) Whether the operation of the agency or program has been

efficient and responsive to public needs.
        (8) The management efficiency of the agency or program andthe cost effectiveness and value of the information the agencyor program processes.
        (9) Any criteria identified by the subcommittee or by thecouncil.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-14
Committee duties
    Sec. 14. Subject to the direction of the subcommittee, a committeeshall do the following during the year the committee is appointed toevaluate agencies and programs:
        (1) Review audit reports.
        (2) Take testimony regarding audit reports and other areas thecommittee considers related to the committee's work.
        (3) Make recommendations for legislation.
        (4) Make recommendations for administrative changes.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-15
Extension of committee's work beyond original calendar year
    Sec. 15. With the consent of the subcommittee, a committee mayextend the committee's work under section 14 of this chapter throughthe next calendar year after the committee is appointed.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-16
Evaluations and determinations following committee review ofaudit reports and recommendations
    Sec. 16. After the committee completes its work under sections 14and 15 of this chapter, the committee shall do the following:
        (1) Evaluate the results of the audit and the recommendationsmade by the committee.
        (2) Determine whether additional corrective or other legislationis required.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-17
Expiration of committee
    Sec. 17. Subject to section 18 of this chapter, a committee expireson the earlier of the following dates:
        (1) December 31 of the second full year after the committee isappointed.
        (2) When terminated by the council.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-18
Extension of committee's work beyond expiration date
    Sec. 18. The council by resolution may extend the work of a

committee beyond the committee's expiration date under section 17of this chapter.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-19
Committee operating procedures
    Sec. 19. (a) For purposes of this section, "committee" includes thesubcommittee.
    (b) The following apply to the operation of a committee:
        (1) The council may provide that there is a vice chair of thecommittee.
        (2) The chair of a committee may delegate any of the chair'spowers to a vice chair of the committee.
        (3) The committee shall meet at the call of the chair.
        (4) A quorum consists of a majority of the voting members ofthe committee.
        (5) An affirmative vote of a majority of the members of thecommittee is required for the committee to take official action.For purposes of this subdivision, meeting to take testimony isnot considered official action.
        (6) The legislative services agency shall provide staff andadministrative support for the committee as directed by thecouncil.
        (7) The committee shall make reports as required by the councilor the subcommittee.
        (8) The council may establish a budget for the committee.
        (9) Each member of the committee is entitled to receive thesame per diem, mileage, and travel allowances paid toindividuals who serve as legislative members of interim studycommittees established by the legislative council.
        (10) The expenditures of the committee shall be paid fromappropriations to the council or the legislative services agency.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-20
Cooperation of agency under evaluation
    Sec. 20. The chief administrative officer and the employees of anagency or agency that administers a program subject to evaluationunder this chapter shall cooperate with a committee, thesubcommittee, and the council as the committee, subcommittee, orcouncil performs the duties under this chapter.
As added by P.L.11-1993, SEC.3.

IC 2-5-21-21
Information provided by agency under evaluation
    Sec. 21. The chief administrative officer and the employees of anagency or agency that administers a program subject to evaluationunder this chapter shall provide a committee, the subcommittee, orthe council with the following information upon request:
        (1) The identity of all agencies or subunits under the agency's

direct or advisory control.
        (2) A statement of all the agency's powers, duties, and functionscurrently performed.
        (3) A citation to all constitutional, statutory, or other authorityunder which the agency carries out the agency's powers, duties,and functions.
        (4) A statement of the number and types of persons the agencyserves.
        (5) A summary statement, for the last completed fiscal year, ofthe number, type, and cost of personnel the agency employs incarrying out each program, and a summary statement of the costof personnel the agency employs under contract in carrying outeach program.
        (6) A statement identifying the source of all funds for which theagency has some responsibility.
        (7) A statement of the agency's performance andaccomplishments in the last fiscal year and of the budgetarycosts the agency incurred in the operation of each program.
        (8) A summary statement of the agency's reporting andrecordkeeping requirements and activities, including theagency's management and control of information and recordsand the value of the information gathered compared to the costto respondents, and an assessment of the agency's methods toreduce and simplify the reporting and recordkeepingrequirements.
        (9) A summary statement of the agency's budget and programfor the current fiscal year and the agency's budget projectionsfor the next succeeding fiscal year.
        (10) An estimate of potential outputs of services to be producedby varying levels of budgetary inputs.
        (11) A statement concerning any powers, duties, or functionsthat in the agency's opinion are being performed and duplicatedto any extent by another public or private program or entity,including the manner in which and the extent to which thisduplication of effort is occurring, and any recommendations theagency has as to eliminating this situation.
        (12) A statement of any powers, duties, or functions that in theagency's opinion are inconsistent with current and projectedpublic demands and that should be terminated or altered.
        (13) A statement of the names of those private programs orentities with which the agency has substantial contact, and adescription of the nature of that contact.
        (14) Any other information that a committee, the subcommittee,or the council feels is necessary and proper to assist thecommittee, the subcommittee, or the council in carrying out itsduties.
As added by P.L.11-1993, SEC.3.