Senate Bill 2888

AN ACT TO ESTABLISH THE PERFORMANCE REVIEW COMMISSION TO REVIEW THE DELIVERY OF STATE SERVICES AND PROGRAMS, PREPARE A PERFORMANCE AUDIT WORK PLAN, PROVIDE FOR FISCAL POLICY PLANNING, REVIEW SCHOOL DISTRICTS, UNIVERSITIES AND COLLEGES AND STATE AGENCIES AND MAKE REPORTS AND RECOMMENDATIONS TO THE LEGISLATURE AND THE GOVERNOR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. As used in this act, "stage agency" includes any board, commission, department, institution, agency or office within the legislative, executive or judicial branch of state government including an institution of higher education.

SECTION 2. (1) In accordance with this act, there is created the Performance Review Commission composed of:

(a) Three (3) appointments by the Governor, one (1) of whom shall be from the private sector.

(b) Three (3) appointments by the Lieutenant Governor, one (1) of whom shall be from the private sector.

(c) Three (3) appointments by the Speaker of the House of Representatives, one (1) of whom shall be from the private sector.

(2) The commission shall elect a chairman and a vice-chairman from among its members.

SECTION 3. The commission shall:

(a) Challenge and question the basic assumptions underlying all state agencies and the programs and services offered by the state to identify those that are vital to the best interest of the people of the State of Mississippi and those that no longer meet that goal;

(b) Conduct a complete review of all state agencies, including the organization and management of all programs, services and activities operated by those agencies;

(c) Identify overlapping functions and outmoded methodologies and advances in technology applicable to state government functions;

(d) Evaluate the efficiency with which state agencies operate the programs under their jurisdiction and fulfill the duties assigned to them by law;

(e) Determine methods to maximize the amount of federal funds received by the state for its programs in order to better ensure that the people of Mississippi receive a greater share of the taxes levied on them by the federal government;

(f) Identify any state agency or any program or service now offered by a state agency that can be eliminated or transferred to the private sector without injury to the public good and well-being;

(g) Examine state government's fiscal management practices and the financial relationships among state agencies;

(h) Examine work force issues, including benefits provided to state employees;

(i) Consider changes to the state's revenue system to increase government income without changing the rates or bases of the state's major taxes or adding new tax sources;

(j) Recommend basic principles of debt management policy for the state;

(k) Make recommendations for the programs and services that the various agencies provide, as well as recommendations for the elimination of, or reduction in, funding to various agencies, programs or services based on the results of the performance audit review, and consolidation and reorganization where appropriate; and

(l) Make recommendations to the 2007 Legislature as to amendments to statutory and constitutional provisions that will improve the efficiency of state government, including, if appropriate, recommendations on the reorganization or consolidation of state agencies.

SECTION 4. The commission may secure the services of a state official from a state that has conducted numerous similar performance reviews, and also a retired state agency director familiar with state agency budgets and operations as co-executive directors. In addition, the commission may hold public hearings.

SECTION 5. The commission may require any state agency to assist the commission and provide information required for the commission to complete its duties under this act, and each state agency shall fully and completely cooperate with the commission in that regard.

SECTION 6. The commission may direct state agencies to provide staff to assist as necessary for the performance of its duties under this act. The commission may accept gifts, grants or assistance, including the provision of specialized personnel, from any private or public institution, association or organization or state agency.

SECTION 7. (1) In performing its duties under this act, the commission shall adopt a performance audit review work plan, and may appoint task forces and committees as necessary.

(2) The commission shall report the results of its reviews and audits under this act, together with recommendations, as soon as practicable. An initial report shall be delivered to the House and Senate Appropriations Committees and the Governor, not later that ninety (90) days after the effective date of this act. Consistent with generally accepted audit principles, the commission shall complete its duties and make its final reports under this act by October 1, 2006.

SECTION 8. The expenses of the commission created under this act shall be paid from funds appropriated to each state agency and office and from funds appropriated to other agencies assisting the commission, which funds shall be provided through interagency contracts. Those contracts may be executed by the commission and the agencies for this purpose without regard to the reimbursement requirements of existing law.

SECTION 9. The commission shall provide for continuing review and analysis of state fiscal policy and make recommendations for long-term strategic planning. For that purpose, the commission shall adopt recommendations that establish a four-year strategic plan.

SECTION 10. (1) The commission may periodically review the effectiveness and efficiency of the operations of school districts, community and junior colleges, institutions of higher learning and state agencies.

(2) The commission shall:

(a) Prepare a report showing the results of each review conducted under this section;

(b) File the report with the chief executive of each district, institution or agency, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairs of the standing committees of the Senate and the House of Representatives with jurisdiction over public education, and the state superintendent of public education; and

(3) The Legislature may consider the commission's reports in the appropriations process.

SECTION 11. This act shall take effect and be in force from and after its passage.