Senate Bill 2981

AN ACT TO ENACT THE "MISSISSIPPI PERFORMANCE REVIEW ACT OF 2007"; TO MAKE LEGISLATIVE FINDINGS; TO CREATE THE PERFORMANCE REVIEW COMMISSION AND PROVIDE FOR ITS MEMBERSHIP; TO PROVIDE THAT THE STENNIS INSTITUTE OF GOVERNMENT SHALL SERVE THE COMMISSION; TO REQUIRE STATE AGENCIES TO PROVIDE STAFF AND OTHER SUPPORT TO THE COMMISSION; TO PROVIDE THAT THE COMMISSION SHALL FUNCTION AS AN INDEPENDENT RESEARCH AND ANALYTICAL GROUP CHARGED WITH THE PREPARATION OF RECOMMENDATIONS FOR THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. This act may be cited as the "Mississippi Performance Review Act of 2007."

SECTION 2. (1) The Legislature finds that the citizens of Mississippi deserve a government that meets the needs of its citizens in the most efficient and cost-effective way. The state employees who provide state services to the citizens of Mississippi are among state government’s most valuable assets, and are the most knowledgeable about the provision of these services to the people of Mississippi. The Legislature further finds that the state should periodically review the performance of its agencies and to utilize the knowledge and experience of its state employees in improving the efficient delivery of state services.

(2) The Legislature hereby declares that the public policy of this state requires a periodic, overall, comprehensive and coordinated review of the operation of state government to streamline and improve government operation. This process should extend beyond immediate problems to anticipate the future needs of government and its citizens and should focus not only on cost savings, but also on the efficiency and effectiveness of operations and service delivery.

SECTION 3. (1) The Mississippi Performance Review Commission is hereby created. The commission shall be composed of three members, to be appointed as follows:

(a) One (1) appointment by the Governor;

(b) One (1) appointment by the Lieutenant Governor; and

The appointees shall be from the private sector and shall have familiarity with state government operations. The members of the commission shall be reimbursed for actual expenses incurred in the performance of their duties, and shall receive a per diem as authorized by Section 25-3-69 for attending official meetings of the commission.

It is the intent of the Legislature that the commission oversee the process of selecting and directing state government’s most talented individuals to develop recommendations to make the delivery of state services more efficient and cost-effective.

Commission members shall be appointed by May 1, 2007, and the commission shall have its organizational meeting no later than June 1, 2007. The task force shall elect from among its membership a chairman and vice chairman. Terms of service of commission members shall coincide with the duration of the commission.

SECTION 4. (1) The commission may directstate agencies and legislative committees to provide staffto assist as necessary for the performance of its duties under this act, including, but not limited to the State Auditor, the State Treasurer, the Secretary of State, the Department of Finance and Administration, the Legislative Budget Committee, the Performance Evaluation and Expenditure Review Committee.

(2) The commission shall be funded through any public or private funds specifically appropriated to conduct such a review. 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 5. The commission shall function as an independent research and analytical group, and is authorized to do any or all of the following:

(a) Identify obstacles to the efficient delivery of services provided by state government agencies;

(b) Identify and analyze procedures and policies in other states and the federal government that could be utilized to improve the operation of Mississippi state government;

(c) Identify and analyze policies, procedures, and equipment employed by the private sector that may be applicable to state government and that would improve efficiency;

(d) Conduct public hearings, establish a website and create a toll-free phone line in order to receive public input on the recommendations of the commission;

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

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

(g) Determine methods to maximize the amount of federal funds received by the state for its programs;

(h) 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;

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

(j) Examine the financial relationships among state agencies for purposes of streamlining accountability; and

(k) Examine work force issues, including benefits provided to state employees.

SECTION 6. (1) The commission shall make recommendations to the 2008 Legislature and the Governor that will improve the efficiency of state government. The recommendations shall state specifically what is to be done and shall present an estimate of the costs and benefits of each recommendation.

(2) An initial report shall be delivered to the House and Senate Appropriations Committees and the Governor not later than ninety (90) days after the first meeting of the commission. The commission shall complete its duties and make its final reports under this act by January 1, 2008.

SECTION 7. (1) The Stennis Institute of Government at Mississippi State University shall serve the commission. The Director of the Institute shall serve as a co-executive director of the commission. The commission may secure the services of a consultant who has conducted numerous similar performance reviews to serve as the other co-executive director.

(2) All agencies, departments, divisions, boards, bureaus, commissions or institutions of the state, or of any political subdivision thereof, at the request of the chairman of the commission, shall provide to the commission such facilities, assistance and data as will enable the commission to properly carry out its duties.

SECTION 8. Sections 1 through 8 of this act shall stand repealed on July 1, 2009.

SECTION 9. This act shall take effect and be in force from and after its passage.