2021 Kentucky Revised Statutes Chapter 6 - The general assembly 6.910 Purpose, powers, and duties of committee -- Confidentiality of working papers and other information -- Closed meetings authorized -- Witnesses -- Subpoenas.
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6.910 Purpose, powers, and duties of committee -- Confidentiality of working
papers and other information -- Closed meetings authorized -- Witnesses
-- Subpoenas.
(1)
(2)
The purpose of the Legislative Oversight and Investigations Committee shall
be to serve as the main investigative committee in the General Assembly. The
committee shall have the authority to investigate the subjects within the
committee's legislative jurisdiction and within the jurisdiction of other standing
or statutory committees of the General Assembly.
The committee shall have the discretionary power to:
(a) Make studies of the operations of state agencies to ascertain that sums
appropriated have been, or are being, expended for the purposes for
which such appropriations were made and to evaluate the effectiveness
of programs in accomplishing legislative intent;
(b) Study on a continuing basis the operations, practices, and duties of state
agencies, as they relate to efficiency in the utilization of space, personnel,
equipment, and facilities;
(c) Make such special studies and reports of the operations and functions of
state agencies as it deems appropriate and as may be requested by the
General Assembly;
(d) Make such reports on its findings and recommendations at such time and
in such manner as the committee deems proper, submitting such reports
to the agencies concerned, to the Governor and to the General Assembly.
Such reports shall relate to the following matters:
1.
Whether any state agency is carrying out only those activities or
programs authorized by legal or administrative action; or
2.
Whether the programs and activities of a state agency, or a
particular program or activity is being operated efficiently, effectively,
or in accordance with legislative or administrative intent; or
3.
Whether there is a need for change in any authorized activity or
program of a state agency; or
4.
Whether any reorganization of a state agency, or group of state
agencies, is needed or justified to accomplish the results of
programs or activities; or
5.
Any combination of the purposes specified in this or any other
section of KRS 6.900 to 6.935;
(e) Treat information obtained or prepared by the committee or its staff as
confidential working papers subject to release according to the operating
rules and procedures adopted by the committee, and such information
shall be exempt from the open records requirements contained in KRS
61.870 to 61.884. The committee may close certain meetings and project
briefings to protect research pursuant to KRS 61.805 to 61.850, to allow
the exchange of confidential materials, and information, to protect the
identity of witnesses, when necessary, and to protect the integrity of the
study. Any information protected by federal laws shall not be subject to
public release;
(f)
(3)
(4)
Consider and act on requests for studies submitted by legislators,
legislative committees, elected officials of state government, state cabinet
secretaries, and department and agency heads. Requests shall be
submitted in writing and shall state reasons to support the request. The
decision of the committee to grant or deny such a request shall be final;
(g) Review any conditions or circumstances that may indicate the necessity
or desirability of enacting new or additional legislation addressing subjects
within its jurisdiction or the jurisdiction of any standing or statutory
committee;
(h) Evaluate the effect of laws enacted to reorganize any branch of state
government;
(i) Conduct studies directed by joint resolution of the General Assembly;
(j) When the General Assembly is not in session, conduct studies:
1.
Initiated by joint agreement of the co-chairs;
2.
Initiated by a majority vote of the committee; or
3.
Requested by the Legislative Research Commission or an interim
joint committee thereof. In the event two (2) or more studies are
requested, the priority among them shall be determined by the
committee;
(k) After voting to undertake a review under paragraph (j)(2.) of this
subsection, the committee shall notify the chair of the committee of
relevant jurisdiction;
(l) To determine if a witness should be prosecuted for perjury by testifying
falsely before the committee, and to institute appropriate penal
proceedings as provided by law. Any finding under this paragraph shall
require a majority vote of the committee; and
(m) Conduct a study of any matter without regard to jurisdiction of the matter
being conferred to another statutory or standing committee.
Each witness who appears before the committee by its subpoena or order,
other than an officer or employee of the state, shall be entitled to the fees and
mileage provided for witnesses in civil cases in Circuit Court, which shall be
audited and paid upon the presentation of proper vouchers sworn to by such
witnesses and approved by the chair of the committee.
The committee may issue subpoenas to compel the attendance and testimony
of witnesses or the production of documents, books, papers, or other records.
Subpoenas may be issued by agreement of the co-chairs or by a vote of the
majority of the members of the committee and shall be served in the same
manner as subpoenas for witnesses in civil cases. All provisions of law relative
to subpoenas issued in such cases, including compensation of witnesses, shall
apply to subpoenas issued by the committee.
Effective:March 12, 2021
History: Amended 2021 Ky. Acts ch. 14, sec. 3, effective March 12, 2021. -Amended 1992 Ky. Acts ch. 79, sec. 3, effective July 14, 1992. -- Amended
1980 Ky. Acts ch. 328, sec. 2, effective July 15, 1980. -- Created 1978 Ky. Acts
ch. 254, sec. 2, effective March 30, 1978.
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