2006 Kansas Code - 74-7287

      74-7287.   Legislative review, evaluation and recommendations; public hearings on legality and propriety of agency operations; factors to be considered. (a) Prior to retention under K-GOAL and subjection to audit, review and evaluation in futuro of a state agency, a committee of reference in each house of the legislature shall review and evaluate the operations of the state agency. Each such committee shall familiarize itself with the provisions of law by which the state agency acquired existence, the manner in which the state agency is supposed to be organized and how the state agency actually is organized, the powers granted to and the operations authorized to be performed by the state agency, what powers are being exercised and what operations are being performed by the state agency, and the manner in which the state agency is exercising its powers and performing its operations. Each committee shall also consider any performance audit conducted by the post auditor and the division of post audit under the direction of the legislative post audit committee pursuant to the provisions of K.S.A. 74-7285, and amendments thereto. During the course of the review and evaluation of the state agency and its operations, each committee of reference shall hold a public hearing for the purpose of receiving testimony from the public, the involved state agency and its officers and employees, and other appropriate state officers and employees. In all such hearings, the involved state agency shall be held accountable for the legality and propriety of the operations under review and be responsible for producing evidence of the necessity for and extent of any changes in the organization, powers or operations of the state agency or in its enabling laws which would increase efficiency or effectiveness.

      (b)   In reviewing and evaluating a state agency, each committee of reference shall take into consideration the following factors, if applicable, among others, in developing its recommendations regarding the state agency and its operations:

      (1)   Whether all operations of the state agency have been authorized by the legislature and whether the effects of such operations accord with legislative intent;

      (2)   whether all operations of the state agency are being performed efficiently and effectively and whether any such operations could be performed in a more efficient, effective or economical manner;

      (3)   whether regulatory operations of the state agency are reasonably related to and are designed for the purpose of protection or benefaction of the public and have such protection or benefaction as a primary effect;

      (4)   whether regulatory operations of the state agency could be performed in a less restrictive manner which could adequately protect the public;

      (5)   whether regulatory operations of the state agency have the effect of directly or indirectly increasing the cost of any goods or services involved and, if so, whether the increase in cost is more harmful to the public than the harm which could result from the termination of such regulatory operations;

      (6)   whether there is need for any change in the organization of the state agency or in any of its operations which would enable the state agency to fulfill its purposes in a more efficient, effective or economical manner; and

      (7)   whether the termination of any of a state agency's operations would significantly harm or endanger the rights, health, safety or welfare of the public or result in the reduction or foreclosure of services required or desired by the public.

      History:   L. 1992, ch. 116, § 5; July 1.