1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 417 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-2-7. |
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7 | 7 | | Synopsis: Inspector general government efficiency report. Requires |
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8 | 8 | | the inspector general to annually do the following: (1) Beginning in |
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9 | 9 | | 2026, prepare a current list of all boards, committees, and commissions |
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10 | 10 | | of the executive, including administrative branch (commissions), and |
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11 | 11 | | send the list to the legislative council. (2) Beginning in 2027, conduct |
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12 | 12 | | efficiency reviews of at least 25% of the active commissions and report |
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13 | 13 | | the review results to the legislative council. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Carrasco |
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16 | 16 | | January 13, 2025, read first time and referred to Committee on Judiciary. |
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17 | 17 | | 2025 IN 417—LS 7498/DI 87 Introduced |
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18 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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28 | 28 | | SENATE BILL No. 417 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
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30 | 30 | | offices and administration. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 4-2-7-3, AS AMENDED BY P.L.201-2023, |
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33 | 33 | | 2 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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34 | 34 | | 3 JULY 1, 2025]: Sec. 3. The inspector general shall do the following: |
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35 | 35 | | 4 (1) Initiate, supervise, and coordinate investigations. |
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36 | 36 | | 5 (2) Recommend policies and carry out other activities designed to |
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37 | 37 | | 6 deter, detect, and eradicate fraud, waste, abuse, mismanagement, |
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38 | 38 | | 7 and misconduct in state government. |
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39 | 39 | | 8 (3) Receive complaints alleging the following: |
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40 | 40 | | 9 (A) A violation of the code of ethics. |
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41 | 41 | | 10 (B) Bribery (IC 35-44.1-1-2). |
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42 | 42 | | 11 (C) Official misconduct (IC 35-44.1-1-1). |
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43 | 43 | | 12 (D) Conflict of interest (IC 35-44.1-1-4). |
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44 | 44 | | 13 (E) Profiteering from public service (IC 35-44.1-1-5). |
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45 | 45 | | 14 (F) A violation of the executive branch lobbying rules. |
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46 | 46 | | 15 (G) A violation of a statute or rule relating to the purchase of |
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47 | 47 | | 16 goods or services by a current or former employee, state |
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48 | 48 | | 17 officer, special state appointee, lobbyist, or person who has a |
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49 | 49 | | 2025 IN 417—LS 7498/DI 87 2 |
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50 | 50 | | 1 business relationship with an agency. |
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51 | 51 | | 2 (4) If the inspector general has reasonable cause to believe that a |
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52 | 52 | | 3 crime has occurred or is occurring, report the suspected crime to: |
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53 | 53 | | 4 (A) the governor; and |
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54 | 54 | | 5 (B) appropriate state or federal law enforcement agencies and |
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55 | 55 | | 6 prosecuting authorities having jurisdiction over the matter. |
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56 | 56 | | 7 (5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this |
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57 | 57 | | 8 chapter. |
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58 | 58 | | 9 (6) Adopt rules under IC 4-22-2 and section 5 of this chapter to |
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59 | 59 | | 10 implement a code of ethics. |
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60 | 60 | | 11 (7) Ensure that every: |
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61 | 61 | | 12 (A) employee; |
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62 | 62 | | 13 (B) state officer; |
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63 | 63 | | 14 (C) special state appointee; and |
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64 | 64 | | 15 (D) person who has a business relationship with an agency; |
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65 | 65 | | 16 is properly trained in the code of ethics. |
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66 | 66 | | 17 (8) Provide advice to an agency on developing, implementing, |
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67 | 67 | | 18 and enforcing policies and procedures to prevent or reduce the |
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68 | 68 | | 19 risk of fraudulent or wrongful acts within the agency. |
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69 | 69 | | 20 (9) Provide informal advisory opinions to current, former, and |
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70 | 70 | | 21 prospective state employees, state officers, and special state |
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71 | 71 | | 22 appointees. An informal advisory opinion issued by the office of |
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72 | 72 | | 23 the inspector general is confidential under IC 5-14-3-4, including |
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73 | 73 | | 24 any previously issued informal advisory opinion by the office of |
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74 | 74 | | 25 the inspector general that recites that it is confidential. |
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75 | 75 | | 26 (10) Recommend legislation to the governor and general assembly |
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76 | 76 | | 27 to strengthen public integrity laws, including the code of ethics |
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77 | 77 | | 28 for state officers, employees, special state appointees, and persons |
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78 | 78 | | 29 who have a business relationship with an agency, including |
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79 | 79 | | 30 whether additional specific state officers, employees, or special |
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80 | 80 | | 31 state appointees should be required to file a financial disclosure |
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81 | 81 | | 32 statement under IC 4-2-6-8. |
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82 | 82 | | 33 (11) Annually submit a report to the legislative council detailing |
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83 | 83 | | 34 the inspector general's activities. The report must be in an |
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84 | 84 | | 35 electronic format under IC 5-14-6. |
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85 | 85 | | 36 (12) Prescribe and provide forms for statements required to be |
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86 | 86 | | 37 filed under IC 4-2-6 or this chapter. |
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87 | 87 | | 38 (13) Accept and file information that: |
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88 | 88 | | 39 (A) is voluntarily supplied; and |
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89 | 89 | | 40 (B) exceeds the requirements of this chapter. |
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90 | 90 | | 41 (14) Inspect financial disclosure forms. |
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91 | 91 | | 42 (15) Notify persons who fail to file forms required under IC 4-2-6 |
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92 | 92 | | 2025 IN 417—LS 7498/DI 87 3 |
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93 | 93 | | 1 or this chapter. |
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94 | 94 | | 2 (16) Develop a filing, a coding, and an indexing system required |
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95 | 95 | | 3 by IC 4-2-6 and IC 35-44.1-1. |
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96 | 96 | | 4 (17) Prepare interpretive and educational materials and programs. |
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97 | 97 | | 5 (18) Annually: |
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98 | 98 | | 6 (A) conduct efficiency reviews; and |
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99 | 99 | | 7 (B) report to the legislative council in an electronic format |
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100 | 100 | | 8 under IC 5-14-6; |
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101 | 101 | | 9 under section 3.5 of this chapter. |
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102 | 102 | | 10 SECTION 2. IC 4-2-7-3.5 IS ADDED TO THE INDIANA CODE |
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103 | 103 | | 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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104 | 104 | | 12 1, 2025]: Sec. 3.5. (a) As used in this section, "commission" means |
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105 | 105 | | 13 a board, committee, or commission of the executive, including the |
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106 | 106 | | 14 administrative, department of state government that is authorized |
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107 | 107 | | 15 by statute or executive order and functions in a policy or advisory |
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108 | 108 | | 16 role. The term includes a body corporate and politic established as |
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109 | 109 | | 17 an instrumentality of the state. |
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110 | 110 | | 18 (b) Not later than July 1, 2026, and before every July 1 |
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111 | 111 | | 19 thereafter, the inspector general shall do the following: |
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112 | 112 | | 20 (1) Compile a list of all commissions. |
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113 | 113 | | 21 (2) Indicate whether each commission on the list functions as |
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114 | 114 | | 22 an advisory body or policy making body that has the |
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115 | 115 | | 23 authority in statute or executive order to make policy or |
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116 | 116 | | 24 regulatory decisions on behalf of a state agency. |
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117 | 117 | | 25 (3) Send the list, including annual updates, to the legislative |
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118 | 118 | | 26 council in an electronic format under IC 5-14-6. |
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119 | 119 | | 27 (c) Not later than July 1, 2027, and before every July 1 |
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120 | 120 | | 28 thereafter, the inspector general shall: |
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121 | 121 | | 29 (1) conduct an efficiency review of not less than twenty-five |
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122 | 122 | | 30 percent (25%) of the commissions still authorized by statute |
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123 | 123 | | 31 or executive order; and |
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124 | 124 | | 32 (2) report the results of the efficiency review to the legislative |
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125 | 125 | | 33 council in an electronic format under IC 5-14-6. |
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126 | 126 | | 34 The inspector general shall have discretion in selecting which |
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127 | 127 | | 35 commissions to review each year. |
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128 | 128 | | 36 (d) The inspector general shall conduct an efficiency review for |
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129 | 129 | | 37 each commission on the list created under subsection (b)(1) at least |
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130 | 130 | | 38 once every four (4) years. |
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131 | 131 | | 39 (e) The report under subsection (c) shall include the following: |
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132 | 132 | | 40 (1) The results of the efficiency review of active commissions |
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133 | 133 | | 41 under subsection (c)(1). A commission selected for review |
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134 | 134 | | 42 shall be evaluated as to whether the commission: |
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135 | 135 | | 2025 IN 417—LS 7498/DI 87 4 |
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136 | 136 | | 1 (A) creates clear and measurable net economic or other |
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137 | 137 | | 2 tangible benefits that accrue generally to all citizens of the |
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138 | 138 | | 3 state, even in the absence of federal funding; |
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139 | 139 | | 4 (B) clearly fills a necessary function that only the |
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140 | 140 | | 5 government can fill; |
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141 | 141 | | 6 (C) is fulfilling the commission's function as provided in |
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142 | 142 | | 7 statute or executive order; |
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143 | 143 | | 8 (D) is likely to result in a financial obligation to the state; |
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144 | 144 | | 9 (E) is using funds appropriated by the general assembly for |
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145 | 145 | | 10 the purpose of accomplishing the commission's intended |
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146 | 146 | | 11 purpose; and |
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147 | 147 | | 12 (F) is required by federal law. |
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148 | 148 | | 13 (2) An analysis of how the state may allocate resources |
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149 | 149 | | 14 currently provided to the commissions reviewed under |
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150 | 150 | | 15 subsection (c)(1) in a more efficient and fiscally responsible |
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151 | 151 | | 16 manner, including: |
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152 | 152 | | 17 (A) streamlining, reorganizing, consolidating, contracting |
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153 | 153 | | 18 out, or eliminating functions performed by the |
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154 | 154 | | 19 commission; |
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155 | 155 | | 20 (B) if a commission is overstaffed, reducing duplicative |
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156 | 156 | | 21 staffing; |
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157 | 157 | | 22 (C) if a commission is understaffed, ensuring adequate |
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158 | 158 | | 23 staffing; |
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159 | 159 | | 24 (D) increasing the commission's capacity to deliver services |
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160 | 160 | | 25 and improve responsiveness to citizens; |
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161 | 161 | | 26 (E) improving the use of cost saving information |
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162 | 162 | | 27 technology in service delivery and lessening the need for |
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163 | 163 | | 28 paperwork; and |
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164 | 164 | | 29 (F) establishing techniques for measuring productivity and |
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165 | 165 | | 30 evaluating commission performance. |
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166 | 166 | | 2025 IN 417—LS 7498/DI 87 |
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