1 | 1 | | BILL AS INTRODUCED H.67 |
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5 | 5 | | VT LEG #379043 v.2 |
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6 | 6 | | H.67 1 |
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7 | 7 | | Introduced by Representatives Boyden of Cambridge, Waters Evans of 2 |
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8 | 8 | | Charlotte, and Garofano of Essex 3 |
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9 | 9 | | Referred to Committee on 4 |
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10 | 10 | | Date: 5 |
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11 | 11 | | Subject: Legislative operations; government accountability 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to create the 7 |
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13 | 13 | | Joint Government Oversight and Accountability Committee. It proposes to 8 |
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14 | 14 | | change the default submission date for periodic reports to the General 9 |
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15 | 15 | | Assembly and to update the legislative reports database. 10 |
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16 | 16 | | An act relating to legislative operations and government accountability 11 |
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17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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18 | 18 | | * * * Purpose and Findings * * * 13 |
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19 | 19 | | Sec. 1. PURPOSE 14 |
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20 | 20 | | (a) The purpose of this act is to actuate the principle of government 15 |
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21 | 21 | | accountability by focusing on how evidence is used to inform policy, how our 16 |
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22 | 22 | | State laws are carried out, and how legislation can best be formed to achieve its 17 |
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23 | 23 | | intended outcomes. This act strives to systematize government accountability 18 |
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24 | 24 | | efforts as much as possible with simple, clear, independent, objective, and fact-19 BILL AS INTRODUCED H.67 |
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27 | 27 | | |
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28 | 28 | | VT LEG #379043 v.2 |
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29 | 29 | | based processes rather than to rely upon individual legislators or individual 1 |
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30 | 30 | | committees to be effective. 2 |
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31 | 31 | | (b) Government accountability means the principle of demanding that 3 |
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32 | 32 | | legislation succeeds in achieving its stated policy goals through the provision 4 |
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33 | 33 | | of means by which to measure whether the policy goals have been met. The 5 |
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34 | 34 | | metrics for determining whether success has been achieved are as important as 6 |
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35 | 35 | | the goals themselves. 7 |
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36 | 36 | | (c) Government oversight means the mechanisms put into place to ensure 8 |
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37 | 37 | | that the bodies of government tasked with executing legislative intent are 9 |
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38 | 38 | | properly doing so. Oversight by the General Assembly is the examination of 10 |
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39 | 39 | | the processes followed and the information produced by government officials 11 |
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40 | 40 | | executing the law to determine whether those officials are properly and 12 |
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41 | 41 | | adequately achieving the policy goals established by the General Assembly. 13 |
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42 | 42 | | * * * Creation of the Joint Government Oversight and Accountability 14 |
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43 | 43 | | Committee * * * 15 |
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44 | 44 | | Sec. 2. 2 V.S.A. chapter 28 is added to read: 16 |
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45 | 45 | | CHAPTER 28. JOINT GOVERNMENT OVERSIGHT AND 17 |
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46 | 46 | | ACCOUNTABILITY COMMITTEE 18 |
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47 | 47 | | § 971. CREATION OF COMMITTEE 19 |
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48 | 48 | | (a) There is created the Joint Government Oversight and Accountability 20 |
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49 | 49 | | Committee, whose membership shall be appointed each biennial session of the 21 BILL AS INTRODUCED H.67 |
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53 | 53 | | VT LEG #379043 v.2 |
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54 | 54 | | General Assembly. The Committee shall work independently and with other 1 |
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55 | 55 | | legislative committees to assist with matters related to government oversight 2 |
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56 | 56 | | and issues of significant public concern. 3 |
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57 | 57 | | (b) The Committee shall be composed of eight members: four members of 4 |
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58 | 58 | | the House of Representatives, not more than two of whom shall be from the 5 |
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59 | 59 | | same party, appointed by the Speaker of the House; and four members of the 6 |
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60 | 60 | | Senate, not more than two of whom shall be from the same party, appointed by 7 |
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61 | 61 | | the Committee on Committees. In addition to two members-at-large appointed 8 |
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62 | 62 | | from each chamber, one appointment shall be made from each of the House 9 |
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63 | 63 | | Committee on Government Operations and Military Affairs, the Senate 10 |
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64 | 64 | | Committee on Government Operations, and the House and Senate Committees 11 |
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65 | 65 | | on Appropriations. 12 |
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66 | 66 | | (c) The Committee shall elect a chair, vice chair, and clerk from among its 13 |
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67 | 67 | | members and shall adopt rules of procedure. The position of chair shall rotate 14 |
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68 | 68 | | biennially between the House and the Senate members. The Committee shall 15 |
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69 | 69 | | keep minutes of its meetings and maintain a file thereof. A quorum shall 16 |
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70 | 70 | | consist of five members. 17 |
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71 | 71 | | (d) The Committee shall meet as necessary for the prompt discharge of its 18 |
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72 | 72 | | duties. 19 |
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73 | 73 | | (e) For attendance at a meeting when the General Assembly is not in 20 |
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74 | 74 | | session, members of the Committee shall be entitled to compensation for 21 BILL AS INTRODUCED H.67 |
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79 | 79 | | services and reimbursement of expenses as provided under subsection 23(a) of 1 |
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80 | 80 | | this title. 2 |
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81 | 81 | | (f) The professional and clerical services of the Joint Fiscal Office, the 3 |
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82 | 82 | | Office of Legislative Operations, and the Office of Legislative Counsel shall 4 |
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83 | 83 | | be available to the Committee. 5 |
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84 | 84 | | § 972. DUTIES AND POWERS 6 |
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85 | 85 | | (a) Duties. The Committee shall have duties as described in this section 7 |
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86 | 86 | | and elsewhere in law. 8 |
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87 | 87 | | (1)(A) The Committee shall exercise government oversight by 9 |
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88 | 88 | | examining and investigating matters of significant public concern relating to 10 |
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89 | 89 | | State government performance. The Committee shall examine the possible 11 |
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90 | 90 | | reasons for any failure of government oversight and provide findings and 12 |
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91 | 91 | | tangible recommendations to standing committees of jurisdiction to prevent 13 |
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92 | 92 | | future failures. 14 |
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93 | 93 | | (B) The Committee will select issues of significant public concern to 15 |
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94 | 94 | | examine and investigate by a majority of the current Committee members who 16 |
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95 | 95 | | have not recused themselves from the matter. The Committee shall consider 17 |
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96 | 96 | | issues of significant public concern referred to the Committee pursuant to a 18 |
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97 | 97 | | resolution adopted by either chamber of the General Assembly. 19 |
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98 | 98 | | (C) As used in this section, an “issue of significant public concern” 20 |
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99 | 99 | | means any issue that: 21 BILL AS INTRODUCED H.67 |
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104 | 104 | | (i) affects the State as a whole; 1 |
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105 | 105 | | (ii) affects a vulnerable population; 2 |
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106 | 106 | | (iii) costs the State more than $100,000,000.00; 3 |
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107 | 107 | | (iv) implicates a serious failure of State government oversight or 4 |
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108 | 108 | | accountability; 5 |
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109 | 109 | | (v) arises from previously enacted legislation; or 6 |
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110 | 110 | | (vi) constitutes a failure to adequately respond to State or federal 7 |
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111 | 111 | | audits. 8 |
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112 | 112 | | (2) The Committee shall, with coordination from the Legislative 9 |
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113 | 113 | | Committee on Administrative Rules, evaluate executive entities directed to 10 |
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114 | 114 | | adopt rules to ensure consistency and accountability in the rulemaking process. 11 |
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115 | 115 | | (3) The Committee shall, on an annual basis, issue a report that includes: 12 |
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116 | 116 | | (A) which issues of significant public concern the Committee has 13 |
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117 | 117 | | examined and investigated, including relevant information and data; 14 |
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118 | 118 | | (B) the Committee’s current objectives for review of issues of 15 |
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119 | 119 | | significant public concern and which objectives, to date, have and have not 16 |
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120 | 120 | | been met; 17 |
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121 | 121 | | (C) the Committee’s objectives for review of issues of significant 18 |
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122 | 122 | | public concern for the upcoming two years; and 19 |
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123 | 123 | | (D) any additional resources required by the Committee to 20 |
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124 | 124 | | adequately conduct its work. 21 BILL AS INTRODUCED H.67 |
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129 | 129 | | (b) Powers. The Committee shall have powers as described in this section 1 |
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130 | 130 | | and elsewhere in law. The Committee may take or cause depositions to be 2 |
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131 | 131 | | taken as needed in any investigation or hearing. 3 |
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132 | 132 | | Sec. 3. FIRST ANNUAL REPORT OF THE JOINT GOVERNMENT 4 |
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133 | 133 | | OVERSIGHT AND ACCOUNTABILITY COMMITTEE 5 |
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134 | 134 | | The Joint Government Oversight and Accountability Committee shall 6 |
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135 | 135 | | include in its first annual report required by 2 V.S.A. § 972(a)(3) an analysis of 7 |
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136 | 136 | | whether the General Assembly should empower the Committee to issue 8 |
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137 | 137 | | subpoenas and administer oaths in connection with its examination and 9 |
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138 | 138 | | investigation of matters of government oversight and accountability related to 10 |
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139 | 139 | | issues of significant public concern. The Committee shall also include in its 11 |
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140 | 140 | | report a recommendation for whether the General Assembly should add a staff 12 |
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141 | 141 | | member dedicated to supporting the Committee in its work. 13 |
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142 | 142 | | * * * Chief Performance Officer Annual Report * * * 14 |
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143 | 143 | | Sec. 4. 3 V.S.A. § 2311 is amended to read: 15 |
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144 | 144 | | § 2311. CHIEF PERFORMANCE OFFICER; ANNUAL STATE 16 |
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145 | 145 | | OUTCOMES REPORT 17 |
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146 | 146 | | * * * 18 |
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147 | 147 | | (c) Approving population-level indicators. 19 |
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148 | 148 | | (1) Annually, on or before March 1, a standing committee of the 20 |
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149 | 149 | | General Assembly having jurisdiction over a population-level quality of life 21 BILL AS INTRODUCED H.67 |
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154 | 154 | | outcome set forth in subsection (b) of this section or the Chief Performance 1 |
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155 | 155 | | Officer may submit to the Joint Government Oversight and Accountability 2 |
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156 | 156 | | Committee a request that any population-level indicator related to that outcome 3 |
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157 | 157 | | be revised. 4 |
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158 | 158 | | (2) If that request is approved by the Joint Government Oversight and 5 |
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159 | 159 | | Accountability Committee, the Chief Performance Officer shall revise and 6 |
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160 | 160 | | report on the population-level indicator in accordance with that approval and 7 |
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161 | 161 | | this section. 8 |
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162 | 162 | | (d) The report set forth in this section shall not be subject to the limitation 9 |
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163 | 163 | | on the duration of agency reports set forth in 2 V.S.A. § 20(d). 10 |
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164 | 164 | | * * * Auditor of Accounts Duties * * * 11 |
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165 | 165 | | Sec. 5. 32 V.S.A. § 163 is amended to read: 12 |
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166 | 166 | | § 163. DUTIES OF THE AUDITOR OF ACCOUNTS 13 |
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167 | 167 | | In addition to any other duties prescribed by law, the Auditor of Accounts 14 |
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168 | 168 | | shall: 15 |
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169 | 169 | | * * * 16 |
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170 | 170 | | (6)(A) Provide the Joint Government Oversight and Accountability 17 |
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171 | 171 | | Committee with a written summary of all audits completed by the Office of the 18 |
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172 | 172 | | Auditor of Accounts. 19 |
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173 | 173 | | (B) Upon the request of the Joint Government Oversight and 20 |
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174 | 174 | | Accountability Committee, provide, at the mutual convenience of the 21 BILL AS INTRODUCED H.67 |
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179 | 179 | | Committee and Auditor, a presentation to the Committee of any completed 1 |
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180 | 180 | | audit. 2 |
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181 | 181 | | * * * 3 |
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182 | 182 | | Sec. 6. ANNUAL AUDIT OF AGENCY PROGRAMS; PILOT 4 |
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183 | 183 | | On or before November 15, in the years 2026, 2028, and 2030, the Auditor 5 |
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184 | 184 | | of Accounts shall submit a written report to the Joint Government Oversight 6 |
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185 | 185 | | and Accountability Committee concerning the periodic audit of administrative 7 |
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186 | 186 | | programs operated by State agencies. The Auditor of Accounts shall select not 8 |
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187 | 187 | | more than five programs to study during a given two-year reporting period and 9 |
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188 | 188 | | shall examine the efficiency and outcomes of the selected programs, including 10 |
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189 | 189 | | an analysis of the performance measures for each program and whether the 11 |
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190 | 190 | | outcomes align with program objectives and goals. 12 |
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191 | 191 | | * * * Periodic Reports * * * 13 |
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192 | 192 | | Sec. 7. 2 V.S.A. § 20 is amended to read: 14 |
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193 | 193 | | § 20. LIMITATION ON DISTRIBUTION AND DURATION OF AGENCY 15 |
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194 | 194 | | REPORTS 16 |
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195 | 195 | | (a) Unless otherwise provided by law, whenever it is required by statute, 17 |
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196 | 196 | | rule, or otherwise that an agency, department, or other entity submit an annual, 18 |
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197 | 197 | | biennial, or other periodic report to the General Assembly, that requirement 19 |
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198 | 198 | | shall be met by submission by January November 15 of copies of the report for 20 |
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199 | 199 | | activities in the preceding fiscal year to the Clerk of the House, the Secretary 21 BILL AS INTRODUCED H.67 |
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204 | 204 | | of the Senate, the Office of Legislative Counsel Operations, chairs of 1 |
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205 | 205 | | legislative standing committees of jurisdiction, and such individual members 2 |
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206 | 206 | | of the General Assembly or committees that specifically request a copy of the 3 |
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207 | 207 | | report. To the extent practicable, reports Reports shall also be placed 4 |
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208 | 208 | | published on the agency’s Internet website. No general distribution or mailing 5 |
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209 | 209 | | of such reports shall be made to members of the General Assembly. 6 |
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210 | 210 | | * * * 7 |
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211 | 211 | | (e) If it becomes apparent to any agency, department, or other entity 8 |
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212 | 212 | | directed by the General Assembly to report on a matter that the agency, 9 |
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213 | 213 | | department, or entity will be unable to do so within the required time, the 10 |
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214 | 214 | | reporting agency, department, or entity shall inform, if applicable, the relevant 11 |
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215 | 215 | | legislative committee’s current chair, the committee assistant, and the Office of 12 |
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216 | 216 | | Legislative Operations of which report will be late, why, and when it will be 13 |
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217 | 217 | | delivered. 14 |
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218 | 218 | | * * * Effective Date * * * 15 |
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219 | 219 | | Sec. 8. EFFECTIVE DATE 16 |
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220 | 220 | | This act shall take effect on passage. 17 |
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