SECTION 1. INTENT. The General Assembly hereby determines that State Government actions have produced a substantial increase in the number of agencies, departments, boards, commissions, institutions, and programs of this State, growth of pre-existing programs, and the proliferation of rules and regulations, and that this whole process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The General Assembly further determines that by establishing a system for the termination, study, review, continuation, or re-establishment of such agencies, it will be in a better position to evaluate the need for the continued existence of existing and future agencies, departments, boards, commissions, institutions, and programs of the State Government.
It is further the intention of the General Assembly to establish an orderly schedule for the termination of all existing State agencies, during a six-year period, but to make provision for legislative review by the Joint Interim Committees of the Arkansas General Assembly, including the holding of public hearings, to enable the General Assembly to have the benefit of recommendations for the continuation of those State agencies which are deemed to be essential for the necessary and efficient operation of Government, prior to the termination thereof.
SECTION 2. DEFINITIONS. As used in this Act, the term “State agency” or “State agencies” shall include and mean State agencies, departments, boards, commissions, institutions, councils, advisory committees, and programs and services of the State of Arkansas, to which specific reference is made in this Act.
SECTION 3. The following State agencies shall terminate on June 30, 1979:
SECTION 4. The following State agencies shall terminate on June 30, 1981;
SECTION 5. The following State agencies shall terminate on June 30, 1983:
SECTION 6. Any State agency scheduled for termination under the provisions of this Act may be continued or re-established by the General Assembly by the adoption of a law providing for the re-establishment thereof.
SECTION 7. The Division of Legislative Audit shall cause to be conducted a performance audit of each State agency and the respective divisions and programs thereof, which are scheduled for termination under this Act. The performance audit shall be completed at least three (3) months prior to the time established by this Act for the termination of the State agency. In conducting the audit, the Division of Legislative Audit shall take into consideration, but shall not be limited to, the factors listed in Section 8 of this Act. Upon completion of the audit report, the Division of Legislative Audit shall present copies thereof to the members of the appropriate Joint Interim Committee which has the State agency under review, and shall make itself available to such Committee for the purpose of reviewing the audit report.
If the Joint Interim Committees to which State agencies are referred for review under the provisions of this Act shall specifically request in writing a report from the Governor containing his recommendations for continuation, abolition, or modification of each of the State agencies and the divisions and programs thereof, which are under consideration by the Joint Interim Committees, failure by the Governor to file such a report with the Committees shall not prohibit the Committees from proceeding with their duties under this Act.
SECTION 8. Prior to termination, continuation, or re-establishment of any State agency, the Joint Interim Committee which is assigned the responsibility for reviewing such State Agency and the various divisions and programs thereof, shall hold one or more public hearings and receive testimony from the public and the Executive Director or administrative head of the State Agency, including such division directors or other employees thereof as the Committee may deem appropriate, and in such a hearing the State agency shall have the burden of demonstrating a public need for its continued existence and shall cooperate with the Committee in determining such changes, modifications, or revisions in the role, duties, and purposes of the agency which might promote the efficiency of the administration or operation of the agency, if continued.
In such hearings, the determination made by the respective Joint Interim Committee as to whether a State agency assigned to it for review has demonstrated a public need for its continued existence, shall take into consideration the following factors, among others:
SECTION 9. (a) In the event an agency shall cease to exist pursuant to this Act, the laws governing its powers, duties, and functions are not repealed, but shall be administered by some other State agency, if so designated by the General Assembly, unless the General Assembly specifically repealed the laws establishing such powers, duties, and functions.
(b) In the event the General Assembly shall enact laws continuing the existence of an agency which, under the provisions of this Act, would have terminated without such extension, said agency shall continue to perform the functions, powers, and duties imposed upon such agency by the laws of this State, unless said laws have been specifically amended or repealed or the powers, duties, and functions were transferred to another State agency.
SECTION 10. This act shall not cause the dismissal of claims of the public or individuals against any State agency, or any claim or right of a State agency terminated pursuant to this Act which is subject to litigation.
SECTION 11. Each of the respective Joint Interim Committees of the General Assembly assigned the responsibility for reviewing State agencies which are scheduled to terminate on or before June 30 of the year in which the regular session of the General Assembly convenes, shall conclude their studies and file recommendations with the Joint Interim Committee on State Agencies and Governmental Affairs, on or before September 1 of the year preceding the convening of the next regular session of the General Assembly, containing the recommendations of the Committee with respect to those State agencies which, in the opinion of the Committee should be continued. Such recommendations shall be one of the following: 1) that the State agency be continued; 2) that the State agency be continued, but that its duties be revised or it be consolidated with some other agency; or 3) that the State agency be terminated by law. Provided, that if the Committee does not make a recommendation with respect to a State agency, such action shall be construed as a recommendation that the State agency terminate. In the event the Joint Interim Committee shall recommend that the State agency be continued, but that its duties be revised or that it be consolidated with some other State agency, the report of the Committee shall specifically outline recommendations on consolidation recommended by the Committee.
Upon receipt of the reports of the respective Joint Interim Committees, the Joint Interim Committee on State Agencies and Governmental Affairs shall consolidate all such reports and shall review the same and hold additional hearings, if the Joint Interim Committee on State Agencies and Governmental Affairs determines the same is necessary, to enable said Committee to file a consolidated report with the next regular session of the General Assembly outlining the findings and recommendations of the respective Joint Interim Committees, including such additional recommendations that the Joint Interim Committee on State Agencies and Governmental Affairs shall deem appropriate. The consolidated report of the Joint Interim Committee on State Agencies and Governmental Affairs shall be filed with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and each member of the House of Representatives and Senate, the Governor, and the Secretary of State.
SECTION 12. The Bureau of Legislative Research of the Arkansas Legislative Council shall provide staff, secretarial, and technical assistance to the Joint Interim Committees in making the studies and reviews of the respective State agencies scheduled for termination under the provisions of this Act.
APPROVED: February 3, 1977.