Staff Report #11 | March 1951
This report is offered in three separate parts, and logically they should be presented in the following order: legislative operations, a legislative auditor, and the legislative administrative rules committee. To facilitate consideration of the Report, this order has been altered so that, in general, proposed changes in the constitution, statutes, and legislative rules follow each other.
Summary of Major Recommendations
The following recommendations of Part One should be adopted to give the legislature the technical aid necessary to exercise its proper
role of supervision over the expenditure of the funds it appropriates:
1. The existing position of the elected Auditor General should be abolished by constitutional amendment.
2. The constitutional position of Legislative Auditor General should be created, the incumbent to serve at the pleasure of a legislative committee, subject to the approval of the legislature.
3. The Legislative Auditor General should be required to conduct performance audits, as well as financial audits, of all state departments and agencies and to render technical assistance to the appropriation committees of the legislature.
In order to secure legislative control of the law-making involved in the administrative rule process, it is recommended that:
1. The Joint Legislative Committee on Administrative Rules review rules to see that they conform to the expectation of the legislature as expressed in the law on which they are based. Further, that the Committee restrict its activities to current review of
new and amended rules.
2. The power of the Committee to suspend a rule be limited to suspension until the close of the next regular session of the legislature.
3. The Committee have power to operate whether or not the legislature is in session.
4. The Attorney General furnish legal advice and guidance on rule-making to administrative agencies, but that he not have power,
as at present, to block the issuance of a rule.
These recommendations from Part Three will, if adopted, enable the legislature to perform its own functions more quickly and efficiently:
1. Adopt annual sessions unrestricted as to length and subject matter to be considered. (The Regular Session of the 1951 Legislature
has placed such a proposal on the ballot for the 1951 Spring Election.)
2. Consolidate the standing committees of the House and Senate, extend the practice of having joint meetings, and schedule meetings
3. Expand the staff and functions of the Legislative Service Bureau, as well as furnish more staff assistance for standing committees to permit better administration of legislative business.