North Carolina § 120-36 - 13. Biennial work plan for evaluations and measurability assessments.

§ 120-36. 13. Biennial work plan for evaluations and measurability assessments.

Plan. - Every odd-numbered year, the Committee, in consultation with the Director, shall adopt a biennial work plan for the Division. The Committee shall consider which programs or activities of a State agency, or programs and activities of a non-State entity conducted or provided using State funds, should be evaluated by the Division and included in the biennial work plan. The Committee shall also consider which proposed or existing State programs should be subject to measurability assessments and included in the biennial work plan. The Committee shall then review and adopt the biennial work plan. The Committee may amend the biennial work plan to add a new evaluation or measurability assessment or remove a planned evaluation or measurability assessment at any time during the biennium. The Division shall adhere to the biennial work plan, unless the Committee changes the biennial work plan to add a new evaluation or measurability assessment or remove a planned evaluation or measurability assessment. Request. - A request to the Program Evaluation Division for an evaluation of a program or an activity of a State agency must be submitted by a member of the General Assembly. The Director shall assist the Committee cochairs in developing a proposed biennial work plan based on suggestions for evaluations and measurability assessments submitted by members of the General Assembly to the cochairs. The biennial work plan constitutes an information request and a drafting request made by the Committee cochairs to legislative employees under Article 17 of Chapter 120 of the General Statutes. Any document prepared by a legislative employee pursuant to the biennial work plan becomes available to the public only as provided in G.S. 120-131. Any document prepared by an agency employee pursuant to a request under G.S. 120-131.1(a1) becomes available to the public only as provided in G.S. 120-131. History (2007-78, s. 3; 2008-196, s. 1(a); 2012-80, s. 2; 2015-264, s. 68.5(a); 2018-101, s. 1.) Administrative Penalty Process/PED Study. - Session Laws 2019-182, s. 26, provides: "(a) Study. - The Joint Legislative Program Evaluation Oversight Committee shall revise the biennial 2019-2020 work plan for the Program Evaluation Division to include a study of the actions the Alcoholic Beverage Control Commission is authorized to take under G.S. 18B-104 for violations of Chapter 18B of the General Statutes. The study required under this subsection shall include an examination of (i) the proportionality of the punishment that may be imposed under G.S. 18B-104 in relation to the violation, (ii) the remainder of the law set forth in G.S. 18B-104 to identify any areas in which the law may be lacking, and (iii) the process utilized and punishment authorized by other alcoholic beverage control states for violations of their alcoholic beverage laws. "(b) Cooperation. - Upon request, the Commission shall provide any necessary information, data, or documents within their possession, ascertainable from their records, or otherwise available to them, to the Program Evaluation Division to complete the study required under subsection (a) of this section. "(c) Report. - The Program Evaluation Division shall report its findings and recommendations from the study required under subsection (a) of this section to the Joint Legislative Program Evaluation Oversight Committee by March 15, 2020." Editor's Note. - Session Laws 2010-115, s. 1(a) and (b), provides: "(a) The Joint Legislative Program Evaluation Oversight Committee shall include in the 2010 Work Plan for the Program Evaluation Division of the General Assembly a study of the operation of the Child Nutrition Program. The Division shall examine (i) the guidelines for assessing direct and indirect operating costs to local child nutrition programs in local school administrative units, including rent, costs assessed on a square footage basis, maintenance, utilities, and any other costs charged or allocated to food services; (ii) discrepancies in how local school administrative units calculate and report indirect costs for child nutrition programs, the impact of these discrepancies on child nutrition programs, and whether local school administrative units are charging these indirect costs to incorrect budget items; (iii) federal guidelines on minimum fund balances for child nutrition programs and whether all local child nutrition programs in local school administrative units are in compliance with these guidelines; (iv) practices in other states regarding the operation of child nutrition programs, including procedures for assessment of indirect costs and guidelines for fund balances; (v) funding requirements necessary for elementary, middle, and high schools to implement the nutrition standards implemented by S.L. 2005-457, as amended by Section 7.36A of S.L. 2007-323 and Section 7.25 of S.L. 2008-107; and (vi) any other issues the Division deems relevant to this study. "(b) The Program Evaluation Division shall submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Commission on Governmental Operations, the Legislative Task Force on Childhood Obesity, and the Fiscal Research Division at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee." Session Laws 2015-264, s. 91.7, is a severability clause. Session Laws 2017-10, s. 2.6(a), effective Sept. 1, 2017, provides: "The Joint Legislative Program Evaluation Oversight Committee may amend the 2016-2017 Program Evaluation Division work plan to direct the Division to study State law and internal agency policies and procedures for delivery of public services through State grants and contracts to nonprofit organizations. The study shall include, but not be limited to, how nonprofit organizations are compensated for actual, reasonable, documented indirect costs, and the extent to which any underpayment for indirect costs reduces the efficiency or effectiveness of the delivery of public services. The study shall propose improvements to State law and internal agency policies and procedures, if necessary, to remove unnecessary impediments to the efficient and effective delivery of public services, including, but not limited to, late execution of contracts, late payments, and late reimbursements. In conducting the study, the Division may require each State agency to provide data maintained by the agency to determine any of the following: "(1) The timeliness of delivery and execution of contracts. "(2) The timeliness of payment for services that have been delivered. "(3) The extent to which nonprofit contractors or grantees are reimbursed for their indirect costs. "(4) The contact information for all nonprofit grantees and contractors." Session Laws 2017-10, s. 2.6(b), effective Sept. 1, 2017, provides: "If the study is conducted, the Division shall submit a report on the results of the study to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Commission on Governmental Operations no later than September 1, 2018." Session Laws 2017-10, s. 5.1, is a severability clause. Effect of Amendments. - Session Laws 2008-196, s. 1(a), in subsection (a), inserted "annual" preceding "plan" twice in the second sentence, and added the third sentence in the first paragraph, and added the second paragraph. See Editor's note for applicability and effective date. Session Laws 2015-264, s. 68.5(a), effective October 1, 2015, substituted "work plan" for "annual work plan" and "annual plan" throughout subsection (a). Session Laws 2018-101, s. 1, effective June 26, 2018, rewrote the section.