Bill H.67 would create joint government oversight and accountability committee, debate subpoena power deferred

Legislative counsel Mr. Devlin told the House Government Operations & Military Affairs Committee on Tuesday, Feb. 25, that H.67 "is an act relating to legislative operations and government accountability" and would create a Joint Government Oversight and Accountability Committee to examine whether state programs are achieving their policy goals.

The bill would set membership, duties and powers for a joint committee intended to "systematize government accountability efforts" by focusing on evidence, performance measures and follow-up. It also would move the default deadline for agency reports to the legislature from January 15 to November 15 and update the legislative reports database.

Supporters say the bill aims to give the Legislature a standing body to examine program failures and follow up on audit recommendations. "The committee shall exercise government oversight by examining and investigating matters of significant public concern relating to state government performance," Devlin read from the draft. The bill defines an "issue of significant public concern" to include items that affect the state as a whole, affect vulnerable populations, indicate serious failure of oversight, arise from previously enacted legislation, fail to respond to audits, or cost the state more than $100 million.

Under the proposal, the committee would be composed of eight members — four from the House, four from the Senate, with party balance limits — plus two at-large appointments. The chair would rotate biannually between the House and Senate; a quorum would be five members. The bill assigns clerical and professional support from the Joint Fiscal Office, the Office of Legislative Operations and the Office of Legislative Counsel.

The draft gives the committee powers to "take or cause depositions to be taken as needed in any investigation or hearing," but it does not include subpoena power in the current text. Representative Hoover and others asked about the practical difference; as Devlin explained, depositions would rely on voluntary testimony or delegation, while subpoena power — included in an earlier version of the bill last session — would compel attendance. Devlin said the subpoena provision had been removed from the current draft. Senator Randy Brock, drawing on his prior experience, described past iterations of a government accountability committee and urged disciplined, measurable follow-up when agencies report back on legislation.

The bill also would require the committee's first annual report to include an analysis of "whether the General Assembly should empower the committee to issue subpoenas and administer oaths" and to recommend whether a staff position should be dedicated to supporting the committee. Devlin said that provision would oblige the committee to evaluate subpoena authority after a year of operation.

There is a committee amendment posted on the committee website that would strike two sections relating to the auditor of accounts; Devlin noted that amendment is available for committee consideration. No formal vote on H.67 or amendments was recorded in the hearing.

Committee members and witnesses — including former state auditors and the deputy auditor — urged care in drafting scope and procedure. Deputy Auditor Tim Ash recommended clarifying language (for example, replacing "failure of government oversight" with language focused on failures of programs or implementation) and urged caution about allowing either chamber unilaterally to refer topics by resolution; he warned that could politicize the committee's agenda.

The committee closed the session by saying staff and members would follow up on language and next steps; Devlin and witnesses indicated additional drafting and consultation would continue before any final action.

No formal motion or vote on H.67 was recorded during the Feb. 25 meeting.