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NCSL experts brief Senate Government Operations on oversight tools as H67 is considered
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Summary
National Conference of State Legislatures presenters reviewed sunset reviews, administrative rule review and performance audits as tools for legislative oversight; Vermont senators discussed how to embed lasting performance systems and whether H67 advances that work.
William Clark of the National Conference of State Legislatures and Carrington Skinner of the Center for Results Driven Governing told the Senate Government Operations Committee on April 24 that legislatures have three core oversight mechanisms — sunset reviews, administrative rule review and program evaluation — and that states choose different mixes depending on authority and resources. Clark described these tools as ways to test whether statutory intent is being followed, whether programs are effective and whether taxpayer dollars are stewarded prudently.
"Is policy following legislative intent? Is it effective? Is it enabling good stewardship of taxpayer dollars?" Clark said, summarizing the questions oversight seeks to answer. He gave state examples, saying roughly "44 states at any given point in time" use sunset processes and that about "43 states" have some authority to review administrative rules. He noted variation across states, from legislatures that can only review and refer rules to governors or agencies to West Virginia, where a special committee effectively must approve agency rules.
The NCSL presentation shifted to performance offices and audits. Skinner described how states are building data infrastructure and evidence standards, citing Utah’s cross-branch cooperation, New Mexico’s agency report cards and Colorado’s evidence-designation categories used in budget decisions. "Virtually every state does [performance measurement] in some form or fashion," Skinner said, noting 36 states plus the District of Columbia have statutory requirements to collect performance information.
Senator Allison Clarkson asked whether NCSL ranks states and how Vermont compares. "We really at NCSL don't rate the states," Skinner replied, adding that states ‘‘do it a little bit differently’’ and that Vermont participates in many practices but that approaches vary over time and by leadership. Committee members raised the problem that past Vermont efforts, including the GACC and Act 186 outcome reporting, produced resources that were not consistently used. Committee discussion emphasized that sustaining oversight requires systems and roles that outlast particular leaders.
The presenters left examples and resources with the committee. Committee members said the NCSL material would inform deliberations over H67, which the chair introduced early in the meeting as relating to legislative operations and government accountability. The committee did not vote on H67 at this session; members agreed to continue discussion and invited NCSL to return or provide written resources.
