2ta

___________________ moved that SB 2 be amended as follows:

     On page 17, after line 8 of the printed bill, insert:

"      Section 34. The executive board of the Legislative Research Council shall establish and appoint the members of an interim committee for the 2006 Interim to review and evaluate the operation and effectiveness of the risk pool established pursuant to this Act. Any committee appointed pursuant to this section may establish its own procedures for the review and evaluation required by this section. The committee shall hold public hearings and receive testimony from the public and all interested parties. The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of the risk pool. The risk pool board established pursuant to this Act bears the burden of establishing that sufficient public need is present to justify its continued existence and the existence of the risk pool. The risk pool board shall provide the committee with the following information:

             (1)    The identity of all offices and personnel under the direct or advisory control of the risk pool;

             (2)    All powers, duties, and functions currently performed by the risk pool and all constitutional, statutory, or other authority under which the powers, duties, and functions of the risk are carried out;

             (3)    Any powers, duties, or functions that are inconsistent with current and projected public needs and which should be terminated or altered; and

             (4)    Any other information that the committee feels is necessary and proper to carry out its review and evaluative duties.

     Section 35. To determine whether a sufficient public need for continuing the risk pool is present, the interim committee shall consider the following factors:

             (1)    The extent to which the risk pool is meeting the insurance needs of the affected population of the state in a cost-effective, efficient, and fiscally sound manner that cannot be better accomplished by other means;

             (2)    The extent to which any information required to be furnished to the reviewing committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from the information are adverse to the legislative intent inherent in the powers, duties, and functions as established in the enabling legislation creating the risk pool, or is inconsistent with present or projected public demands or needs;

             (3)    The extent to which statutory changes have been recommended that would benefit the public in general as opposed to benefitting the risk pool;

             (4)    The extent to which the operation of the risk pool has been efficient and responsive to the public needs;

             (5)    The extent to which the risk pool has encouraged the persons regulated or affected to report to it concerning the impact of its rules and decisions regarding improved services, economy of service, or availability of service to the public;

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             (6)    The extent to which the public has been encouraged to participate in rule and decision making as opposed to participation solely by persons regulated or affected;

             (7)    The extent to which complaints have been expeditiously processed to completion in the public interest; and

             (8)    Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the state agency.

     Section 36. The interim committee shall submit reports recommending either the continuation, revision, or termination of the risk pool to the executive board of the Legislative Research Council for distribution to legislators and the Governor before the first legislative day of the 2007 regular legislative session. The committee may submit its recommendations concerning the risk pool and laws that it believes should be repealed or revised to the Legislature in one or more bills.".