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H0673......................................................by STATE AFFAIRS LEGISLATIVE PERFORMANCE EVALUATIONS - Amends existing law to clarify the confidentiality provisions pertaining to individuals who provide data to the director of Legislative Performance Evaluations. 02/23 House intro - 1st rdg - to printing 02/24 Rpt prt - to St Aff 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Black, Bruneel, Mader, Marley, Tilman, Wheeler Floor Sponsor - Field(13) Title apvd - to Senate 03/07 Senate intro - 1st rdg - to St Aff 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 30-0-5 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow, Danielson, Geddes, Hawkins, Ipsen Floor Sponsor - McLaughlin Title apvd - to House 03/31 To enrol 04/03 Rpt enrol - Sp signed 04/04 Pres signed - to Governor 04/17 Governor signed Session Law Chapter 429 Effective: 04/17/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 673 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE; AMENDING SECTION 3 67-461, IDAHO CODE, TO CLARIFY THE CONFIDENTIALITY PROVISIONS PERTAINING 4 TO INDIVIDUALS WHO SUPPLY DATA TO THE DIRECTOR; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 67-461, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 67-461. CONDUCT OF AND ISSUANCE OF PERFORMANCE EVALUATION REPORTS. (1) In 10 conducting a performance evaluation, the director of legislative performance 11 evaluations shall obtain an overview of the operations of the agency or pro- 12 gram. 13 (a) The survey phase will develop background information, including roles 14 and identities of key personnel, identify actual and potential financial, 15 managerial and operational problem areas and determine whether and to what 16 extent detailed audit tests may be required in each specific area. 17 (b) In consultation with the agency or program, the director of legisla- 18 tive performance evaluations will develop a performance evaluation work 19 plan. 20 (2) Prior to the presentation of any performance evaluation to the com- 21 mittee, the evaluated agency and the governor shall have an opportunity to 22 review the performance evaluation report and issue a response. 23 (a) The response of the agency and the governor to the performance evalu- 24 ation report shall be included in the final report when it is presented to 25 the committee. 26 (b) All documents, writings and information transmitted pursuant to this 27 subsection shall be deemed confidential and shall not be released to the 28 public prior to the time the committee issues its performance evaluation 29 report pursuant to subsection (3) of this section. 30 (c) Any person violating the provisions of this subsection regarding con- 31 fidentiality shall be guilty of a misdemeanor. 32 (3) The committee shall issue performance evaluation reports, favorable 33 or unfavorable, of any state agency, and such reports shall be a public 34 record .except that: 35 (a) Prior to the release of a performance evaluation report or the point 36 at which a performance evaluation is no longer being actively pursued, all 37 papers, physical and electronic records and correspondence and other sup- 38 porting materials comprising the work papers in the possession of the 39 director of legislative performance evaluations or other entity charged 40 with the preparation of a performance evaluation report shall be confi- 41 dential and exempt from disclosure pursuant to chapter 3, title 9, Idaho 42 Code. 43 (b) Additionally, all other records or materials in the possession of the 2 1 director of legislative performance evaluations or other entity charged 2 with the preparation of a performance evaluation report that would other- 3 wise be confidential or exempt from disclosure shall be exempt from dis- 4 closure pursuant to the provisions of chapter 3, title 9, Idaho Code. 5 (4) If data supplied by an individual are needed to initiate, continue or 6 complete a performance evaluation, and the individual will not provide the7 data to the director of legislative performance evaluations without an assur-8 ance that the individual's identity will remain confidential and exempt from9 disclosure,the director of legislative performance evaluations may by written 10 memorandum to the file provide that the individual's identity will remain con- 11 fidential and exempt from disclosure under chapter 3, title 9, Idaho Code, and 12 this written memorandum will protect the identity of the person from disclo- 13 sure under chapter 3, title 9, Idaho Code, notwithstanding any other provision 14 of law to the contrary. 15 (5) A final copy of the report, including recommendations, the evaluated 16 agency's response, and the governor's response, shall be submitted to the gov- 17 ernor and to the official, officer or person in charge of the state agency 18 examined at least one (1) day prior to its release, and shall be made avail- 19 able to each member of the legislature no later than one (1) day following the 20 report's receipt by the joint legislative oversight committee. 21 ( 46) The committee may meet in executive session to consider whether to 22 direct the director of legislative performance evaluations to initiate or con- 23 tinue a performance evaluation or to receive or consider materials exempt from 24 disclosure under subsection (2), or(3) or (4) of this section. 25 SECTION 2. An emergency existing therefor, which emergency is hereby 26 declared to exist, this act shall be in full force and effect on and after its 27 passage and approval.
STATEMENT OF PURPOSE RS10016 The purpose of this bill is to allow for the protection of the identities of individuals providing information in the course of a performance evaluation. Currently, Idaho Code requires two conditions to be met for an individual's identity to be protected: (1) the information must be necessary to initiate, continue, or complete the evaluation; and (2) the individual must first refuse to provide the information without the assurance that his or her identity will be confidential and exempt from disclosure. This bill retains the first requirement and deletes the second. FISCAL NOTE There is no fiscal impact to this bill. CONTACT: Sen. Marguerite McLaughlin, Co-chair, JLOC 332-1351 Rep. Debbie Field, Co-chair, JLOC 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 673