2000 Legislation
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HOUSE BILL NO. 673 – Performance Evaluations, confidentl

HOUSE BILL NO. 673

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Daily Data Tracking History



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

Bill Text


 H0673
                                                                        
                                                                        
  ||||              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 the
  7    data to the director of legislative performance evaluations without an  assur-
  8    ance  that  the individual's identity will remain confidential and exempt from
  9    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 / Fiscal Impact


     
     
                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