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H0674......................................................by STATE AFFAIRS OFFICE OF PERFORMANCE EVALUATIONS - Amends existing law to clarify that the agency under review shall be responsible to respond to requests for public documents of the agency following a review by 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 - 65-0-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, 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, 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 - 31-0-4 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow, Danielson, Geddes, Stegner 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 430 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. 674 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 RESPONSIBILITY FOR RELEASE OF PUBLIC 4 RECORDS OF AN AGENCY FOLLOWING REVIEW BY THE DIRECTOR OF LEGISLATIVE PER- 5 FORMANCE EVALUATIONS; AND DECLARING AN EMERGENCY. 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, aAll other records or materials in the possession of 2 1 the director of legislative performance evaluations or other entity 2 charged with the preparation of a performance evaluation report that would 3 otherwise be confidential or exempt from disclosure shall be exempt from 4 disclosure pursuant to the provisions of chapter 3, title 9, Idaho Code. 5 (c) Nothing herein shall be construed to prohibit or prevent public 6 access to state agency records in the possession of the director of legis- 7 lative performance evaluations that would otherwise be subject to disclo- 8 sure pursuant to the provisions of chapter 3, title 9, Idaho Code. The 9 director of legislative performance evaluations shall refer requests for 10 access to those records directly to the state agency that is the official 11 custodian of the requested records, which shall be responsible for 12 responding to the request for public records. 13 (4) If data supplied by an individual are needed to initiate, continue or 14 complete a performance evaluation and the individual will not provide the data 15 to the director of legislative performance evaluations without an assurance 16 that the individual's identity will remain confidential and exempt from dis- 17 closure, the director of legislative performance evaluations may by written 18 memorandum to the file provide that the individual's identity will remain con- 19 fidential and exempt from disclosure under chapter 3, title 9, Idaho Code, and 20 this written memorandum will protect the identity of the person from disclo- 21 sure under chapter 3, title 9, Idaho Code, notwithstanding any other provision 22 of law to the contrary. 23 (5) A final copy of the report, including recommendations, the evaluated 24 agency's response, and the governor's response, shall be submitted to the gov- 25 ernor and to the official, officer or person in charge of the state agency 26 examined at least one (1) day prior to its release, and shall be made avail- 27 able to each member of the legislature no later than one (1) day following the 28 report's receipt by the joint legislative oversight committee. 29 ( 46) The committee may meet in executive session to consider whether to 30 direct the director of legislative performance evaluations to initiate or con- 31 tinue a performance evaluation or to receive or consider materials exempt from 32 disclosure under subsection (2), or(3) or (4) of this section. 33 SECTION 2. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
STATEMENT OF PURPOSE RS10126C1 The purpose of this bill is to allow the office of Performance Evaluations (OPE) to refer requests for state agency records to the custodial state agency, which shall be responsible for responding. This will have the effect of reducing the administrative and legal burden on the Office of Performance Evaluations incurred from responding to requests for records that include both confidential and public information under the evaluated agency's statutory provisions. 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 674