Print Friendly HOUSE BILL NO. 673 – Performance Evaluations, confidentl
HOUSE BILL NO. 673
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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,
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
|||| 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-
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-
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
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
43 (b) Additionally, all other records or materials in the possession of the
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
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.
There is no fiscal impact to this bill.
CONTACT: Sen. Marguerite McLaughlin, Co-chair, JLOC
Rep. Debbie Field, Co-chair, JLOC
STATEMENT OF PURPOSE/FISCAL NOTE H 673