2000 Legislation
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HOUSE BILL NO. 674 – Performance evaluation, records


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Daily Data Tracking History

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
      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

Bill Text

  ||||              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
  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:
 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
  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 / Fiscal Impact

                  STATEMENT OF PURPOSE

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 

                      FISCAL NOTE

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 674