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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
H0674
|||| 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