HB 1424-FN - AS INTRODUCED
2016 SESSION
\t16-2502
\t05/09
HOUSE BILL\t1424-FN
AN ACT\testablishing an office of program evaluation and government accountability.
SPONSORS:\tRep. Hannon, Straf. 25; Rep. Whitehouse, Straf. 2
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill establishes an office of program evaluation and government accountability.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2502
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing an office of program evaluation and government accountability.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Office of Program Evaluation and Government Accountability. Amend RSA by inserting after chapter 17-R the following new chapter:
CHAPTER 17-S
OFFICE OF PROGRAM EVALUATION AND
GOVERNMENT ACCOUNTABILITY
\t17-S:1 Office of Evaluation and Government Accountability Established. The office of program evaluation and government accountability is hereby established for the purpose of providing program evaluation of agencies and programs of state government and, when determined necessary by the committee, local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies, or any municipal or nonprofit corporation. The office also is established to ensure that public funds provided to local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies, or any municipal or nonprofit corporation are expended for the purposes for which they were allocated, appropriated or contracted. When authorized by the committee, the office also may examine or direct an examination of any state contractor financed in whole or part by public funds and any expenditure by any public official or public employee during the course of public duty, including, but not limited to, any expenditure of private money for the purposes of the agency or other entity.
\t17-S:2 Definitions. As used in this chapter, unless the context otherwise indicates:
\t\tI. "Committee" means the joint legislative committee on program evaluation and government accountability established in RSA 17-S:3.
\t\tII. "Director" means the director of the office of program evaluation and government accountability, appointed pursuant to RSA 17-S:5.
\t\tIII. "Office" means the office of program evaluation and government accountability established in RSA 17-S:1.
\t\tIV. "Other entity" means any public or private entity in this state that may be subject to program evaluation under this chapter as the result of its receipt or expenditure of public funds. "Other entity" may include local and county governments, quasi-municipal governments, special districts, utility districts, regional development agencies, or any municipal or nonprofit corporation.
\t\tV. "Program evaluation" means an examination of any government program that includes performance audits, management analysis, inspections, operations, research, or examinations of efficiency, effectiveness, or economy.
\t\tVI. "Qualified auditor" means an auditor who meets the education and experience requirements of the audit division of the office of the legislative budget assistant.
\t\tVII. "State agency" means each state board, commission, department, program, office or institution, educational or otherwise, of this state.
\t\tVIII. "Working paper" means all documentary and other information acquired, prepared, or maintained by the office during the conduct of a program evaluation, including all intra-agency and interagency communications relating to a program evaluation and includes electronic messages and draft reports or any portion of a draft report.
\t17-S:3 Committee Membership; Chairs. There is established a joint legislative committee on program evaluation and government accountability. The membership of the committee and the selection of chairs shall be established by joint rule of the legislature.
\t17-S:4 Duties of Committee. The committee shall:
\t\tI. Evaluate the director of the office and make a recommendation to the joint committee on legislative facilities in writing regarding the reappointment of the director of the office before the facilities committee considers the reappointment of the director of the office.
\t\tII. Review and approve the annual work plan of the office.
\t\tIII. Direct the office to conduct program evaluations.
\t\tIV. When the committee determines that an examination as part of a program evaluation requires the services of a qualified auditor, request the legislative budget assistant to conduct all or part of an examination or, if the legislative budget assistant is unable to perform the examination within the time frame established by the committee, to direct the office to obtain the services of a qualified auditor.
\t\tV. Hold public hearings for the purpose of receiving reports from the office and questioning public officials about office findings and recommendations.
\t\tVI. Examine witnesses and to order the appearance of any person or the appearance of any person for the purpose of production to the committee of papers or records, including books, accounts, documents, computer disks or memory or other electronic media and other materials regardless of their physical or electronic form.
\t\tVII. Administer oaths to witnesses appearing before the committee when, by a majority vote, the committee determines the administration of an oath necessary and advisable, to determine if there is probable cause that a witness has committed perjury by testifying falsely before the committee and to direct the attorney general to institute legal proceedings as provided by law.
\t\tVIII. Vote at the committee's discretion to endorse, to endorse in part, or to release a report of the office without endorsement.
\t\tIX. Issue subpoenas upon a majority vote of the committee in the event of refusal to appear or to produce papers or records, including books, accounts, documents, computer disks or memory or other electronic media and other materials regardless of their physical or electronic form.
\t\tX. Conduct meetings at such times as the cochairs determine necessary.
\t\tXI. Adopt, publish, and make available to the public rules governing its procedures consistent with the procedures in RSA 541-A. By January 1, 2017, the committee shall develop a mission statement to be included in the rules.
\t\tXII. Establish a system to provide immediate review of a program or function of a state agency or other entity in the event that there is a suspicion of a major mismanagement of public funds or functions. If the director determines to proceed under the immediate review system and the committee approves proceeding under that system, qualified auditors and investigators may be retained by the director for that purpose. The director shall coordinate efforts with the attorney general, the legislative budget assistant, and others considered appropriate by the director.
\t17-S:5 Director.
\t\tI. Not earlier than April 1, 2017, the joint committee on legislative facilities shall appoint by an affirmative vote of 8 members of the committee a nonpartisan director of the office for the purposes of conducting program evaluations pursuant to this chapter. The director shall be appointed to an initial 5-year term, which is subject to renewal by the facilities committee every 5 years thereafter. During the term of the contract, the director may be terminated only for cause by an affirmative vote of 8 members of the facilities committee. The facilities committee shall establish the compensation of the director. The director's duties shall be performed independently and in a nonpartisan manner, but under the general policy direction of the committee.
\t\tII. The director shall supervise the staff of the office in accordance with policies adopted by the committee and consistent with the policies of the joint legislative facilities committee. The director shall prepare and present a biennial budget to the committee for its approval. Money appropriated or allocated to the office shall be expended in the discretion of the director and the committee only. The director also shall prepare and present an annual work plan to the committee for its consideration and approval. The director also may contract with private individuals or entities for the conduct of program evaluations under this chapter. The director may request the committee to issue subpoenas.
\t\tIII. Employees shall be nonpartisan. Employees of the office are employed by and are responsible to the director, who shall hire and fix the compensation of each employee, subject to the approval of the committee and within resources available in the biennial budget. Other than the director appointed pursuant to paragraph I, an employee of the office may not be employed prior to July 1, 2017.
\t\tIV. The director shall prepare an annual report of the office's activities for each calendar year and shall submit that annual report to the committee and the legislature no later than January 15th of each calendar year.
\t\tV. The director may access confidential information disclosed by the legislative budget assistant in order to ensure appropriate agency referral or coordination between agencies to respond appropriately to all complaints.
\t17-S:6 Assistance to Committee. The department of justice, budget director, legislative budget assistant, the commissioner of the department of administrative services, and the commissioner of the department of revenue administration shall assist the committee and office with program evaluations under this chapter if the committee and the director determine that such assistance is necessary.
\t17-S:7 Conduct and Issuance of Program Evaluation Reports.
\t\tI. The director and the office shall adhere to the following provisions relative to conducting and issuing program evaluation reports under this chapter.
\t\tII. Prior to the presentation of a program evaluation under this chapter to the committee by the office, the director of the evaluated state agency or other entity must have an opportunity to review a draft of the program evaluation report. Within 15 calendar days of receipt of the draft report, the director of the evaluated state agency or other entity may provide to the office comments on the draft report. If provided to the office by the comment deadline, the comments must be included in the final report when it is presented to the committee. Failure by the director of an evaluated agency or other entity to submit its comments on the draft report by the comment deadline may not delay the submission of a report to the committee or its release to the public.
\t\tIII. All documents, writings, drafts, electronic communications, and information transmitted pursuant to this section are confidential and may not be released to the public prior to the time the office issues its program evaluation report.
\t\tIV. The director shall notify the committee when each final program evaluation report under this chapter is completed. The report shall then be placed on the agenda for a future committee meeting. At the meeting where a report appears on the agenda for the first time, the director will release that report to the committee and to the public simultaneously. The committee, at its discretion, may vote to endorse, to endorse in part, or to decline to endorse the report submitted by the director. If the committee determines it is necessary, the committee may report out to the legislature legislation to implement the findings and recommendations of any program evaluation report presented to it by the office.
\t\tV. The director shall issue program evaluation reports, favorable or unfavorable, of any state agency or other entity, and these reports are public records, except that, prior to the release of a program evaluation report pursuant to paragraph IV or the point at which a program evaluation is no longer being actively pursued, all papers, physical and electronic records and correspondence, and other supporting materials comprising the working papers in the possession of the director or other entity charged with the preparation of a program evaluation report are confidential and exempt from disclosure. All other records or materials in the possession of the director or other entity charged with the preparation of a program evaluation report under this chapter that would otherwise be confidential or exempt from disclosure are exempt from disclosure. Prior to the release of a program evaluation report pursuant to paragraph IV or the point at which a program evaluation is no longer being actively pursued, all papers, physical and electronic records and correspondence and other supporting materials comprising the working papers in the possession of the director or other entity charged with the preparation of a program evaluation report are confidential and may not be released or disclosed by the director to the joint legislative fiscal committee or an agent or representative of the committee. This paragraph shall not be construed to prohibit or prevent public access to the records of a state agency or other entity in the possession of the director that would otherwise be subject to disclosure pursuant to the provisions of RSA 91-A. The director shall refer requests for access to those records directly to the state agency or other entity that is the official custodian of the requested records, which shall respond to the request for public records.
\t\tVI. Upon request of the office and consistent with the conditions and procedures set forth in this section, state agencies or other entities subject to program evaluation shall provide the office access to information that is privileged or confidential, which governs public records and proceedings.
\t\t\t(a) Before beginning a program evaluation under this chapter that may require access to records containing confidential or privileged information, the office shall furnish a written statement of its determination that it is necessary for the office to access such records and consult with representatives of the state agency or other entity to discuss methods of identifying and protecting privileged or confidential information in those records. During that consultation, the state agency or other entity shall inform the office of all standards and procedures set forth in its policies or agreements to protect information considered to be confidential or privileged. The office shall limit its access to information that is privileged or confidential by appropriate methods, which may include examining records without copying or removing them from the source.
\t\t\t(b) Documentary or other information obtained by the office during the course of a program evaluation under this chapter is privileged or confidential to the same extent under law that information would be privileged or confidential in the possession of the state agency or other entity providing the information. Any privilege or statutory provision, including penalties, concerning the confidentiality or obligation not to disclose information in the possession of a state agency or other entity or its officers or employees applies equally to the office. Privileged or confidential information obtained by the office during the course of a program evaluation may be disclosed only as provided by law and with the agreement of the state agency or other entity subject to the program evaluation that provided the information.
\t\t\t(c) If the office accesses information classified as privileged or confidential pursuant to state agency or other entity policy or procedures or by agreement, the office shall comply with the state agency's or other entity's standards or procedures for handling that information. The office may include in its working papers the excerpts from information classified as confidential or privileged as may be necessary to complete the program evaluation under this chapter, as long as the use does not infringe on department policies or procedures applicable to the original provision of information.
\t\tVII. Except as provided in this section, working papers are confidential and may not be disclosed to any person. Prior to the release of the final program evaluation report, the director has sole discretion to disclose working papers to the state agency or other entity subject to the program evaluation when disclosure will not prejudice the program evaluation. After release of the final program evaluation report, working papers may be released as necessary to the state agency or other entity that was subject to the program evaluation under this chapter.
\t\tVIII. If data supplied by an individual are needed to initiate, continue or complete a program evaluation under this chapter, the director may, by written memorandum to the file, provide that the individual's identity will remain confidential and exempt from disclosure under RSA 91-A, and this written memorandum protects the identity of the person from disclosure under RSA 91-A, notwithstanding any other provision of law to the contrary.
\t\tIX. A final copy of a program evaluation report under paragraph IV, including recommendations and the evaluated state agency's or other entity's comments, shall be submitted to the commissioner or director of the state agency or other entity examined at least one day prior to the report's public release, and shall be made available to each member of the legislature no later than one day following the report's receipt by the committee. The office may satisfy the requirement to provide each legislator a copy of the report by furnishing the report directly by electronic means or by providing notice to each legislator of the availability of the report on the office's publicly accessible site on the Internet.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2502
\t\t\t\t\t\t\t\t\t\t\t11/16/15
HB 1424-FN- FISCAL NOTE
AN ACT\testablishing an office of program evaluation and government accountability.
FISCAL IMPACT:
The Legislative Branch, Department of Justice, Department of Revenue Administration, Department of Administrative Services, New Hampshire Association of Counties, and New Hampshire Municipal Association, state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter, and may increase county and local expenditures by indeterminable amounts in FY 2018 and each year thereafter. There will be no fiscal impact to state, county, and local revenue.
METHODOLOGY:
The Legislative Branch states this bill establishes the Office of Program Evaluation and Government Accountability (OPEGA) for the purpose of providing program evaluation of agencies and programs of state, county, local, and quasi-municipal governments; special and utility districts; regional development agencies; and municipal or nonprofit corporations. This bill specifies that the joint committee on legislative facilities shall appoint a nonpartisan director no earlier than April 1, 2017, and establish the salary for the director. The director may not hire any employee prior to July 1, 2017. This bill establishes the joint committee on program evaluation and government accountability to oversee OPEGA. The Department of Justice, Office of Legislative Budget Assistant, Department of Administrative Services, and Department of Revenue administration shall assist the committee and OPEGA with program evaluations if the committee and OPEGA determine it is necessary. The Legislative Branch states this bill will increase state expenditures by an unknown amount because the salary for the director and the budget for OPEGA are not established in this bill.
The Department of Justice, Department of Administrative Services, and Department of Revenue state that to the extent they must assist OPEGA with program evaluations, state expenditures could increase by an indeterminable amount. The Department of Administrative Services states that to the extent OPEGA conducts program evaluations of state agencies, state expenditures could increase by an unknown amount as such evaluations would require agency resources to complete. The fiscal impact is indeterminable because the frequency and scope of program evaluations are not defined in this bill.
The New Hampshire Association of Counties and New Hampshire Municipal Association state that to the extent OPEGA conducts program evaluations at the county and local levels, expenditures may increase depending on the volume of records requested and staff time necessary to assist with the evaluations.