Sec. KKK-1. 3 MRSA §991, as enacted by PL 2001, c. 702, §2, is amended to read:
§991. Evaluation and Government Accountability
The Office of Program Evaluation and Government Accountability is created for the purpose of providing program evaluation of agencies and programs of State Government. 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 agency purposes.
Sec. KKK-2. 3 MRSA §994, sub-§8, as enacted by PL 2001, c. 702, §2, is amended to read:
8. Subpoenas. To issue subpoenas under the signature of either of the cochairs 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. A subpoena issued under this subsection must be issued pursuant to the provisions of section 165 and chapter 21;
Sec. KKK-3. 3 MRSA §996, as enacted by PL 2001, c. 702, §2, is amended by adding at the end a new paragraph to read:
The Commissioner of Administrative and Financial Services shall provide office space to house the office within the Burton M. Cross Building. This office space must be provided at no charge.
Sec. KKK-4. 3 MRSA §997, sub-§4, as enacted by PL 2001, c. 702, §2, is amended to read:
4. Information available to the office. Notwithstanding any other law relating to the confidentiality of information, all information in the files of a state agency or other entity subject to program evaluation by the office under this chapter must be made available when necessary to the office for performance of its duties. Information that is made available to the office is governed by chapter 21, which governs legislative investigating committees, and by Title 1, chapter 13, which governs public records and proceedings.
A. Before beginning a program evaluation under this chapter that may require access to records containing confidential or privileged information, the office shall 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 access to information that is privileged or confidential by appropriate methods, which may include examining records without copying or removing them from the source.
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 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.
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.
Sec. KKK-5. Determination of necessary information. The joint legislative committee established to oversee program evaluation and government accountability matters pursuant to the Maine Revised Statutes, Title 3, chapter 37, referred to in this section as "the committee," shall review and determine the types of confidential information the committee will require in order to fulfill the purposes set forth in Title 3, chapter 37. The committee shall report its findings and recommendations, together with any necessary proposed implementing legislation, to the Second Regular Session of the 121st Legislature.
Sec. KKK-6. Appropriations and allocations. The following appropriations and allocations are made.
PROGRAM EVALUATION AND
GOVERNMENT ACCOUNTABILITY,
OFFICE OF
Office of Program Evaluation and
Government Accountability
Initiative: Provides funds for the Office of Program Evaluation and Government Accountability, including funds for one Director, Office of Program Evaluation and Government Accountability position starting in fiscal year 2003-04 and one Analyst-Attorney position and one Administrative Secretary position starting in fiscal year 2004-05 and other related costs.
General Fund 2003-04 2004-05
Positions - Legislative Count (1.000) (3.000)
Personal Services $19,709 $255,892
All Other 280,291 44,108
__________ __________
General Fund Total $300,000 $300,000
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