Legislative program evaluations.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0003

ENROLLED ACT NO. 81, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to legislative audits; authorizing the disclosure of information relating to legislative audits under specified conditions; providing for the reporting of apparent criminal violations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 28
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107(d) and 28
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108 are amended to read:

28
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107.

Auditing of state agencies; management audit committee; factors to be considered in audit reports.

(d)

The contents of the audit report, its findings and documentation are confidential and shall not be disclosed by any member of the management audit committee or employee of the legislative service office or agency being audited until the completed audit report is released, but the committee may discuss the contents of the audit report with the governor before release of the final report.
The chairman of the management audit committee and the director may disclose and discuss any report made pursuant to W.S. 28
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108(c) with the governor regardless of the status of the audit report.

28
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108.

Comments, recommendations and suggestions in audit reports; disclosure of confidential information; unauthorized reports or releases; reporting criminal violations.

(a)

The reports of the legislative service office may include comments, recommendations and suggestions, but neither the director nor the auditors shall have any authority to enforce
them
any recommendation or suggestion
nor shall they otherwise influence or direct executive or legislative action. All information obtained by the legislative service office related to an audit is deemed not to be a public record and shall remain confidential information in the possession of the legislative service office.
Except as otherwise provided in this section or W.S. 28
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107(d), t
his information may be disclosed by the legislative service office only to members of the legislative committee for which the information was obtained, only to the extent necessary to document a statement or report, and only in
such
a manner
as to protect
that protects
individual identities.

(b)

Any member of the legislative service office who knowingly discloses confidential information other than as authorized by
subsection (a) of
this section, discloses the contents of audit reports prohibited by W.S. 28
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107 or releases other reports or information not authorized by the management council, the management audit committee or by statute is subject to immediate termination of employment.

(c)

If information obtained by the legislative service office related to an audit discloses an indication of a violation of any criminal law of this state the information shall be reported by the legislative service office employee discovering the apparent violation to the director who shall report the apparent violation to the chairman of the management audit committee and thereafter or concurrently therewith, to the attorney general. Any report under this subsection may be made with the supporting information from the audit determined to be necessary or convenient. Upon request of the attorney general in investigating any apparent violation reported pursuant to this subsection, the legislative service office shall make available to the attorney general any information requested which was obtained during the audit, regardless of the status of the audit report.

(d)

The legislative service office shall release information obtained in conducting an audit in response to a court subpoena in a criminal proceeding.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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