House Bill H0200

2015 Freedom Index Score: (-4)

Analyst: Parrish Miller
Date of analysis: March 2, 2015

ANALYST'S NOTE: House Bill 200 creates a new entity of government, the "Office of the Inspector
General," and grants this newly-created entity a number of powers and expansive authority. The net
impact of the bill also requires $350,000 in appropriations and creates concerning exceptions to Idaho's
public records laws.

Point No. 1 Does it create, expand, or enlarge any agency, board, program, function, or activity of
government? Conversely, does it eliminate or curtail the size or scope of government?
ANALYSIS: House Bill 200 creates Chapter 6, Title 74, Idaho Code, to establish the "office of the
state inspector general, which shall be headed by a state inspector general appointed by the
governor, subject to confirmation by the senate." (-1)
ANALYSIS: House Bill 200 goes on to grant a number of powers to the inspector general
including the power to "make and enter into contracts and agreements"; "apply for and accept
grants from the United States government and agencies and instrumentalities thereof, and any
other source"; and "investigate the management and operations of state agencies to determine
whether acts of fraud, waste, abuse or corruption have been committed or are being committed
by state officers or employees, including any allegations of criminal acts affecting the operations
of state agencies." Don't get the idea that the "office of the state inspector general" will be a
benign entity. It is granted extensive investigative and enforcement powers under this chapter.

"The state inspector general may enter upon the premises of any state agency at any
time, without prior announcement, if necessary to the successful completion of an
investigation. [Emphasis added; Page 3, lines 24-26.]
In the course of an investigation, the state inspector general may question any officer or
employee serving in, and any person transacting business with, the state agency and

may inspect and copy any books, records or papers in the possession of the state
agency. [Emphasis added; Page 3, lines 26-29.]
"The state inspector general or investigators appointed by him shall be sworn to enforce
the statutes and rules pertaining to the office." [Emphasis added; Page 3, lines 34-36.]
"The state inspector general or investigators appointed by him also shall have the
authority to issue summonses for violations of the statutes that the state inspector
general is required to enforce." [Emphasis added; Page 3, lines 38-40.]
"The state inspector general or a designated subordinate may issue a subpoena for the
appearance of an individual before any hearing conducted by the office." [Emphasis
added; Page 4, lines 5-7.]

There is also a mandate that "each state agency and every officer and employee shall"
"promptly report any allegations of criminal acts or acts of fraud, waste, abuse, corruption or
mistreatment" and "cooperate with, and provide assistance to, the state inspector general in
the performance of any investigation." [Emphasis added; Page 3, lines 11-16.] (-1)

Point No. 7 Does it increase government spending (for objectionable purposes) or debt? Conversely,
does it decrease government spending or debt?
ANALYSIS: In addition to creating a new entity of government and granting it power, House Bill
200 does not provide a stable funding mechanism for this entity. As the fiscal note estimates
that "the likely cost for an Inspector General, two investigators and one support staff is about
$350,000 per year," we must assume that this money will be distributed from the general fund
(which takes away from other priorities) and/or from federal grants (which reduces the state's
independence and increases federal interference in state and local matters.) (-1)

Point No. 8 Does it in any way restrict public access to information related to government activity or
otherwise compromise government transparency or accountability? Conversely, does it increase public
access to information related to government activity or increase government transparency or
accountability?
ANALYSIS: What exactly will the Inspector General and his staff do with their authority and
funding? We probably won't ever really know because "except upon a finding by the inspector
general of fraud, waste, abuse or corruption, a complaint received and documents or materials
relating to an investigation of such complaint conducted pursuant to this act are exempt from
public disclosure provided by chapter 3, title 9, Idaho Code." Investigations which turn up
nothing will remain confidential which means there is virtually no way of holding this office
accountable. Furthermore, "the state inspector general may conduct such additional
investigations and make such reports relating to the management and operation of state

agencies as are, in the judgment of the state inspector general, necessary or desirable." The
state inspector general is being empowered to investigate any state agency if doing so is
"desirable" in his own opinion. (-1)