A. 9502 2
INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHICH IS
APPOINTED BY THE GOVERNOR.
2. THE TERM "BURDEN" MEANS TIME, EFFORT, OR FINANCIAL RESOURCES
EXPENDED BY PERSONS TO GENERATE, MAINTAIN, OR PROVIDE INFORMATION TO OR
FOR A STATE AGENCY, INCLUDING THE RESOURCES EXPENDED FOR:
(A) REVIEWING INSTRUCTIONS;
(B) ACQUIRING, INSTALLING, AND UTILIZING TECHNOLOGY AND SYSTEMS;
(C) ADJUSTING THE EXISTING WAYS TO COMPLY WITH ANY PREVIOUSLY APPLICA-
BLE INSTRUCTIONS AND REQUIREMENTS;
(D) SEARCHING DATA SOURCES;
(E) COMPLETING AND REVIEWING THE COLLECTION OF INFORMATION; AND
(F) TRANSMITTING, OR OTHERWISE DISCLOSING THE INFORMATION;
3. THE TERM "COLLECTION OF INFORMATION" MEANS THE OBTAINING, CAUSING
TO BE OBTAINED, SOLICITING, OR REQUIRING THE DISCLOSURE TO THIRD PARTIES
OR THE PUBLIC, OF FACTS OR OPINIONS BY OR FOR AN AGENCY, REGARDLESS OF
FORM OR FORMAT, CALLING FOR EITHER:
(A) ANSWERS TO IDENTICAL QUESTIONS POSED TO, OR IDENTICAL REPORTING OR
RECORDKEEPING REQUIREMENTS IMPOSED ON, TEN OR MORE PERSONS, OTHER THAN
AGENCIES, INSTRUMENTALITIES, OR EMPLOYEES OF THE STATE; OR
(B) ANSWERS TO QUESTIONS POSED TO AGENCIES, INSTRUMENTALITIES, OR
EMPLOYEES OF THE STATE WHICH ARE TO BE USED FOR GENERAL STATISTICAL
PURPOSES;
4. THE TERM "INDEPENDENT REGULATORY AGENCY" MEANS ANY AGENCY DESIG-
NATED AS A STATE INDEPENDENT REGULATORY AGENCY OR COMMISSION;
5. THE TERM "INFORMATION RESOURCES" MEANS INFORMATION AND RELATED
RESOURCES, SUCH AS PERSONNEL, EQUIPMENT, FUNDS, AND INFORMATION TECHNOL-
OGY;
6. THE TERM "INFORMATION RESOURCES MANAGEMENT" MEANS THE PROCESS OF
MANAGING INFORMATION RESOURCES TO ACCOMPLISH AGENCY MISSIONS AND TO
IMPROVE AGENCY PERFORMANCE, INCLUDING THROUGH THE REDUCTION OF INFORMA-
TION COLLECTION BURDENS ON THE PUBLIC;
7. THE TERM "INFORMATION SYSTEM" MEANS A DISCRETE SET OF INFORMATION
RESOURCES ORGANIZED FOR THE COLLECTION, PROCESSING, MAINTENANCE, USE,
SHARING, DISSEMINATION, OR DISPOSITION OF INFORMATION;
8. THE TERM "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION,
CORPORATION, BUSINESS TRUST, OR LEGAL REPRESENTATIVE, AN ORGANIZED GROUP
OF INDIVIDUALS, A TERRITORIAL, TRIBAL, OR LOCAL GOVERNMENT OR BRANCH
THEREOF, OR A POLITICAL SUBDIVISION OF A TERRITORY, TRIBAL, OR LOCAL
GOVERNMENT OR A BRANCH OF A POLITICAL SUBDIVISION;
9. THE TERM "PRACTICAL UTILITY" MEANS THE ABILITY OF AN AGENCY TO USE
INFORMATION, PARTICULARLY THE CAPABILITY TO PROCESS SUCH INFORMATION IN
A TIMELY AND USEFUL FASHION;
10. THE TERM "PUBLIC INFORMATION" MEANS ANY INFORMATION, REGARDLESS OF
FORM OR FORMAT, THAT AN AGENCY DISCLOSES, DISSEMINATES, OR MAKES AVAIL-
ABLE TO THE PUBLIC;
11. THE TERM "RECORDKEEPING REQUIREMENT" MEANS A REQUIREMENT IMPOSED
BY OR FOR AN AGENCY ON PERSONS TO MAINTAIN SPECIFIED RECORDS, INCLUDING
A REQUIREMENT TO:
(A) RETAIN SUCH RECORDS;
(B) NOTIFY THIRD PARTIES, THE STATE GOVERNMENT, OR THE PUBLIC OF THE
EXISTENCE OF SUCH RECORDS;
(C) DISCLOSE SUCH RECORDS TO THIRD PARTIES, THE STATE GOVERNMENT, OR
THE PUBLIC; OR
(D) REPORT TO THIRD PARTIES, THE STATE GOVERNMENT, OR THE PUBLIC
REGARDING SUCH RECORDS; AND
A. 9502 3
12. THE TERM "PENALTY" INCLUDES THE IMPOSITION BY AN AGENCY OR COURT
OF A FINE OR OTHER PUNISHMENT; A JUDGMENT FOR MONETARY DAMAGES OR EQUI-
TABLE RELIEF; OR THE REVOCATION, SUSPENSION, REDUCTION, OR DENIAL OF A
LICENSE, PRIVILEGE, RIGHT, GRANT, OR BENEFIT.
S 926. AUTHORITY AND FUNCTIONS OF THE GOVERNOR'S OFFICE OF REGULATORY
REFORM.
1. (A) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL OVERSEE THE
USE OF INFORMATION RESOURCES TO IMPROVE THE EFFICIENCY AND EFFECTIVENESS
OF GOVERNMENTAL OPERATIONS TO SERVE AGENCY MISSIONS, INCLUDING BURDEN
REDUCTION AND SERVICE DELIVERY TO THE PUBLIC. IN PERFORMING SUCH OVER-
SIGHT, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL:
(I) DEVELOP, COORDINATE AND OVERSEE THE IMPLEMENTATION OF STATE INFOR-
MATION RESOURCES MANAGEMENT POLICIES, PRINCIPLES, STANDARDS, AND GUIDE-
LINES; AND
(II) PROVIDE DIRECTION AND OVERSEE:
(A) THE REVIEW AND APPROVAL OF THE COLLECTION OF INFORMATION AND THE
REDUCTION OF THE INFORMATION COLLECTION BURDEN;
(B) AGENCY DISSEMINATION OF AND PUBLIC ACCESS TO INFORMATION;
(C) STATISTICAL ACTIVITIES;
(D) RECORDS MANAGEMENT ACTIVITIES;
(E) PRIVACY, CONFIDENTIALITY, SECURITY, DISCLOSURE, AND SHARING OF
INFORMATION; AND
(F) THE ACQUISITION AND USE OF INFORMATION TECHNOLOGY, INCLUDING
ALTERNATIVE INFORMATION TECHNOLOGIES THAT PROVIDE FOR ELECTRONIC
SUBMISSION, MAINTENANCE, OR DISCLOSURE OF INFORMATION AS A SUBSTITUTE
FOR PAPER AND FOR THE USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
(B) THE AUTHORITY OF THE GOVERNOR'S OFFICE OF REGULATORY REFORM UNDER
THIS ARTICLE SHALL BE EXERCISED CONSISTENT WITH APPLICABLE LAW.
2. WITH RESPECT TO GENERAL INFORMATION RESOURCES MANAGEMENT POLICY,
THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL:
(A) DEVELOP AND OVERSEE THE IMPLEMENTATION OF UNIFORM INFORMATION
RESOURCES MANAGEMENT POLICIES, PRINCIPLES, STANDARDS, AND GUIDELINES;
(B) FOSTER GREATER SHARING, DISSEMINATION, AND ACCESS TO PUBLIC INFOR-
MATION, INCLUDING THROUGH THE DEVELOPMENT AND UTILIZATION OF COMMON
STANDARDS FOR INFORMATION COLLECTION, STORAGE, PROCESSING AND COMMUNI-
CATION, INCLUDING STANDARDS FOR SECURITY, INTERCONNECTIVITY AND INTEROP-
ERABILITY;
(C) INITIATE AND REVIEW PROPOSALS FOR CHANGES IN LEGISLATION, REGU-
LATIONS, AND AGENCY PROCEDURES TO IMPROVE INFORMATION RESOURCES MANAGE-
MENT PRACTICES;
(D) OVERSEE THE DEVELOPMENT AND IMPLEMENTATION OF BEST PRACTICES IN
INFORMATION RESOURCES MANAGEMENT, INCLUDING TRAINING; AND
(E) OVERSEE AGENCY INTEGRATION OF PROGRAM AND MANAGEMENT FUNCTIONS
WITH INFORMATION RESOURCES MANAGEMENT FUNCTIONS.
3. WITH RESPECT TO THE COLLECTION OF INFORMATION AND THE CONTROL OF
PAPERWORK, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL:
(A) REVIEW AND APPROVE PROPOSED AGENCY COLLECTIONS OF INFORMATION;
(B) MINIMIZE THE STATE INFORMATION COLLECTION BURDEN, WITH PARTICULAR
EMPHASIS ON THOSE INDIVIDUALS AND ENTITIES MOST ADVERSELY AFFECTED;
(C) MAXIMIZE THE PRACTICAL UTILITY OF AND PUBLIC BENEFIT FROM INFORMA-
TION COLLECTED BY OR FOR THE STATE GOVERNMENT; AND
(D) ESTABLISH AND OVERSEE STANDARDS AND GUIDELINES BY WHICH AGENCIES
ARE TO ESTIMATE THE BURDEN TO COMPLY WITH A PROPOSED COLLECTION OF
INFORMATION.
A. 9502 4
4. WITH RESPECT TO INFORMATION DISSEMINATION, THE GOVERNOR'S OFFICE OF
REGULATORY REFORM SHALL DEVELOP AND OVERSEE THE IMPLEMENTATION OF POLI-
CIES, PRINCIPLES, STANDARDS, AND GUIDELINES TO:
(A) APPLY TO STATE AGENCY DISSEMINATION OF PUBLIC INFORMATION, REGARD-
LESS OF THE FORM OR FORMAT IN WHICH SUCH INFORMATION IS DISSEMINATED;
AND
(B) PROMOTE PUBLIC ACCESS TO PUBLIC INFORMATION AND FULFILL THE
PURPOSES OF THIS ARTICLE, INCLUDING THROUGH THE EFFECTIVE USE OF INFOR-
MATION TECHNOLOGY.
5. WITH RESPECT TO STATISTICAL POLICY AND COORDINATION, THE GOVERNOR'S
OFFICE OF REGULATORY REFORM SHALL:
(A) COORDINATE THE ACTIVITIES OF THE STATE STATISTICAL SYSTEM TO
ENSURE:
(I) THE EFFICIENCY AND EFFECTIVENESS OF THE SYSTEM; AND
(II) THE INTEGRITY, OBJECTIVITY, IMPARTIALITY, UTILITY, AND CONFIDEN-
TIALITY OF INFORMATION COLLECTED FOR STATISTICAL PURPOSES;
(B) ENSURE THAT BUDGET PROPOSALS OF AGENCIES ARE CONSISTENT WITH
SYSTEM-WIDE PRIORITIES FOR MAINTAINING AND IMPROVING THE QUALITY OF
STATE STATISTICS AND PREPARE AN ANNUAL REPORT ON STATISTICAL PROGRAM
FUNDING;
(C) DEVELOP AND OVERSEE THE IMPLEMENTATION OF GOVERNMENT POLICIES,
PRINCIPLES, STANDARDS, AND GUIDELINES CONCERNING:
(I) STATISTICAL COLLECTION PROCEDURES AND METHODS;
(II) STATISTICAL DATA CLASSIFICATION;
(III) STATISTICAL INFORMATION PRESENTATION AND DISSEMINATION;
(IV) TIMELY RELEASE OF STATISTICAL DATA; AND
(V) SUCH STATISTICAL DATA SOURCES AS MAY BE REQUIRED FOR THE ADMINIS-
TRATION OF STATE PROGRAMS;
(D) EVALUATE STATISTICAL PROGRAM PERFORMANCE AND AGENCY COMPLIANCE
WITH GOVERNMENT POLICIES, PRINCIPLES, STANDARDS AND GUIDELINES;
(E) PROMOTE THE SHARING OF INFORMATION COLLECTED FOR STATISTICAL
PURPOSES CONSISTENT WITH PRIVACY RIGHTS AND CONFIDENTIALITY PLEDGES;
(F) PROVIDE OPPORTUNITIES FOR TRAINING IN STATISTICAL POLICY FUNCTIONS
TO EMPLOYEES OF THE STATE GOVERNMENT UNDER WHICH:
(I) EACH TRAINEE SHALL BE SELECTED AT THE DISCRETION OF THE GOVERNOR'S
OFFICE OF REGULATORY REFORM BASED ON AGENCY REQUESTS; AND
(II) ALL COSTS OF THE TRAINING SHALL BE PAID BY THE AGENCY REQUESTING
TRAINING.
6. WITH RESPECT TO RECORDS MANAGEMENT, THE GOVERNOR'S OFFICE OF REGU-
LATORY REFORM SHALL:
(A) REVIEW COMPLIANCE BY AGENCIES WITH THIS ARTICLE; AND
(B) OVERSEE THE APPLICATION OF RECORDS MANAGEMENT POLICIES, PRINCI-
PLES, STANDARDS, AND GUIDELINES, INCLUDING REQUIREMENTS FOR ARCHIVING
INFORMATION MAINTAINED IN ELECTRONIC FORMAT, IN THE PLANNING AND DESIGN
OF INFORMATION SYSTEMS.
7. WITH RESPECT TO PRIVACY AND SECURITY, THE GOVERNOR'S OFFICE OF
REGULATORY REFORM SHALL:
(A) DEVELOP AND OVERSEE THE IMPLEMENTATION OF POLICIES, PRINCIPLES,
STANDARDS, AND GUIDELINES ON PRIVACY, CONFIDENTIALITY, SECURITY, DISCLO-
SURE AND SHARING OF INFORMATION COLLECTED OR MAINTAINED BY OR FOR AGEN-
CIES; AND
(B) REQUIRE STATE AGENCIES, CONSISTENT WITH THE STANDARDS AND GUIDE-
LINES PROMULGATED UNDER FEDERAL LAW, TO IDENTIFY AND AFFORD SECURITY
PROTECTIONS COMMENSURATE WITH THE RISK AND MAGNITUDE OF THE HARM RESULT-
ING FROM THE LOSS, MISUSE, OR UNAUTHORIZED ACCESS TO OR MODIFICATION OF
INFORMATION COLLECTED OR MAINTAINED BY OR ON BEHALF OF AN AGENCY.
A. 9502 5
8. WITH RESPECT TO STATE INFORMATION TECHNOLOGY, THE GOVERNOR'S OFFICE
OF REGULATORY REFORM SHALL:
(A) DEVELOP AND OVERSEE THE IMPLEMENTATION OF POLICIES, PRINCIPLES,
STANDARDS, AND GUIDELINES FOR INFORMATION TECHNOLOGY FUNCTIONS AND
ACTIVITIES OF THE STATE GOVERNMENT, INCLUDING PERIODIC EVALUATIONS OF
MAJOR INFORMATION SYSTEMS; AND
(B) ENSURE, THROUGH THE REVIEW OF AGENCY BUDGET PROPOSALS, INFORMATION
RESOURCES MANAGEMENT PLANS AND OTHER MEANS:
(I) AGENCY INTEGRATION OF INFORMATION RESOURCES MANAGEMENT PLANS,
PROGRAM PLANS AND BUDGETS FOR ACQUISITION AND USE OF INFORMATION TECH-
NOLOGY; AND
(II) THE EFFICIENCY AND EFFECTIVENESS OF INTER-AGENCY INFORMATION
TECHNOLOGY INITIATIVES TO IMPROVE AGENCY PERFORMANCE AND THE ACCOMPLISH-
MENT OF AGENCY MISSIONS; AND
(E) PROMOTE THE USE OF INFORMATION TECHNOLOGY BY THE STATE GOVERNMENT
TO IMPROVE THE PRODUCTIVITY, EFFICIENCY, AND EFFECTIVENESS OF STATE
PROGRAMS, INCLUDING THROUGH DISSEMINATION OF PUBLIC INFORMATION AND THE
REDUCTION OF INFORMATION COLLECTION BURDENS ON THE PUBLIC.
S 927. ASSIGNMENT OF TASKS AND DEADLINES. 1. IN CARRYING OUT THE FUNC-
TIONS UNDER THIS ARTICLE, THE GOVERNOR'S OFFICE OF REGULATORY REFORM
SHALL:
(A) IN CONSULTATION WITH AGENCY HEADS, SET AN ANNUAL GOAL FOR THE
REDUCTION OF INFORMATION COLLECTION BURDENS BY THE STATE GOVERNMENT BY
AT LEAST TEN PERCENT DURING EACH OF FISCAL YEARS TWO THOUSAND ELEVEN AND
TWO THOUSAND TWELVE AND FIVE PERCENT DURING EACH OF FISCAL YEARS TWO
THOUSAND THIRTEEN, TWO THOUSAND FOURTEEN, TWO THOUSAND FIFTEEN AND TWO
THOUSAND SIXTEEN, AND SET ANNUAL AGENCY GOALS TO:
(I) REDUCE INFORMATION COLLECTION BURDENS IMPOSED ON THE PUBLIC THAT:
(A) REPRESENT THE MAXIMUM PRACTICABLE OPPORTUNITY IN EACH AGENCY; AND
(B) ARE CONSISTENT WITH IMPROVING AGENCY MANAGEMENT OF THE PROCESS FOR
THE REVIEW OF COLLECTIONS OF INFORMATION ESTABLISHED UNDER SECTION NINE
HUNDRED TWENTY-EIGHT OF THIS ARTICLE; AND
(II) IMPROVE INFORMATION RESOURCES MANAGEMENT IN WAYS THAT INCREASE
THE PRODUCTIVITY, EFFICIENCY AND EFFECTIVENESS OF STATE PROGRAMS,
INCLUDING SERVICE DELIVERY TO THE PUBLIC;
(B) WITH SELECTED AGENCIES AND NON-STATE ENTITIES ON A VOLUNTARY
BASIS, CONDUCT PILOT PROJECTS TO TEST ALTERNATIVE POLICIES, PRACTICES,
REGULATIONS, AND PROCEDURES TO FULFILL THE PURPOSES OF THIS ARTICLE,
PARTICULARLY WITH REGARD TO MINIMIZING THE STATE INFORMATION COLLECTION
BURDEN; AND
(C) DEVELOP AND MAINTAIN A STRATEGIC PLAN FOR INFORMATION RESOURCES
MANAGEMENT, THAT SHALL INCLUDE:
(I) A DESCRIPTION OF THE OBJECTIVES AND THE MEANS BY WHICH THE STATE
GOVERNMENT SHALL APPLY INFORMATION RESOURCES TO IMPROVE AGENCY AND
PROGRAM PERFORMANCE;
(II) PLANS FOR:
(A) REDUCING INFORMATION BURDENS ON THE PUBLIC, INCLUDING REDUCING
SUCH BURDENS THROUGH THE ELIMINATION OF DUPLICATION AND MEETING SHARED
DATA NEEDS WITH SHARED RESOURCES;
(B) ENHANCING PUBLIC ACCESS TO AND DISSEMINATION OF, INFORMATION,
USING ELECTRONIC AND OTHER FORMATS; AND
(C) MEETING THE INFORMATION TECHNOLOGY NEEDS OF THE STATE GOVERNMENT
IN ACCORDANCE WITH THE PURPOSES OF THIS ARTICLE; AND
(III) A DESCRIPTION OF PROGRESS IN APPLYING INFORMATION RESOURCES
MANAGEMENT TO IMPROVE AGENCY PERFORMANCE AND THE ACCOMPLISHMENT OF
MISSIONS.
A. 9502 6
2. FOR PURPOSES OF ANY PILOT PROJECT CONDUCTED UNDER PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION, THE GOVERNOR'S OFFICE OF REGULATORY
REFORM MAY, AFTER CONSULTATION WITH THE AGENCY HEAD, WAIVE THE APPLICA-
TION OF ANY ADMINISTRATIVE DIRECTIVE ISSUED BY AN AGENCY WITH WHICH THE
PROJECT IS CONDUCTED, INCLUDING ANY DIRECTIVE REQUIRING A COLLECTION OF
INFORMATION, AFTER GIVING TIMELY NOTICE TO THE PUBLIC AND THE LEGISLA-
TURE REGARDING THE NEED FOR SUCH WAIVER.
S 928. STATE AGENCY RESPONSIBILITIES. 1. (A) THE HEAD OF EACH AGENCY
SHALL BE RESPONSIBLE FOR:
(I) CARRYING OUT THE AGENCY'S INFORMATION RESOURCES MANAGEMENT ACTIV-
ITIES TO IMPROVE AGENCY PRODUCTIVITY, EFFICIENCY, AND EFFECTIVENESS; AND
(II) COMPLYING WITH THE REQUIREMENTS OF THIS ARTICLE AND RELATED POLI-
CIES ESTABLISHED BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM.
(B) THE HEAD OF EACH AGENCY SHALL DESIGNATE A CHIEF INFORMATION OFFI-
CER WHO SHALL REPORT DIRECTLY TO SUCH AGENCY HEAD TO CARRY OUT THE
RESPONSIBILITIES OF THE AGENCY UNDER THIS ARTICLE.
(C) THE CHIEF INFORMATION OFFICER DESIGNATED UNDER PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE RESPONSIBLE FOR ENSURING AGENCY COMPLIANCE
WITH AND PROMPT, EFFICIENT, AND EFFECTIVE IMPLEMENTATION OF THE INFORMA-
TION POLICIES AND INFORMATION RESOURCES MANAGEMENT RESPONSIBILITIES
ESTABLISHED UNDER THIS ARTICLE, INCLUDING THE REDUCTION OF INFORMATION
COLLECTION BURDENS ON THE PUBLIC. THE CHIEF INFORMATION OFFICER SHALL BE
SELECTED WITH SPECIAL ATTENTION TO THE PROFESSIONAL QUALIFICATIONS
REQUIRED TO ADMINISTER THE FUNCTIONS DESCRIBED UNDER THIS ARTICLE.
(D) EACH AGENCY PROGRAM OFFICIAL SHALL BE RESPONSIBLE AND ACCOUNTABLE
FOR INFORMATION RESOURCES ASSIGNED TO AND SUPPORTING THE PROGRAMS UNDER
SUCH OFFICIAL. IN CONSULTATION WITH THE CHIEF INFORMATION OFFICER DESIG-
NATED UNDER PARAGRAPH (B) OF THIS SUBDIVISION AND THE AGENCY CHIEF
FINANCIAL OFFICER, OR COMPARABLE OFFICIAL, EACH AGENCY PROGRAM OFFICIAL
SHALL DEFINE PROGRAM INFORMATION NEEDS AND DEVELOP STRATEGIES, SYSTEMS,
AND CAPABILITIES TO MEET THOSE NEEDS.
2. WITH RESPECT TO GENERAL INFORMATION RESOURCES MANAGEMENT, EACH
AGENCY SHALL:
(A) MANAGE INFORMATION RESOURCES TO:
(I) REDUCE INFORMATION COLLECTION BURDENS ON THE PUBLIC;
(II) INCREASE PROGRAM EFFICIENCY AND EFFECTIVENESS; AND
(III) IMPROVE THE INTEGRITY, QUALITY, AND UTILITY OF INFORMATION TO
ALL USERS WITHIN AND OUTSIDE THE AGENCY, INCLUDING CAPABILITIES FOR
ENSURING DISSEMINATION OF PUBLIC INFORMATION, PUBLIC ACCESS TO GOVERN-
MENT INFORMATION, AND PROTECTIONS FOR PRIVACY AND SECURITY;
(B) IN ACCORDANCE WITH GUIDANCE BY THE GOVERNOR'S OFFICE OF REGULATORY
REFORM, DEVELOP AND MAINTAIN A STRATEGIC INFORMATION RESOURCES MANAGE-
MENT PLAN THAT SHALL DESCRIBE HOW INFORMATION RESOURCES MANAGEMENT
ACTIVITIES HELP ACCOMPLISH AGENCY MISSIONS;
(C) DEVELOP AND MAINTAIN AN ONGOING PROCESS TO:
(I) ENSURE THAT INFORMATION RESOURCES MANAGEMENT OPERATIONS AND DECI-
SIONS ARE INTEGRATED WITH ORGANIZATIONAL PLANNING, BUDGET, FINANCIAL
MANAGEMENT, HUMAN RESOURCES MANAGEMENT, AND PROGRAM DECISIONS;
(II) IN COOPERATION WITH THE AGENCY CHIEF FINANCIAL OFFICER, OR COMPA-
RABLE OFFICIAL, DEVELOP A FULL AND ACCURATE ACCOUNTING OF INFORMATION
TECHNOLOGY EXPENDITURES, RELATED EXPENSES, AND RESULTS; AND
(III) ESTABLISH GOALS FOR IMPROVING INFORMATION RESOURCES MANAGEMENT'S
CONTRIBUTION TO PROGRAM PRODUCTIVITY, EFFICIENCY, AND EFFECTIVENESS,
METHODS FOR MEASURING PROGRESS TOWARDS THOSE GOALS, AND CLEAR ROLES AND
RESPONSIBILITIES FOR ACHIEVING THOSE GOALS;
A. 9502 7
(D) IN CONSULTATION WITH THE GOVERNOR'S OFFICE OF REGULATORY REFORM,
MAINTAIN A CURRENT AND COMPLETE INVENTORY OF THE AGENCY'S INFORMATION
RESOURCES; AND
(E) IN CONSULTATION WITH THE GOVERNOR'S OFFICE OF REGULATORY REFORM,
CONDUCT FORMAL TRAINING PROGRAMS TO EDUCATE AGENCY PROGRAM AND MANAGE-
MENT OFFICIALS ABOUT INFORMATION RESOURCES MANAGEMENT.
3. WITH RESPECT TO THE COLLECTION OF INFORMATION AND THE CONTROL OF
PAPERWORK, EACH AGENCY SHALL:
(A) ESTABLISH A PROCESS WITHIN THE OFFICE HEADED BY THE CHIEF INFORMA-
TION OFFICER DESIGNATED UNDER SUBDIVISION ONE OF THIS SECTION, THAT IS
SUFFICIENTLY INDEPENDENT OF PROGRAM RESPONSIBILITY TO EVALUATE FAIRLY
WHETHER PROPOSED COLLECTIONS OF INFORMATION SHOULD BE APPROVED UNDER
THIS ARTICLE, TO:
(I) REVIEW EACH COLLECTION OF INFORMATION BEFORE SUBMISSION TO THE
GOVERNOR'S OFFICE OF REGULATORY REFORM FOR REVIEW UNDER THIS ARTICLE,
INCLUDING:
(A) AN EVALUATION OF THE NEED FOR THE COLLECTION OF INFORMATION;
(B) A FUNCTIONAL DESCRIPTION OF THE INFORMATION TO BE COLLECTED;
(C) A PLAN FOR THE COLLECTION OF THE INFORMATION;
(D) A SPECIFIC, OBJECTIVELY SUPPORTED ESTIMATE OF BURDEN;
(E) A TEST OF THE COLLECTION OF INFORMATION THROUGH A PILOT PROGRAM,
IF APPROPRIATE; AND
(F) A PLAN FOR THE EFFICIENT AND EFFECTIVE MANAGEMENT AND USE OF THE
INFORMATION TO BE COLLECTED, INCLUDING NECESSARY RESOURCES;
(II) ENSURE THAT EACH INFORMATION COLLECTION:
(A) IS INVENTORIED, DISPLAYS A CONTROL NUMBER AND, IF APPROPRIATE, AN
EXPIRATION DATE;
(B) INDICATES THE COLLECTION IS IN ACCORDANCE WITH THE CLEARANCE
REQUIREMENTS OF SECTION NINE HUNDRED TWENTY-NINE OF THIS ARTICLE; AND
(C) INFORMS THE PERSON RECEIVING THE COLLECTION OF INFORMATION OF:
(I) THE REASONS THE INFORMATION IS BEING COLLECTED;
(II) THE WAY SUCH INFORMATION IS TO BE USED;
(III) AN ESTIMATE, TO THE EXTENT PRACTICABLE, OF THE BURDEN OF THE
COLLECTION;
(IV) WHETHER RESPONSES TO THE COLLECTION OF INFORMATION ARE VOLUNTARY,
REQUIRED TO OBTAIN A BENEFIT, OR MANDATORY; AND
(V) THE FACT THAT AN AGENCY MAY NOT CONDUCT OR SPONSOR, AND A PERSON
IS NOT REQUIRED TO RESPOND TO, A COLLECTION OF INFORMATION UNLESS IT
DISPLAYS A VALID CONTROL NUMBER; AND
(III) ASSESS THE INFORMATION COLLECTION BURDEN OF PROPOSED LEGISLATION
AFFECTING THE AGENCY;
(B)(I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH OR
SUBDIVISION TEN OF SECTION NINE HUNDRED TWENTY-NINE OF THIS ARTICLE,
PROVIDE SIXTY-DAY NOTICE IN THE STATE REGISTER, AND OTHERWISE CONSULT
WITH MEMBERS OF THE PUBLIC AND AFFECTED AGENCIES CONCERNING EACH
PROPOSED COLLECTION OF INFORMATION, TO SOLICIT COMMENT TO:
(A) EVALUATE WHETHER THE PROPOSED COLLECTION OF INFORMATION IS NECES-
SARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS OF THE AGENCY, INCLUD-
ING WHETHER THE INFORMATION SHALL HAVE PRACTICAL UTILITY;
(B) EVALUATE THE ACCURACY OF THE AGENCY'S ESTIMATE OF THE BURDEN OF
THE PROPOSED COLLECTION OF INFORMATION;
(C) ENHANCE THE QUALITY, UTILITY, AND CLARITY OF THE INFORMATION TO BE
COLLECTED; AND
(D) MINIMIZE THE BURDEN OF THE COLLECTION OF INFORMATION ON THOSE WHO
ARE TO RESPOND, INCLUDING THROUGH THE USE OF AUTOMATED COLLECTION TECH-
NIQUES OR OTHER FORMS OF INFORMATION TECHNOLOGY; AND
A. 9502 8
(II) FOR ANY PROPOSED COLLECTION OF INFORMATION CONTAINED IN A
PROPOSED RULE, PROVIDE NOTICE AND COMMENT THROUGH THE NOTICE OF PROPOSED
RULEMAKING FOR THE PROPOSED RULE AND SUCH NOTICE SHALL HAVE THE SAME
PURPOSES SPECIFIED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH; AND
(C) CERTIFY, AND PROVIDE A RECORD SUPPORTING SUCH CERTIFICATION,
INCLUDING PUBLIC COMMENTS RECEIVED BY THE AGENCY, THAT EACH COLLECTION
OF INFORMATION SUBMITTED TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM
FOR REVIEW UNDER SECTION NINE HUNDRED TWENTY-NINE OF THIS ARTICLE:
(I) IS NECESSARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS OF THE
AGENCY, INCLUDING THAT THE INFORMATION HAS PRACTICAL UTILITY;
(II) IS NOT UNNECESSARILY DUPLICATIVE OF INFORMATION OTHERWISE REASON-
ABLY ACCESSIBLE TO THE AGENCY;
(III) REDUCES TO THE EXTENT PRACTICABLE AND APPROPRIATE THE BURDEN ON
PERSONS WHO SHALL PROVIDE INFORMATION TO OR FOR THE AGENCY, INCLUDING
WITH RESPECT TO SMALL ENTITIES, THE USE OF SUCH TECHNIQUES AS:
(A) ESTABLISHING DIFFERING COMPLIANCE OR REPORTING REQUIREMENTS OR
TIMETABLES THAT TAKE INTO ACCOUNT THE RESOURCES AVAILABLE TO THOSE WHO
ARE TO RESPOND;
(B) THE CLARIFICATION, CONSOLIDATION, OR SIMPLIFICATION OF COMPLIANCE
AND REPORTING REQUIREMENTS; OR
(C) AN EXEMPTION FROM COVERAGE OF THE COLLECTION OF INFORMATION, OR
ANY PART THEREOF;
(IV) IS WRITTEN USING PLAIN, COHERENT, AND UNAMBIGUOUS TERMINOLOGY AND
IS UNDERSTANDABLE TO THOSE WHO ARE TO RESPOND;
(V) IS TO BE IMPLEMENTED IN WAYS CONSISTENT AND COMPATIBLE, TO THE
MAXIMUM EXTENT PRACTICABLE, WITH THE EXISTING REPORTING AND RECORDKEEP-
ING PRACTICES OF THOSE WHO ARE TO RESPOND;
(VI) INDICATES FOR EACH RECORDKEEPING REQUIREMENT THE LENGTH OF TIME
PERSONS ARE REQUIRED TO MAINTAIN THE RECORDS SPECIFIED;
(VII) CONTAINS THE STATEMENT REQUIRED UNDER CLAUSE (C) OF SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF THIS SUBDIVISION;
(VIII) HAS BEEN DEVELOPED BY AN OFFICE THAT HAS PLANNED AND ALLOCATED
RESOURCES FOR THE EFFICIENT AND EFFECTIVE MANAGEMENT AND USE OF THE
INFORMATION TO BE COLLECTED, INCLUDING THE PROCESSING OF THE INFORMATION
IN A MANNER WHICH SHALL ENHANCE, WHERE APPROPRIATE, THE UTILITY OF THE
INFORMATION TO AGENCIES AND THE PUBLIC;
(IX) USES EFFECTIVE AND EFFICIENT STATISTICAL SURVEY METHODOLOGY
APPROPRIATE TO THE PURPOSE FOR WHICH THE INFORMATION IS TO BE COLLECTED;
AND
(X) TO THE MAXIMUM EXTENT PRACTICABLE, USES INFORMATION TECHNOLOGY TO
REDUCE BURDEN AND IMPROVE DATA QUALITY, AGENCY EFFICIENCY AND RESPON-
SIVENESS TO THE PUBLIC.
4. WITH RESPECT TO INFORMATION DISSEMINATION, EACH AGENCY SHALL:
(A) ENSURE THAT THE PUBLIC HAS TIMELY AND EQUITABLE ACCESS TO THE
AGENCY'S PUBLIC INFORMATION, INCLUDING ENSURING SUCH ACCESS THROUGH:
(I) ENCOURAGING A DIVERSITY OF PUBLIC AND PRIVATE SOURCES FOR INFORMA-
TION BASED ON GOVERNMENT PUBLIC INFORMATION;
(II) IN CASES IN WHICH THE AGENCY PROVIDES PUBLIC INFORMATION MAIN-
TAINED IN ELECTRONIC FORMAT, PROVIDING TIMELY AND EQUITABLE ACCESS TO
THE UNDERLYING DATA (IN WHOLE OR IN PART); AND
(III) AGENCY DISSEMINATION OF PUBLIC INFORMATION IN AN EFFICIENT,
EFFECTIVE, AND ECONOMICAL MANNER;
(B) REGULARLY SOLICIT AND CONSIDER PUBLIC INPUT ON THE AGENCY'S INFOR-
MATION DISSEMINATION ACTIVITIES;
(C) PROVIDE ADEQUATE NOTICE WHEN INITIATING, SUBSTANTIALLY MODIFYING,
OR TERMINATING SIGNIFICANT INFORMATION DISSEMINATION PRODUCTS; AND
A. 9502 9
(D) NOT, EXCEPT WHERE SPECIFICALLY AUTHORIZED BY STATUTE:
(I) ESTABLISH AN EXCLUSIVE, RESTRICTED, OR OTHER DISTRIBUTION ARRANGE-
MENT THAT INTERFERES WITH TIMELY AND EQUITABLE AVAILABILITY OF PUBLIC
INFORMATION TO THE PUBLIC;
(II) RESTRICT OR REGULATE THE USE, RESALE, OR REDISSEMINATION OF
PUBLIC INFORMATION BY THE PUBLIC;
(III) CHARGE FEES OR ROYALTIES FOR RESALE OR REDISSEMINATION OF PUBLIC
INFORMATION; OR
(IV) ESTABLISH USER FEES FOR PUBLIC INFORMATION THAT EXCEED THE COST
OF DISSEMINATION.
5. WITH RESPECT TO STATISTICAL POLICY AND COORDINATION, EACH AGENCY
SHALL:
(A) ENSURE THE RELEVANCE, ACCURACY, TIMELINESS, INTEGRITY, AND OBJEC-
TIVITY OF INFORMATION COLLECTED OR CREATED FOR STATISTICAL PURPOSES;
(B) INFORM RESPONDENTS FULLY AND ACCURATELY ABOUT THE SPONSORS,
PURPOSES, AND USES OF STATISTICAL SURVEYS AND STUDIES;
(C) PROTECT RESPONDENTS' PRIVACY AND ENSURE THAT DISCLOSURE POLICIES
FULLY HONOR PLEDGES OF CONFIDENTIALITY;
(D) OBSERVE STATE STANDARDS AND PRACTICES FOR DATA COLLECTION, ANALY-
SIS, DOCUMENTATION, SHARING, AND DISSEMINATION OF INFORMATION;
(E) ENSURE THE TIMELY PUBLICATION OF THE RESULTS OF STATISTICAL
SURVEYS AND STUDIES, INCLUDING INFORMATION ABOUT THE QUALITY AND LIMITA-
TIONS OF THE SURVEYS AND STUDIES; AND
(F) MAKE DATA AVAILABLE TO STATISTICAL AGENCIES AND READILY ACCESSIBLE
TO THE PUBLIC.
6. WITH RESPECT TO RECORDS MANAGEMENT, EACH AGENCY SHALL IMPLEMENT AND
ENFORCE APPLICABLE POLICIES AND PROCEDURES, INCLUDING REQUIREMENTS FOR
ARCHIVING INFORMATION MAINTAINED IN ELECTRONIC FORMAT, PARTICULARLY IN
THE PLANNING, DESIGN AND OPERATION OF INFORMATION SYSTEMS.
7. WITH RESPECT TO PRIVACY AND SECURITY, EACH AGENCY SHALL:
(A) IMPLEMENT AND ENFORCE APPLICABLE POLICIES, PROCEDURES, STANDARDS,
AND GUIDELINES ON PRIVACY, CONFIDENTIALITY, SECURITY, DISCLOSURE AND
SHARING OF INFORMATION COLLECTED OR MAINTAINED BY OR FOR THE AGENCY; AND
(B) IDENTIFY AND AFFORD SECURITY PROTECTIONS COMMENSURATE WITH THE
RISK AND MAGNITUDE OF THE HARM RESULTING FROM THE LOSS, MISUSE, OR UNAU-
THORIZED ACCESS TO OR MODIFICATION OF INFORMATION COLLECTED OR MAIN-
TAINED BY OR ON BEHALF OF AN AGENCY.
8. WITH RESPECT TO STATE INFORMATION TECHNOLOGY, EACH AGENCY SHALL:
(A) IMPLEMENT AND ENFORCE APPLICABLE GOVERNMENT AND AGENCY INFORMATION
TECHNOLOGY MANAGEMENT POLICIES, PRINCIPLES, STANDARDS, AND GUIDELINES;
(B) ASSUME RESPONSIBILITY AND ACCOUNTABILITY FOR INFORMATION TECHNOLO-
GY INVESTMENTS;
(C) PROMOTE THE USE OF INFORMATION TECHNOLOGY BY THE AGENCY TO IMPROVE
THE PRODUCTIVITY, EFFICIENCY, AND EFFECTIVENESS OF AGENCY PROGRAMS,
INCLUDING THE REDUCTION OF INFORMATION COLLECTION BURDENS ON THE PUBLIC
AND IMPROVED DISSEMINATION OF PUBLIC INFORMATION;
(D) PROPOSE CHANGES IN LEGISLATION, REGULATIONS, AND AGENCY PROCEDURES
TO IMPROVE INFORMATION TECHNOLOGY PRACTICES, INCLUDING CHANGES THAT
IMPROVE THE ABILITY OF THE AGENCY TO USE TECHNOLOGY TO REDUCE BURDEN;
AND
(E) ASSUME RESPONSIBILITY FOR MAXIMIZING THE VALUE AND ASSESSING AND
MANAGING THE RISKS OF MAJOR INFORMATION SYSTEMS INITIATIVES THROUGH A
PROCESS THAT IS:
(I) INTEGRATED WITH BUDGET, FINANCIAL, AND PROGRAM MANAGEMENT DECI-
SIONS; AND
A. 9502 10
(II) USED TO SELECT, CONTROL, AND EVALUATE THE RESULTS OF MAJOR INFOR-
MATION SYSTEMS INITIATIVES.
S 929. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION TO THE
GOVERNOR'S OFFICE OF REGULATORY REFORM; APPROVAL AND DELEGATION. 1. AN
AGENCY SHALL NOT CONDUCT OR SPONSOR THE COLLECTION OF INFORMATION UNLESS
IN ADVANCE OF THE ADOPTION OR REVISION OF THE COLLECTION OF INFORMATION:
(A) THE AGENCY HAS:
(I) CONDUCTED THE REVIEW ESTABLISHED UNDER PARAGRAPH (A) OF SUBDIVI-
SION THREE OF SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE;
(II) EVALUATED THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (B) OF
SUBDIVISION THREE OF SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE;
(III) SUBMITTED TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM THE
CERTIFICATION REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION THREE OF
SECTION NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE, THE PROPOSED
COLLECTION OF INFORMATION, COPIES OF PERTINENT STATUTORY AUTHORITY,
REGULATIONS, AND OTHER RELATED MATERIALS AS THE GOVERNOR'S OFFICE OF
REGULATORY REFORM MAY SPECIFY; AND
(IV) PUBLISHED A NOTICE IN THE STATE REGISTER;
(A) STATING THAT THE AGENCY HAS MADE SUCH SUBMISSION; AND
(B) SETTING FORTH:
(I) A TITLE FOR THE COLLECTION OF INFORMATION;
(II) A SUMMARY OF THE COLLECTION OF INFORMATION;
(III) A BRIEF DESCRIPTION OF THE NEED FOR THE INFORMATION AND THE
PROPOSED USE OF THE INFORMATION;
(IV) A DESCRIPTION OF THE LIKELY RESPONDENTS AND PROPOSED FREQUENCY OF
RESPONSE TO THE COLLECTION OF INFORMATION;
(V) AN ESTIMATE OF THE BURDEN THAT SHALL RESULT FROM THE COLLECTION OF
INFORMATION; AND
(VI) NOTICE THAT COMMENTS MAY BE SUBMITTED TO THE AGENCY AND GOVER-
NOR'S OFFICE OF REGULATORY REFORM;
(B) THE GOVERNOR'S OFFICE OF REGULATORY REFORM HAS APPROVED THE
PROPOSED COLLECTION OF INFORMATION OR APPROVAL HAS BEEN INFERRED, UNDER
THE PROVISIONS OF THIS SECTION; AND
(C) THE AGENCY HAS OBTAINED FROM THE GOVERNOR'S OFFICE OF REGULATORY
REFORM A CONTROL NUMBER TO BE DISPLAYED UPON THE COLLECTION OF INFORMA-
TION.
2. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL PROVIDE AT LEAST
THIRTY DAYS FOR PUBLIC COMMENT PRIOR TO MAKING A DECISION UNDER SUBDIVI-
SION THREE, FOUR OR EIGHT OF THIS SECTION, EXCEPT AS PROVIDED UNDER
SUBDIVISION TEN OF THIS SECTION.
3. (A) FOR ANY PROPOSED COLLECTION OF INFORMATION NOT CONTAINED IN A
PROPOSED RULE, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL NOTIFY
THE AGENCY INVOLVED OF THE DECISION TO APPROVE OR DISAPPROVE THE
PROPOSED COLLECTION OF INFORMATION.
(B) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL PROVIDE THE
NOTIFICATION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, WITHIN SIXTY DAYS
AFTER RECEIPT OR PUBLICATION OF THE NOTICE UNDER SUBPARAGRAPH (IV) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, WHICHEVER IS LATER.
(C) IF THE GOVERNOR'S OFFICE OF REGULATORY REFORM DOES NOT NOTIFY THE
AGENCY OF A DENIAL OR APPROVAL WITHIN THE SIXTY-DAY PERIOD DESCRIBED
UNDER PARAGRAPH (B) OF THIS SUBDIVISION:
(I) THE APPROVAL MAY BE INFERRED;
(II) A CONTROL NUMBER SHALL BE ASSIGNED WITHOUT FURTHER DELAY; AND
(III) THE AGENCY MAY COLLECT THE INFORMATION FOR NOT MORE THAN ONE
YEAR.
A. 9502 11
4. (A) FOR ANY PROPOSED COLLECTION OF INFORMATION CONTAINED IN A
PROPOSED RULE:
(I) AS SOON AS PRACTICABLE, BUT NO LATER THAN THE DATE OF PUBLICATION
OF A NOTICE OF PROPOSED RULEMAKING IN THE STATE REGISTER, EACH AGENCY
SHALL FORWARD TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM A COPY OF
ANY PROPOSED RULE WHICH CONTAINS A COLLECTION OF INFORMATION AND ANY
INFORMATION REQUESTED BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM
NECESSARY TO MAKE THE DETERMINATION REQUIRED UNDER THIS SUBSECTION; AND
(II) WITHIN SIXTY DAYS AFTER THE NOTICE OF PROPOSED RULEMAKING IS
PUBLISHED IN THE STATE REGISTER, THE GOVERNOR'S OFFICE OF REGULATORY
REFORM MAY FILE PUBLIC COMMENTS PURSUANT TO THE STANDARDS SET FORTH IN
SECTION NINE HUNDRED THIRTY OF THIS ARTICLE ON THE COLLECTION OF INFOR-
MATION CONTAINED IN THE PROPOSED RULE;
(B) WHEN A FINAL RULE IS PUBLISHED IN THE STATE REGISTER, THE AGENCY
SHALL EXPLAIN:
(I) HOW ANY COLLECTION OF INFORMATION CONTAINED IN THE FINAL RULE
RESPONDS TO THE COMMENTS, IF ANY, FILED BY THE GOVERNOR'S OFFICE OF
REGULATORY REFORM OR THE PUBLIC; OR
(II) THE REASONS SUCH COMMENTS WERE REJECTED.
(C) IF THE GOVERNOR'S OFFICE OF REGULATORY REFORM HAS RECEIVED NOTICE
AND FAILED TO COMMENT ON AN AGENCY RULE WITHIN SIXTY DAYS AFTER THE
NOTICE OF PROPOSED RULEMAKING, THE GOVERNOR'S OFFICE OF REGULATORY
REFORM MAY NOT DISAPPROVE ANY COLLECTION OF INFORMATION SPECIFICALLY
CONTAINED IN AN AGENCY RULE.
(D) NO PROVISION IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
GOVERNOR'S OFFICE OF REGULATORY REFORM:
(I) FROM DISAPPROVING ANY COLLECTION OF INFORMATION WHICH WAS NOT
SPECIFICALLY REQUIRED BY AN AGENCY RULE;
(II) FROM DISAPPROVING ANY COLLECTION OF INFORMATION CONTAINED IN AN
AGENCY RULE, IF THE AGENCY FAILED TO COMPLY WITH THE REQUIREMENTS OF
PARAGRAPH (A) OF THIS SUBDIVISION;
(III) FROM DISAPPROVING ANY COLLECTION OF INFORMATION CONTAINED IN A
FINAL AGENCY RULE, IF THE GOVERNOR'S OFFICE OF REGULATORY REFORM FINDS
WITHIN SIXTY DAYS AFTER THE PUBLICATION OF THE FINAL RULE THAT THE AGEN-
CY'S RESPONSE TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM'S COMMENTS
FILED UNDER PARAGRAPH (B) OF THIS SUBDIVISION WAS UNREASONABLE; OR
(IV) FROM DISAPPROVING ANY COLLECTION OF INFORMATION CONTAINED IN A
FINAL RULE, IF:
(A) THE GOVERNOR'S OFFICE OF REGULATORY REFORM DETERMINES THAT THE
AGENCY HAS SUBSTANTIALLY MODIFIED IN THE FINAL RULE THE COLLECTION OF
INFORMATION CONTAINED IN THE PROPOSED RULE; AND
(B) THE AGENCY HAS NOT GIVEN THE GOVERNOR'S OFFICE OF REGULATORY
REFORM THE INFORMATION REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION
WITH RESPECT TO THE MODIFIED COLLECTION OF INFORMATION, AT LEAST SIXTY
DAYS BEFORE THE ISSUANCE OF THE FINAL RULE.
(E) THIS SUBDIVISION SHALL APPLY ONLY WHEN AN AGENCY PUBLISHES A
NOTICE OF PROPOSED RULEMAKING AND REQUESTS PUBLIC COMMENTS.
(F) THE DECISION BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM TO
APPROVE OR NOT ACT UPON A COLLECTION OF INFORMATION CONTAINED IN AN
AGENCY RULE SHALL NOT BE SUBJECT TO JUDICIAL REVIEW.
5. (A) ANY DECISION BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM
UNDER SUBDIVISION THREE, FOUR, EIGHT OR TEN OF THIS SECTION TO DISAP-
PROVE A COLLECTION OF INFORMATION, OR TO INSTRUCT THE AGENCY TO MAKE
SUBSTANTIVE OR MATERIAL CHANGE TO A COLLECTION OF INFORMATION, SHALL BE
PUBLICLY AVAILABLE AND INCLUDE AN EXPLANATION OF THE REASONS FOR SUCH
DECISION.
A. 9502 12
(B) THIS SUBDIVISION SHALL NOT REQUIRE THE DISCLOSURE OF ANY COMMUNI-
CATION RELATING TO A COLLECTION OF INFORMATION WHICH IS NOT APPROVED
UNDER THIS ARTICLE, THE DISCLOSURE OF WHICH COULD LEAD TO RETALIATION OR
DISCRIMINATION AGAINST THE COMMUNICATOR.
6. (A) AN INDEPENDENT REGULATORY AGENCY WHICH IS ADMINISTERED BY TWO
OR MORE MEMBERS OF A COMMISSION, BOARD, OR SIMILAR BODY, MAY BY MAJORITY
VOTE VOID:
(I) ANY DISAPPROVAL BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM, IN
WHOLE OR IN PART, OF A PROPOSED COLLECTION OF INFORMATION OF THAT AGEN-
CY; OR
(II) AN EXERCISE OF AUTHORITY UNDER SUBDIVISION FIVE OF THIS SECTION
CONCERNING THAT AGENCY.
(B) THE AGENCY SHALL CERTIFY EACH VOTE TO VOID SUCH DISAPPROVAL OR
EXERCISE TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM, AND EXPLAIN THE
REASONS FOR SUCH VOTE. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL
WITHOUT FURTHER DELAY ASSIGN A CONTROL NUMBER TO SUCH COLLECTION OF
INFORMATION, AND SUCH VOTE TO VOID THE DISAPPROVAL OR EXERCISE SHALL BE
VALID FOR A PERIOD OF THREE YEARS.
7. THE GOVERNOR'S OFFICE OF REGULATORY REFORM MAY NOT APPROVE A
COLLECTION OF INFORMATION FOR A PERIOD IN EXCESS OF THREE YEARS.
8. (A) IF AN AGENCY DECIDES TO SEEK EXTENSION OF THE GOVERNOR'S OFFICE
OF REGULATORY REFORM'S APPROVAL GRANTED FOR A CURRENTLY APPROVED
COLLECTION OF INFORMATION, THE AGENCY SHALL:
(I) CONDUCT THE REVIEW ESTABLISHED UNDER SUBDIVISION THREE OF SECTION
NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE, INCLUDING THE SEEKING OF
COMMENT FROM THE PUBLIC ON THE CONTINUED NEED FOR, AND BURDEN IMPOSED BY
THE COLLECTION OF INFORMATION; AND
(II) AFTER HAVING MADE A REASONABLE EFFORT TO SEEK PUBLIC COMMENT, BUT
NO LATER THAN SIXTY DAYS BEFORE THE EXPIRATION DATE OF THE CONTROL
NUMBER ASSIGNED BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM FOR THE
CURRENTLY APPROVED COLLECTION OF INFORMATION, SUBMIT THE COLLECTION OF
INFORMATION FOR REVIEW AND APPROVAL UNDER THIS SECTION, WHICH SHALL
INCLUDE AN EXPLANATION OF HOW THE AGENCY HAS USED THE INFORMATION THAT
IT HAS COLLECTED.
(B) IF UNDER THE PROVISIONS OF THIS SECTION, THE GOVERNOR'S OFFICE OF
REGULATORY REFORM DISAPPROVES A COLLECTION OF INFORMATION CONTAINED IN
AN EXISTING RULE, OR RECOMMENDS OR INSTRUCTS THE AGENCY TO MAKE A
SUBSTANTIVE OR MATERIAL CHANGE TO A COLLECTION OF INFORMATION CONTAINED
IN AN EXISTING RULE, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL:
(I) PUBLISH AN EXPLANATION THEREOF IN THE STATE REGISTER; AND
(II) INSTRUCT THE AGENCY TO UNDERTAKE A RULEMAKING WITHIN A REASONABLE
TIME LIMITED TO CONSIDERATION OF CHANGES TO THE COLLECTION OF INFORMA-
TION CONTAINED IN THE RULE AND THEREAFTER TO SUBMIT THE COLLECTION OF
INFORMATION FOR APPROVAL OR DISAPPROVAL UNDER THIS ARTICLE.
(C) AN AGENCY MAY NOT MAKE A SUBSTANTIVE OR MATERIAL MODIFICATION TO A
COLLECTION OF INFORMATION AFTER SUCH COLLECTION HAS BEEN APPROVED BY THE
GOVERNOR'S OFFICE OF REGULATORY REFORM, UNLESS THE MODIFICATION HAS BEEN
SUBMITTED TO THE GOVERNOR'S OFFICE OF REGULATORY REFORM FOR REVIEW AND
APPROVAL UNDER THIS ARTICLE.
9. (A) IF THE GOVERNOR'S OFFICE OF REGULATORY REFORM FINDS THAT A
SENIOR OFFICIAL OF AN AGENCY DESIGNATED UNDER SUBDIVISION ONE OF SECTION
NINE HUNDRED TWENTY-EIGHT OF THIS ARTICLE IS SUFFICIENTLY INDEPENDENT OF
PROGRAM RESPONSIBILITY TO EVALUATE FAIRLY WHETHER PROPOSED COLLECTIONS
OF INFORMATION SHOULD BE APPROVED AND HAS SUFFICIENT RESOURCES TO CARRY
OUT THIS RESPONSIBILITY EFFECTIVELY, THE GOVERNOR'S OFFICE OF REGULATORY
REFORM MAY DELEGATE TO SUCH OFFICIAL THE AUTHORITY TO APPROVE PROPOSED
A. 9502 13
COLLECTIONS OF INFORMATION IN SPECIFIC PROGRAM AREAS, FOR SPECIFIC
PURPOSES, OR FOR ALL AGENCY PURPOSES.
(B) A DELEGATION BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM UNDER
THIS SECTION SHALL NOT PRECLUDE THE GOVERNOR'S OFFICE OF REGULATORY
REFORM FROM REVIEWING INDIVIDUAL COLLECTIONS OF INFORMATION IF THE
GOVERNOR'S OFFICE OF REGULATORY REFORM DETERMINES THAT CIRCUMSTANCES
WARRANT SUCH A REVIEW. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL
RETAIN AUTHORITY TO REVOKE SUCH DELEGATIONS, BOTH IN GENERAL AND WITH
REGARD TO ANY SPECIFIC MATTER. IN ACTING FOR THE GOVERNOR'S OFFICE OF
REGULATORY REFORM, ANY OFFICIAL TO WHOM APPROVAL AUTHORITY HAS BEEN
DELEGATED UNDER THIS SECTION SHALL COMPLY FULLY WITH THE RULES AND REGU-
LATIONS PROMULGATED BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM.
10. (A) THE AGENCY HEAD MAY REQUEST THE GOVERNOR'S OFFICE OF REGULATO-
RY REFORM TO AUTHORIZE A COLLECTION OF INFORMATION, IF AN AGENCY HEAD
DETERMINES THAT:
(I) A COLLECTION OF INFORMATION:
(A) IS NEEDED PRIOR TO THE EXPIRATION OF TIME PERIODS ESTABLISHED
UNDER THIS ARTICLE; AND
(B) IS ESSENTIAL TO THE MISSION OF THE AGENCY; AND
(II) THE AGENCY CANNOT REASONABLY COMPLY WITH THE PROVISIONS OF THIS
ARTICLE BECAUSE:
(A) PUBLIC HARM IS REASONABLY LIKELY TO RESULT IF NORMAL CLEARANCE
PROCEDURES ARE FOLLOWED;
(B) AN UNANTICIPATED EVENT HAS OCCURRED; OR
(C) THE USE OF NORMAL CLEARANCE PROCEDURES IS REASONABLY LIKELY TO
PREVENT OR DISRUPT THE COLLECTION OF INFORMATION OR IS REASONABLY LIKELY
TO CAUSE A STATUTORY OR COURT ORDERED DEADLINE TO BE MISSED.
(B) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL APPROVE OR DISAP-
PROVE ANY SUCH AUTHORIZATION REQUEST WITHIN THE TIME REQUESTED BY THE
AGENCY HEAD AND, IF APPROVED, SHALL ASSIGN THE COLLECTION OF INFORMATION
A CONTROL NUMBER. ANY COLLECTION OF INFORMATION CONDUCTED UNDER THIS
SUBDIVISION MAY BE CONDUCTED WITHOUT COMPLIANCE WITH THE PROVISIONS OF
THIS ARTICLE FOR A MAXIMUM OF ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON
WHICH THE GOVERNOR'S OFFICE OF REGULATORY REFORM RECEIVED THE REQUEST TO
AUTHORIZE SUCH COLLECTION.
S 930. DETERMINATION OF NECESSITY FOR INFORMATION; HEARING. BEFORE
APPROVING A PROPOSED COLLECTION OF INFORMATION, THE GOVERNOR'S OFFICE OF
REGULATORY REFORM SHALL DETERMINE WHETHER THE COLLECTION OF INFORMATION
BY THE AGENCY IS NECESSARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS
OF THE AGENCY, INCLUDING WHETHER THE INFORMATION SHALL HAVE PRACTICAL
UTILITY. BEFORE MAKING A DETERMINATION THE GOVERNOR'S OFFICE OF REGULA-
TORY REFORM MAY GIVE THE AGENCY AND OTHER INTERESTED PERSONS AN OPPORTU-
NITY TO BE HEARD OR TO SUBMIT STATEMENTS IN WRITING. TO THE EXTENT, IF
ANY, THAT THE GOVERNOR'S OFFICE OF REGULATORY REFORM DETERMINES THAT THE
COLLECTION OF INFORMATION BY AN AGENCY IS UNNECESSARY FOR ANY REASON,
THE AGENCY MAY NOT ENGAGE IN THE COLLECTION OF INFORMATION.
S 931. DESIGNATION OF CENTRAL COLLECTION AGENCY. THE GOVERNOR'S OFFICE
OF REGULATORY REFORM MAY DESIGNATE A CENTRAL COLLECTION AGENCY TO OBTAIN
INFORMATION FOR TWO OR MORE AGENCIES IF THE GOVERNOR'S OFFICE OF REGULA-
TORY REFORM DETERMINES THAT THE NEEDS OF SUCH AGENCIES FOR INFORMATION
WILL BE ADEQUATELY SERVED BY A SINGLE COLLECTION AGENCY, AND SUCH SHAR-
ING OF DATA IS NOT INCONSISTENT WITH APPLICABLE LAW. IN SUCH CASES THE
GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL PRESCRIBE (WITH REFERENCE
TO THE COLLECTION OF INFORMATION) THE DUTIES AND FUNCTIONS OF THE
COLLECTION AGENCY SO DESIGNATED AND OF THE AGENCIES FOR WHICH IT IS TO
ACT AS AGENT (INCLUDING REIMBURSEMENT FOR COSTS).
A. 9502 14
S 932. COOPERATION OF AGENCIES IN MAKING INFORMATION AVAILABLE. 1. THE
GOVERNOR'S OFFICE OF REGULATORY REFORM MAY DIRECT AN AGENCY TO MAKE
AVAILABLE TO ANOTHER AGENCY, OR AN AGENCY MAY MAKE AVAILABLE TO ANOTHER
AGENCY, INFORMATION OBTAINED BY A COLLECTION OF INFORMATION IF THE
DISCLOSURE IS NOT INCONSISTENT WITH APPLICABLE LAW.
2. (A) IF INFORMATION OBTAINED BY AN AGENCY IS RELEASED BY THAT AGENCY
TO ANOTHER AGENCY, ALL THE PROVISIONS OF LAW, INCLUDING PENALTIES, THAT
RELATE TO THE UNLAWFUL DISCLOSURE OF INFORMATION APPLY TO THE OFFICERS
AND EMPLOYEES OF THE AGENCY TO WHICH INFORMATION IS RELEASED TO THE SAME
EXTENT AND IN THE SAME MANNER AS THE PROVISIONS APPLY TO THE OFFICERS
AND EMPLOYEES OF THE AGENCY WHICH ORIGINALLY OBTAINED THE INFORMATION.
(B) THE OFFICERS AND EMPLOYEES OF THE AGENCY TO WHICH THE INFORMATION
IS RELEASED, IN ADDITION, SHALL BE SUBJECT TO THE SAME PROVISIONS OF
LAW, INCLUDING PENALTIES, RELATING TO THE UNLAWFUL DISCLOSURE OF INFOR-
MATION AS IF THE INFORMATION HAD BEEN COLLECTED DIRECTLY BY THAT AGENCY.
S 933. PUBLIC PROTECTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, NO PERSON SHALL BE SUBJECT TO ANY PENALTY FOR FAILING TO COMPLY
WITH A COLLECTION OF INFORMATION THAT IS SUBJECT TO THIS ARTICLE IF:
(A) THE COLLECTION OF INFORMATION DOES NOT DISPLAY A VALID CONTROL
NUMBER ASSIGNED BY THE GOVERNOR'S OFFICE OF REGULATORY REFORM IN ACCORD-
ANCE WITH THIS ARTICLE; OR
(B) THE AGENCY FAILS TO INFORM THE PERSON WHO IS TO RESPOND TO THE
COLLECTION OF INFORMATION THAT SUCH PERSON IS NOT REQUIRED TO RESPOND TO
THE COLLECTION OF INFORMATION UNLESS IT DISPLAYS A VALID CONTROL NUMBER.
2. THE PROTECTION PROVIDED BY THIS SECTION MAY BE RAISED IN THE FORM
OF A COMPLETE DEFENSE, BAR, OR OTHERWISE AT ANY TIME DURING THE AGENCY
ADMINISTRATIVE PROCESS OR JUDICIAL ACTION APPLICABLE THERETO.
S 934. DIRECTOR REVIEW OF AGENCY ACTIVITIES; REPORTING; AGENCY
RESPONSE. 1. THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL PERIOD-
ICALLY REVIEW SELECTED AGENCY INFORMATION RESOURCES MANAGEMENT ACTIV-
ITIES TO ASCERTAIN THE EFFICIENCY AND EFFECTIVENESS OF SUCH ACTIVITIES
TO IMPROVE AGENCY PERFORMANCE AND THE ACCOMPLISHMENT OF AGENCY MISSIONS.
2. EACH AGENCY HAVING AN ACTIVITY REVIEWED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL, WITHIN SIXTY DAYS AFTER RECEIPT OF A REPORT ON THE
REVIEW, PROVIDE A WRITTEN PLAN TO THE GOVERNOR'S OFFICE OF REGULATORY
REFORM DESCRIBING STEPS, INCLUDING MILESTONES, TO:
(A) BE TAKEN TO ADDRESS INFORMATION RESOURCES MANAGEMENT PROBLEMS
IDENTIFIED IN THE REPORT; AND
(B) IMPROVE AGENCY PERFORMANCE AND THE ACCOMPLISHMENT OF AGENCY
MISSIONS.
S 935. RESPONSIVENESS TO THE LEGISLATURE. 1. (A) THE GOVERNOR'S OFFICE
OF REGULATORY REFORM SHALL:
(I) KEEP THE LEGISLATURE FULLY AND CURRENTLY INFORMED OF THE MAJOR
ACTIVITIES UNDER THIS ARTICLE; AND
(II) SUBMIT A REPORT ON SUCH ACTIVITIES TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ANNUALLY AND AT
SUCH OTHER TIMES AS THE GOVERNOR'S OFFICE OF REGULATORY REFORM DETER-
MINES NECESSARY.
(B) THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL INCLUDE IN ANY
SUCH REPORT A DESCRIPTION OF THE EXTENT TO WHICH AGENCIES HAVE:
(I) REDUCED INFORMATION COLLECTION BURDENS ON THE PUBLIC, INCLUDING:
(A) A SUMMARY OF ACCOMPLISHMENTS AND PLANNED INITIATIVES TO REDUCE
COLLECTION OF INFORMATION BURDENS;
(B) A LIST OF ALL VIOLATIONS OF THIS ARTICLE AND OF ANY RULES, GUIDE-
LINES, POLICIES, AND PROCEDURES ISSUED PURSUANT TO THIS ARTICLE;
A. 9502 15
(C) A LIST OF ANY INCREASE IN THE COLLECTION OF INFORMATION BURDEN,
INCLUDING THE AUTHORITY FOR EACH SUCH COLLECTION; AND
(D) A LIST OF AGENCIES THAT IN THE PRECEDING YEAR DID NOT REDUCE
INFORMATION COLLECTION BURDENS IN ACCORDANCE WITH PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION NINE HUNDRED TWENTY-SEVEN OF THIS ARTICLE, A
LIST OF THE PROGRAMS AND STATUTORY RESPONSIBILITIES OF THOSE AGENCIES
THAT PRECLUDED THAT REDUCTION, AND RECOMMENDATIONS TO ASSIST THOSE AGEN-
CIES TO REDUCE INFORMATION COLLECTION BURDENS IN ACCORDANCE WITH THAT
SECTION;
(II) IMPROVED THE QUALITY AND UTILITY OF STATISTICAL INFORMATION;
(III) IMPROVED PUBLIC ACCESS TO GOVERNMENT INFORMATION; AND
(IV) IMPROVED PROGRAM PERFORMANCE AND THE ACCOMPLISHMENT OF AGENCY
MISSIONS THROUGH INFORMATION RESOURCES MANAGEMENT.
2. THE PREPARATION OF ANY REPORT REQUIRED BY THIS SECTION SHALL BE
BASED ON PERFORMANCE RESULTS REPORTED BY THE AGENCIES AND SHALL NOT
INCREASE THE COLLECTION OF INFORMATION BURDEN ON PERSONS OUTSIDE THE
STATE GOVERNMENT.
S 936. ADMINISTRATIVE POWERS. UPON THE REQUEST OF THE GOVERNOR'S
OFFICE OF REGULATORY REFORM, EACH AGENCY (OTHER THAN AN INDEPENDENT
REGULATORY AGENCY) SHALL, TO THE EXTENT PRACTICABLE, MAKE ITS SERVICES,
PERSONNEL, AND FACILITIES AVAILABLE TO THE GOVERNOR'S OFFICE OF REGULA-
TORY REFORM FOR THE PERFORMANCE OF FUNCTIONS UNDER THIS ARTICLE.
S 937. RULES AND REGULATIONS. THE GOVERNOR'S OFFICE OF REGULATORY
REFORM SHALL PROMULGATE RULES, REGULATIONS, OR PROCEDURES NECESSARY TO
EXERCISE THE AUTHORITY PROVIDED BY THIS ARTICLE.
S 938. CONSULTATION WITH OTHER AGENCIES AND THE PUBLIC. 1. IN DEVELOP-
ING INFORMATION RESOURCES MANAGEMENT POLICIES, PLANS, RULES, REGU-
LATIONS, PROCEDURES, AND GUIDELINES AND IN REVIEWING COLLECTIONS OF
INFORMATION, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL PROVIDE
INTERESTED AGENCIES AND PERSONS EARLY AND MEANINGFUL OPPORTUNITY TO
COMMENT.
2. ANY PERSON MAY REQUEST THE GOVERNOR'S OFFICE OF REGULATORY REFORM
TO REVIEW ANY COLLECTION OF INFORMATION CONDUCTED BY OR FOR AN AGENCY TO
DETERMINE, IF, UNDER THIS ARTICLE, A PERSON SHALL MAINTAIN, PROVIDE, OR
DISCLOSE THE INFORMATION TO OR FOR THE AGENCY. UNLESS THE REQUEST IS
FRIVOLOUS, THE GOVERNOR'S OFFICE OF REGULATORY REFORM SHALL, IN COORDI-
NATION WITH THE AGENCY RESPONSIBLE FOR THE COLLECTION OF INFORMATION:
(A) RESPOND TO THE REQUEST WITHIN SIXTY DAYS AFTER RECEIVING THE
REQUEST, UNLESS SUCH PERIOD IS EXTENDED BY THE GOVERNOR'S OFFICE OF
REGULATORY REFORM TO A SPECIFIED DATE AND THE PERSON MAKING THE REQUEST
IS GIVEN NOTICE OF SUCH EXTENSION; AND
(B) TAKE APPROPRIATE REMEDIAL ACTION, IF NECESSARY.
S 2. This act shall take effect immediately.