S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7865

                            I N  S E N A T E

                              May 18, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to establishing  the  New
  York State Paperwork Reduction Act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new article 43  to
read as follows:
                                ARTICLE 43
                 NEW YORK STATE PAPERWORK REDUCTION ACT
SECTION 925. DEFINITIONS.
        926. AUTHORITY AND FUNCTIONS OF THE GOVERNOR'S OFFICE OF REGULA-
               TORY REFORM.
        927. ASSIGNMENT OF TASKS AND DEADLINES.
        928. STATE AGENCY RESPONSIBILITIES.
        929. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION TO THE
               GOVERNOR'S  OFFICE  OF  REGULATORY  REFORM;  APPROVAL AND
               DELEGATION.
        930. DETERMINATION OF NECESSITY FOR INFORMATION; HEARING.
        931. DESIGNATION OF CENTRAL COLLECTION AGENCY.
        932. COOPERATION OF AGENCIES IN MAKING INFORMATION AVAILABLE.
        933. PUBLIC PROTECTION.
        934. DIRECTOR REVIEW OF  AGENCY  ACTIVITIES;  REPORTING;  AGENCY
               RESPONSE.
        935. RESPONSIVENESS TO THE LEGISLATURE.
        936. ADMINISTRATIVE POWERS.
        937. RULES AND REGULATIONS.
        938. CONSULTATION WITH OTHER AGENCIES AND THE PUBLIC.
  S 925. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE  THE  MEANING  ASCRIBED  TO  THEM,  UNLESS  THE  CONTEXT  OTHERWISE
REQUIRES:
  1. THE TERMS "STATE AGENCY" OR "AGENCY" MEANS ANY DEPARTMENT,  BUREAU,
COMMISSION,  BOARD,  PUBLIC  AUTHORITY  OR  OTHER  AGENCY  OF THE STATE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15247-01-0
              

S. 7865                             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

S. 7865                             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.

S. 7865                             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.

S. 7865                             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.

S. 7865                             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;

S. 7865                             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

S. 7865                             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

S. 7865                             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

S. 7865                            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.

S. 7865                            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.

S. 7865                            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

S. 7865                            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).

S. 7865                            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;

S. 7865                            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.