HB381: requiring proposed bills and rules to include an analysis of their impact on personal privacy.

HB 381-FN - AS INTRODUCED

2003 SESSION

03-0239

10/09

HOUSE BILL 381-FN

AN ACT requiring proposed bills and rules to include an analysis of their impact on personal privacy.

SPONSORS: Rep. Kurk, Hills 48; Rep. M. Smith, Straf 72

COMMITTEE: Legislative Administration

ANALYSIS

This bill requires legislation proposed for introduction in the general court to have a personal privacy impact note prepared by the legislative budget assistant and requires rules proposed by agencies under RSA 541-A to have a personal privacy impact statement prepared by the legislative budget assistant.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0239

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT requiring proposed bills and rules to include an analysis of their impact on personal privacy.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Legislative Budget Assistant; Preparation of Personal Privacy Impact Notes and Personal Privacy Impact Statements Added. Amend RSA 14:31-b, I(b) and (c) to read as follows:

(b) Prepare fiscal notes, personal privacy impact notes, and amendments to fiscal notes and personal privacy impact notes as required by RSA [14:44-47] 14:44 through 47-a.

(c) Prepare fiscal impact statements as defined in RSA 591-A:1, VII, and personal privacy impact statements as defined in RSA 541-A:1, XIV-a.

2 New Subdivision; Personal Privacy Impact Notes. Amend RSA 14 by inserting after section 47 the following new subdivision:

Personal Privacy Impact Notes

14:47-a Personal Privacy Impact Notes.

I. Personal privacy impact notes, when determined to be necessary by the legislative budget assistant, shall be prepared by the legislative budget assistant with such assistance and data as may be required from any state agency, political subdivision, or any other source of data which he or she deems reliable, including but not limited to private individuals, corporations, and associations located within or without the state. The legislative budget assistant shall identify in the personal privacy impact note the source or sources of the data.

II. The personal privacy impact note required by this section shall contain a description and assessment of the extent to which the proposed legislation will impact the personal privacy interests of individuals, including the extent to which the proposed legislation:

(a) Provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed;

(b) Allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies;

(c) Prevents such information, which is collected for one purpose, from being used for another purpose; and

(d) Provides security for such information.

III. The personal privacy impact note for any bill shall be prepared and incorporated prior to the introduction of the bill or resolution.

IV. A personal privacy impact note may be requested after the introduction of a bill or resolution:

(a) If a majority of a committee to which is referred a bill or resolution not containing a personal privacy impact note votes to have one prepared by the legislative budget assistant upon the motion of a member of said committee.

(b) If by a majority vote of those members present, a bill or resolution being considered on the floor of the house or senate is referred to the legislative budget assistant for the purpose of preparing a personal privacy impact note. In such instances, the personal privacy impact note shall be printed and distributed as are amendments to bills.

V. The personal privacy impact note shall be amended as necessary to correct errors or to agree with substantive amendments to the bill and shall accompany the bill throughout its course of passage through the general court and to the governor for action.

3 New Paragraph; Administrative Procedure Act; Definition Added. Amend RSA 541-A:1 by inserting after paragraph XIV the following new paragraph:

XIV-a. "Personal privacy impact statement" means a statement prepared by the legislative budget assistant, using data supplied by the rulemaking agency, which includes the elements required by RSA 541-A:5-a.

4 Rulemaking; Petition for Adoption; Reference Added. Amend RSA 541-A:4, I to read as follows:

I. Any interested person may petition an agency to adopt, amend, or repeal a rule. Within 30 days of receiving the petition, the agency shall determine whether to grant or deny the petition and notify the petitioner. If the agency decides to deny the petition, the agency shall notify the petitioner of its decision in writing and shall state its reasons for denial. If the agency grants the petition, it shall notify the petitioner and commence the rulemaking proceeding by requesting a fiscal impact statement pursuant to RSA 541-A:5 and a personal privacy impact statement pursuant to RSA 541-A:5-a within 120 days of receipt of the petition and continuing the proceeding as specified in RSA 541-A:3.

5 New Section; Personal Privacy Impact Statements. Amend RSA 541-A by inserting after section 5 the following new section:

541-A:5-a Personal Privacy Impact Statements.

I. The agency shall provide the legislative budget assistant with adequate details of the intended action and supporting data to enable the legislative budget assistant to prepare a personal privacy impact statement.

II. The legislative budget assistant shall develop a form which shall specify the details and supporting data necessary to assess the personal privacy impact of the proposed rule.

III. The legislative budget assistant shall establish a schedule of deadlines for submission of the personal privacy impact form, and the agency shall file the completed form with the legislative budget assistant in accordance with such deadlines.

IV. The personal privacy impact statement issued by the legislative budget assistant shall consist of:

(a) A description and assessment of the extent to which the proposed rule will impact the personal privacy interests of individuals, including the extent to which the proposed rule:

(1) Provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed;

(2) Allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies;

(3) Prevents such information, which is collected for one purpose, from being used for another purpose; and

(4) Provides security for such information.

(b) A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant personal privacy impact of the proposed rule on individuals.

V. All agencies are directed to cooperate with the legislative budget assistant in the preparation of personal privacy impact statements.

VI. Agencies shall also obtain an amended personal privacy impact statement from the legislative budget assistant only if as a result of notice and hearing a change has been made which affects the original personal privacy impact statement. Agencies shall file the amended personal privacy impact statement as part of the final proposal pursuant to RSA 541-A:12, II.

6 Rulemaking; Final Proposal; Amended Personal Privacy Impact Statement. Amend RSA 541-A:12, II(d) to read as follows:

(d) If required pursuant to RSA 541-A:5, VI, an amended fiscal impact statement or personal privacy impact statement from the legislative budget assistant stating that as a result of notice and hearing the rule did change and explaining how this change affects the original fiscal impact statement or personal privacy impact statement.

7 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0239

1/15/03

HB 381-FN - FISCAL NOTE

AN ACT requiring proposed bills and rules to include an analysis of their impact on personal privacy.

FISCAL IMPACT:

The Legislative Accounting Office, Office of Legislative Budget Assistant, and the Senate Chief of Staff state this bill may increase state expenditures by an indeterminable amount in FY 2003 and each year thereafter. There will be no fiscal impact on state, county, and local revenue, or county and local expenditures.

METHODOLOGY:

The House Chief of Staff states this bill would require all bills to include a privacy note prepared by the Office of Legislative Budget Assistant. The fiscal impact cannot be determined due to a number of unknown variables including additional printing, and the potential for additional committee meetings and session days. Costs would include printing additional pages for each bill, as well as session mileage (maximum of $10,361 per day).

The Legislative Budget Assistant and Senate Chief of Staff have determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2003 through 2007.