S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8397
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to expanding the scope of
   records which shall be preserved by the executive chamber
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5 of the  executive  law  is  amended  to  read  as
 follows:
   § 5. Executive  records. 1. The governor shall cause to be kept in the
 executive chamber or in the appropriate state office:
   [1.] A. Journals of the daily transactions of his OR HER office.
   [2.] B. Registers, containing classified  statements  of  such  trans-
 actions.
   [3.]  C.  Separate  registers  containing classified statements of all
 applications for pardon, commutation or other executive clemency, and of
 his OR HER action thereon.
   [4.] D. An account of his OR HER official expenses and  disbursements,
 including the incidental expenses of his OR HER department.
   [5.]  E.  Files  of  all  official records upon which applications for
 executive clemency are founded; of statements made by judges to  him  OR
 HER; of sentences to death and of the testimony in capital cases; and of
 such  other  papers relating to the transactions of his OR HER office as
 are deemed by him OR HER of sufficient value for preservation.
   2. THE GOVERNOR SHALL CAUSE AND DIRECT THAT ALL RECORDS OF THE  EXECU-
 TIVE  CHAMBER,  AS  WELL  AS EXECUTIVE DEPARTMENTS, AGENCIES, DIVISIONS,
 OFFICES AND COMMISSIONS, BE RETAINED FOR A MINIMUM OF TWO YEARS. FOR THE
 PURPOSES OF THIS SUBDIVISION, "RECORDS" SHALL INCLUDE ALL PAPER  RECORDS
 AND  ELECTRONIC  RECORDS,  INCLUDING  ELECTRONIC MAIL COMMUNICATIONS, AS
 WELL AS ALL ELECTRONIC DATA INCLUDING ALL FORMS OF ELECTRONIC METADATA.
   3. IN THE EVENT LITIGATION IS REASONABLY ANTICIPATED AGAINST THE EXEC-
 UTIVE CHAMBER OR ANY EXECUTIVE BRANCH DEPARTMENTS, DIVISIONS, OFFICES OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13035-02-1
              

 A. 8397                             2
 
 COMMISSIONS, THE EXECUTIVE CHAMBER SHALL HAVE A DUTY TO CAUSE AND DIRECT
 THAT ALL RECORDS REASONABLY RELATED TO SUCH  ANTICIPATED  LITIGATION  BE
 RETAINED  FOR AT LEAST FIVE YEARS OR UNTIL TWO YEARS AFTER LITIGATION IS
 NO  LONGER  REASONABLY ANTICIPATED, WHICHEVER IS LATER. FOR THE PURPOSES
 OF THIS SUBDIVISION, "RECORDS" SHALL INCLUDE ALL PAPER RECORDS AND ELEC-
 TRONIC RECORDS, AS WELL AS ALL ELECTRONIC DATA INCLUDING  ALL  FORMS  OF
 ELECTRONIC  METADATA.  FOR  PURPOSES  OF  THIS SUBDIVISION, "ANTICIPATED
 LITIGATION" SHALL INCLUDE CIVIL MATTERS, CRIMINAL  MATTERS,  IMPEACHMENT
 MATTERS AND INVESTIGATIONS BY LAW ENFORCEMENT OR LEGISLATIVE BODIES.
   § 2. This act shall take effect immediately.