Senate Bill S3062

2023-2024 Legislative Session

Relates to the retention of state records; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S3062 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 89, add §88-a, rpld §88 sub 1, Pub Off L; add §57.06, Arts & Cul L; rpld §5, amd §713, Exec L; add §33-a, Leg L; rpld §70-0113, En Con L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4307
2017-2018: S4584
2019-2020: S3940
2021-2022: S3043

2023-S3062 (ACTIVE) - Summary

Relates to the retention of state records; repeals provisions relating to rules and regulations governing access to state legislative records; repeals provisions relating to executive records; repeals provisions relating to information confidentially disclosed by applicants.

2023-S3062 (ACTIVE) - Sponsor Memo

2023-S3062 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3062
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, COMRIE, LIU, PARKER, RAMOS, SANDERS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Investigations and Government Operations
 
 AN ACT to amend the public officers law, the arts and  cultural  affairs
   law,  the  executive  law  and the legislative law, in relation to the
   retention of state electronic records;  to  repeal  subdivision  1  of
   section  88  of  the  public officers law, relating to rules and regu-
   lations governing access  to  state  legislative  records;  to  repeal
   section  5 of the executive law, relating to executive records; and to
   repeal section 70-0113 of the environmental conservation law, relating
   to information confidentially disclosed by applicants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The legislature finds that procedures
 and practice that promote transparency and accountability in the  execu-
 tive  and  legislative  branches serve the public interest and encourage
 public faith in government. Government  policies  which  allow  for  the
 destruction  of  emails  and  other  electronic governmental records and
 exempt the legislature from the Freedom of Information  Law  (FOIL)  run
 counter to these principles of transparency and accountability.
   Computers  and other electronic devices create many of the new records
 we use today, most commonly via email. These records, although electron-
 ic in format, are the same as records produced in other  formats.  Elec-
 tronic  records  show  how  one  conducts business, makes decisions, and
 carries out the people's  work.  They  are  evidence  of  decisions  and
 actions.    Fundamental  records  management  principles should apply to
 electronic records, as they apply to any record formats.
   The executive branch has adopted a policy allowing automatic  deletion
 of  emails  after 90 days, which has the potential to severely limit the
 public availability of vital information  regarding  the  operations  of
 agencies.  The  consequences  of such a policy are illustrated in a 2015
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07060-01-3
              

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