NY State Senate Bill 2009-S738

Senate Bill S738

Vetoed By Governor

2009-2010 Legislative Session

Repeals and reenacts provisions on recordkeeping and preservation for governor and executive chamber records; repealer

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 14, 2009	vetoed memo.10
Jul 02, 2009	delivered to governor
May 18, 2009	returned to senate passed assembly ordered to third reading cal.550 substituted for a641a
May 11, 2009	referred to governmental operations returned to assembly repassed senate
May 04, 2009	amended on third reading 738a
May 04, 2009	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 11, 2009	referred to governmental operations
Mar 10, 2009	delivered to assembly passed senate
Mar 05, 2009	advanced to third reading
Mar 04, 2009	2nd report cal.
Mar 03, 2009	1st report cal.75
Jan 15, 2009	referred to finance

Votes

- May 11, 2009 - Floor Vote
  S738
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
  Mar 10, 2009 - Floor Vote
  S738
  
  61
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 10, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (1)
      
      McDonald

Bill Amendments

Original

A (Active)

2009-S738 - Details

2009-S738 - Summary

Reforms provisions on recordkeeping and preservation for governor and executive chamber records; requires governor to separately file public and private records; provides that upon completion of a term of office the office of the state archives shall assume control over such records; allows state archivist to dispose of records deemed of no research value

2009-S738 - Sponsor Memo

                                 BILL NUMBER:  S738

 TITLE OF BILL :
An act to amend the executive law, in relation to the records of the
governor and executive chamber and to repeal section 5 of the
executive law relating thereto


 PURPOSE :
To reform the law regarding Governor and Executive Chamber records,
and to insure the availability of public documents to the citizens of
New York.

 SUMMARY OF PROVISIONS :
Section 1 states the legislative findings that the records of the
Governor and Executive Chamber are of special importance to the people
of New York, and warrant archival preservation.

Section 2 defines the terms "governor's records," "personal records,"
"former governor," and "archivist. "

Section 3 clarifies the law to state that governor's records are owned
by the state of New York and administered by the terms of this
section.

Section 4 states that the governor and his executive staff shall

establish record keeping procedures to assure that they provide a
complete documentary evidence of the activities that affect the people
of New York, and that the governor classify and file separately public
and personal records.

Section 5 states that upon completion of a term of office the state
archives shall assume control over the governor's records, with an
affirmative duty to make them available to the public as soon as
possible.

Section 6 allows the archivist to deposit the records in a place other
than the state archives, as long as the state retains ownership of the
records.

Section 7 allows the state archivist the right to dispose of records
that are deemed to be of no research value.

Section 8 specifies that records transferred to the state archives be
administered pursuant to 84-90 of the Public Officers Law. An
exception shall be when the Governor specifies that for a duration of
time not to exceed fifteen years, access to certain documents shall be
restricted with respect to documents in one of the following two
categories:  appointments to state offices; exemption from disclosure
pursuant to the Public Officers law.

Section 9 states that during this period of restricted access, the
archivist shall establish procedures to notify persons requesting
restricted information from the archives of the status of their
request.

Section 10 states the individuals who shall be exempted from
restriction on access. Those individuals are employees of the state
archives in the performance of their normal duties; former governors
or their designees; Section 10 further states that governor's records
shall be made available; pursuant to a subpoena or other judicial
process; to an incumbent governor, as such records are necessary to
conduct state business; to either house of the state legislature as
such records are necessary to conduct state business.


Section 11 states that upon the death of a governor or former
governor, all authority that such person may have had under this
section shall be exercised by the archivist.

Section 12 states that lieutenant governors shall be subject to the
provisions of this record in the same manner as governor's records.

 JUSTIFICATION :
The State Archives is an appropriate repository for Executive Chamber
records of enduring value, as it is mandated to preserve and provide
access to the archival "records of state government. The Governor and
Lieutenant Governor are government officials, elected by and
accountable to the citizens of the State.  Records created by public
officials in the course of governing belong to the government and to
the citizens of the State. Governor's and Lieutenant Governor's
records are an important part of the State's institutional and
cultural memory. The State Archives already holds many records of
former governors and lieutenant governors and marshals State's
resources to support their administration and maintenance, along with
related records that document the rest of State government.

The records of New York State governors and their top level staff and
advisors are critical to complete the collection of source material on
gubernatorial policy initiatives, decision making, and program
leadership. The Archives is already working with the Executive Chamber
to preserve the Executive Chamber correspondence through microfilming
the tiles of the Central Correspondence Unit and to transfer the Bill
and Veto Jacket files to the Archives where they are microfiched and
made widely available for research.

Finally, from a nationwide perspective, a 1989 report by the National
Governors Association urged the governor of each state to work with
his or her state's archival agency on the management and preservation
of Executive Chamber records. The current Governor can establish a
standard for future New York governors and other states to follow.

Specifically, those records that relate to governing each State or to
any State operations and that save continuing value for research or
other purposes, need to be retained together in the legal custody of
the state archives after the governor leaves office. This will ensure
that, nationally, the record of every gubernatorial administration
will be available now and in the future to the citizens who want to
know about the past actions of their state government. This bill is
modeled after the federal legislation that governs the disposition of
Presidential papers in the National Archives.

 LEGISLATIVE HISTORY :
2007/2008 - S.936 Remained in the Senate Committee on Investigations
and Government Operations/A.2066 Passed Assembly
2005/2006 - S.1961 Remained in the Senate Committee on Finance/A.2531
Passed Assembly
2003/2004 - S.690 Remained in the Senate Committee on Finance/A.623
Passed the Assembly
2001/2002 - S.3095 Remained in the Senate Committee on Finance/A.1953
Passed the Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S738 - Bill Text download pdf

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

                                   738

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- 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  the  records  of  the
  governor  and  executive chamber and to repeal section 5 of the execu-
  tive law relating thereto

  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 REPEALED and a new
section 5 is added to read as follows:
  S 5. GOVERNOR AND EXECUTIVE CHAMBER RECORDS. 1. RECORDS OF THE  GOVER-
NOR  AND  THE  EXECUTIVE  CHAMBER STAFF ARE OF SPECIAL IMPORTANCE TO THE
GOVERNMENT AND CITIZENS OF NEW YORK STATE, BECAUSE THE RECORDS  DOCUMENT
THE ACTIVITIES AND DECISIONS OF STATE GOVERNMENT'S CHIEF EXECUTIVE OFFI-
CER. MANY RECORDS OF THE GOVERNOR AND THE EXECUTIVE CHAMBER STAFF ARE OF
ENDURING  VALUE  AND  WARRANT ARCHIVAL PRESERVATION BECAUSE SUCH RECORDS
CONTAIN DOCUMENTARY EVIDENCE ABOUT SIGNIFICANT POLICIES,  PROGRAMS,  AND
DECISIONS MADE OR INSTITUTED BY THE GOVERNOR.
  2. AS USED IN THIS SECTION:
  A.  THE TERM "GOVERNOR'S RECORDS" MEANS ALL CORRESPONDENCE, MEMORANDA,
REPORTS, PROPOSALS, OR OTHER DOCUMENTARY MATERIALS OR REASONABLY SEGREG-
ABLE PORTIONS THEREOF, CREATED OR RECEIVED BY THE GOVERNOR, HIS  OR  HER
IMMEDIATE  STAFF, OR A UNIT OR INDIVIDUAL IN THE EXECUTIVE CHAMBER WHOSE
FUNCTION IS TO ADVISE AND ASSIST THE GOVERNOR, IN THE COURSE  OF  TRANS-
ACTING  BUSINESS  OR  CONDUCTING  ACTIVITIES  WHICH RELATE TO OR HAVE AN
EFFECT UPON THE CARRYING OUT OF THE CONSTITUTIONAL, STATUTORY,  ADMINIS-
TRATIVE,  OR  OTHER OFFICIAL OR CEREMONIAL DUTIES OF THE GOVERNOR.  SUCH
RECORDS INCLUDE DOCUMENTARY MATERIALS RELATING TO  POLITICAL  ACTIVITIES
OF  THE  GOVERNOR  OR A MEMBER OF THE STAFF, BUT ONLY IF SUCH ACTIVITIES
RELATE TO OR HAVE A DIRECT IMPACT UPON THE CONSTITUTIONAL, STATUTORY  OR
OTHER OFFICIAL OR CEREMONIAL DUTIES OF THE GOVERNOR AND DOES NOT INCLUDE
DOCUMENTARY  MATERIALS  THAT ARE (I) OFFICIAL RECORDS OF AN AGENCY; (II)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02853-01-9

S. 738                              2

PERSONAL RECORDS; (III) STOCKS OF PUBLICATIONS, FORMS,  AND  STATIONERY;
(IV)  EXTRA  COPIES OF DOCUMENTS PRODUCED ONLY FOR CONVENIENCE OF REFER-
ENCE; AND (V) LIBRARY OR MUSEUM MATERIAL MADE  OR  ACQUIRED  SOLELY  FOR
REFERENCE AND EXHIBITION PURPOSES.
  B.  THE  TERM  "PERSONAL  RECORDS"  MEANS ALL DOCUMENTARY MATERIALS OR
REASONABLY SEGREGABLE PORTIONS THEREOF, OF A PURELY PRIVATE OR NONPUBLIC
CHARACTER WHICH DO NOT RELATE TO OR HAVE AN EFFECT UPON THE CARRYING OUT
OF THE CONSTITUTIONAL, STATUTORY, OR OTHER OFFICIAL OR CEREMONIAL DUTIES
OF THE GOVERNOR INCLUDING PERSONAL DIARIES, JOURNALS AND NOTES;  MATERI-
ALS  RELATING  TO PRIVATE POLITICAL ASSOCIATIONS; AND MATERIALS RELATING
EXCLUSIVELY TO THE GOVERNOR'S OWN ELECTION TO THE OFFICE OF GOVERNOR AND
MATERIALS RELATING DIRECTLY TO THE ELECTION OF INDIVIDUALS  TO  FEDERAL,
STATE OR LOCAL OFFICE.
  C.  THE  TERM  "FORMER GOVERNOR", WHEN USED WITH RESPECT TO GOVERNOR'S
RECORDS, MEANS THE FORMER GOVERNOR DURING WHOSE TERM OR TERMS OF  OFFICE
SUCH RECORDS WERE CREATED.
  D.  THE  TERM "ARCHIVIST" SHALL MEAN THE HEAD OF THE STATE ARCHIVES IN
THE STATE EDUCATION DEPARTMENT.
  3. GOVERNOR'S RECORDS ARE OWNED BY THE STATE OF NEW YORK AND SHALL  BE
ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  4. THE GOVERNOR AND HIS OR HER EXECUTIVE CHAMBER STAFF SHALL ESTABLISH
RECORDKEEPING POLICIES AND PROCEDURES TO ASSURE THAT:
  A.  RECORDS  AND RECORDKEEPING SYSTEMS ARE CREATED TO PROVIDE COMPLETE
AND COMPREHENSIVE DOCUMENTARY EVIDENCE OF  THE  SIGNIFICANT  ACTIVITIES,
DELIBERATIONS, DECISIONS, AND DEVELOPMENT AND IMPLEMENTATION OF POLICIES
THAT REFLECT THE PERFORMANCE OF CONSTITUTIONAL, STATUTORY, AND THE OFFI-
CIAL AND CEREMONIAL DUTIES OF THE GOVERNOR;
  B.  DOCUMENTARY  MATERIALS  PRODUCED  OR  RECEIVED BY THE GOVERNOR AND
EXECUTIVE CHAMBER STAFF ARE, TO THE EXTENT PRACTICABLE,  CATEGORIZED  AS
GOVERNOR'S  RECORDS OR PERSONAL RECORDS UPON CREATION OR RECEIPT AND ARE
FILED SEPARATELY TO REFLECT  STATUS  AS  EITHER  GOVERNOR'S  RECORDS  OR
PERSONAL PAPERS;
  C.  RECORDS  AND RECORDKEEPING SYSTEMS REMAIN USABLE AND ACCESSIBLE AS
LONG AS NEEDED FOR BUSINESS OR RESEARCH PURPOSES;
  D. RECORDS AND  RECORDKEEPING  SYSTEMS  ARE  EVALUATED  BY  THE  STATE
ARCHIVES  IN  ORDER  TO  IDENTIFY AND PROTECT RECORDS THAT HAVE ENDURING
RESEARCH VALUE AND WARRANT PRESERVATION IN THE STATE ARCHIVES; AND
  E. RECORDS IDENTIFIED  BY  THE  STATE  ARCHIVES  AS  HAVING  ENDURING,
EVIDENTIAL,  INFORMATIONAL,  HISTORICAL,  OR  OTHER  RESEARCH  VALUE ARE
TRANSFERRED TO THE STATE ARCHIVES DURING OR AT THE END OF A GUBERNATORI-
AL ADMINISTRATION.
  5. UPON COMPLETION OF A TERM OF OFFICE OR IF SERVING CONSECUTIVE TERMS
UPON CONCLUSION OF THE  LAST  TERM,  THE  STATE  ARCHIVES  SHALL  ASSUME
RESPONSIBILITY FOR CUSTODY, CONTROL, AND PRESERVATION OF, AND ACCESS TO,
GOVERNOR'S RECORDS. THE STATE ARCHIVES SHALL HAVE AN AFFIRMATIVE DUTY TO
MAKE  SURE SUCH RECORDS ARE AVAILABLE TO THE PUBLIC AS RAPIDLY AS POSSI-
BLE, CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
  6. THE STATE ARCHIVIST MAY DEPOSIT SUCH RECORDS IN A REPOSITORY  OTHER
THAN THE STATE ARCHIVES PROVIDED THAT THE STATE OF NEW YORK SHALL RETAIN
OWNERSHIP  AND  THE  ARCHIVIST HAS ASCERTAINED THAT THE REPOSITORY MEETS
GENERALLY ACCEPTED STANDARDS AND FOLLOWS ACCEPTED PRACTICES FOR ARCHIVAL
ADMINISTRATION, THAT THE RECORDS ARE AVAILABLE FOR PUBLIC ACCESS  PURSU-
ANT  TO  THE  PROVISIONS  OF  THIS  SECTION, AND THAT THE RECORDS MAY BE
RETURNED TO THE STATE ARCHIVES IF THE REPOSITORY IS  UNABLE  TO  PROVIDE
ACCEPTABLE CONDITIONS.

S. 738                              3

  7.  THE  STATE  ARCHIVIST MAY DISPOSE OF RECORDS THAT ARE DEEMED OF NO
FURTHER RESEARCH VALUE.
  8.  RECORDS  TRANSFERRED  TO  THE STATE ARCHIVES SHALL BE ADMINISTERED
PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE  PUBLIC  OFFICERS  LAW,
EXCEPT  THAT  PRIOR  TO  THE  CONCLUSIONS  OF TERM OR TERMS OF OFFICE, A
GOVERNOR MAY SPECIFY DURATIONS, NOT TO EXCEED FIFTEEN YEARS,  FOR  WHICH
ACCESS  SHALL  BE  RESTRICTED  WITH RESPECT TO INFORMATION IN GOVERNOR'S
RECORDS IN ONE OR MORE OF THE FOLLOWING CATEGORIES:
  A. RELATING TO APPOINTMENT TO STATE OFFICE; AND
  B. EXEMPTED FROM DISCLOSURE PURSUANT TO THE PUBLIC OFFICERS LAW.
  9. DURING THE PERIOD OF RESTRICTED ACCESS, THE ARCHIVIST SHALL  ESTAB-
LISH  PROCEDURES  WHEREBY ANY PERSON DENIED ACCESS MAY REQUEST A WRITTEN
DETERMINATION BY  THE  ARCHIVIST  OR  DESIGNEE  WITHIN  THIRTY  DAYS  OF
REQUEST, SETTING FORTH THE BASIS FOR THE DETERMINATION.
  10. THE FOLLOWING SHALL BE EXCEPTED FROM RESTRICTIONS ON ACCESS:
  A.  EMPLOYEES  OF THE STATE ARCHIVES IN THE PERFORMANCE OF NORMAL WORK
TO ADMINISTER THE RECORDS;
  B. FORMER GOVERNORS OR THEIR DESIGNEES FOR RECORDS RELATING  TO  THEIR
TERMS OF OFFICE;
  C.  SUBJECT  TO ANY RIGHTS, DEFENSES, OR PRIVILEGES WHICH AN AGENCY OR
INDIVIDUAL MAY INVOKE, GOVERNOR'S RECORDS SHALL BE MADE AVAILABLE:
  (1) PURSUANT TO SUBPOENA OR OTHER JUDICIAL PROCESS ISSUED BY  A  COURT
OF  COMPETENT  JURISDICTION  FOR  THE  PURPOSES OF ANY CIVIL OR CRIMINAL
INVESTIGATION OR PROCEEDING;
  (2) TO AN INCUMBENT GOVERNOR IF SUCH RECORDS CONTAIN INFORMATION  THAT
IS  NEEDED FOR THE CONDUCT OF CURRENT BUSINESS OF THE OFFICE AND THAT IS
NOT OTHERWISE AVAILABLE; AND
  (3) TO EITHER HOUSE OF THE STATE LEGISLATURE, TO THE EXTENT OF  MATTER
WITHIN  ITS  JURISDICTION,  IF  SUCH RECORDS CONTAIN INFORMATION THAT IS
NEEDED FOR THE CONDUCT OF CURRENT BUSINESS AND IS NOT  OTHERWISE  AVAIL-
ABLE.
  11. UPON THE DEATH OR DISABILITY OF A GOVERNOR OR FORMER GOVERNOR, ANY
DISCRETION  OR  AUTHORITY  THE  GOVERNOR OR FORMER GOVERNOR MAY HAVE HAD
UNDER THIS SECTION SHALL BE EXERCISED BY THE ARCHIVIST UNLESS  OTHERWISE
PREVIOUSLY  PROVIDED  BY  THE  GOVERNOR  OR FORMER GOVERNOR IN A WRITTEN
NOTICE TO THE ARCHIVIST.
  12. LIEUTENANT GOVERNOR'S RECORDS SHALL BE SUBJECT TO  THE  PROVISIONS
OF THIS SECTION IN THE SAME MANNER AS GOVERNOR'S RECORDS.
  S 2. This act shall take effect immediately.

co-Sponsors

2009-S738A (ACTIVE) - Details

2009-S738A (ACTIVE) - Summary

2009-S738A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S738A

 TITLE OF BILL :

An act to amend the executive law, in relation to the records of the
governor and executive chamber and to repeal section 5 of the
executive law relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :

To reform the law regarding Governor and Executive Chamber records,
and to insure the availability of public documents to the citizens of
New York.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 states the legislative findings that the records of the
Governor and Executive Chamber are of special importance to the people
of New York, and warrant archival preservation.

Section 2 defines the terms "governor's records," "personal records,"
"former governor," and "archivist."

Section 3 clarifies the law to state that governor's records are owned
by the state of New York and administered by the terms of this

section.

Section 4 states that the governor and his executive staff shall
establish record keeping procedures to assure that they provide a
complete documentary evidence of the activities that affect the people
of New York, and that the governor classify and file separately public
and personal records. It also requires that records and recordkeeping
systems are evaluated by the state archives to ensure they are
maintained for an appropriate timeframe.

Section 5 states that upon completion of a term of office the state
archives shall assume control over the governor's records, with an
affirmative duty to make them available to the public as soon as
possible.

Section 6 allows the archivist to deposit the records in a place other
than the state archives, as long as the state retains ownership of the
records.

Section 7 allows the state archivist the right to dispose of records
that are deemed to be of no research value.

Section 8 specifies that records transferred to the state archives be
administered pursuant to 84-90 of the Public Officers Law. An
exception shall be when the Governor specifics that for a duration of
time not to exceed fifteen years, access to certain documents shall be
restricted with respect to documents in one of the following two
categories:  appointments to state offices; exemption from disclosure
pursuant to the Public Officers law.

Section 9 states that during this period of restricted access, the
archivist shall establish procedures to notify persons requesting
restricted information from the archives of the status of their
request.

Section 10 states the individuals who shall be exempted from
restriction on access. Those individuals are employees of the state
archives in the performance of their normal duties; former governors
or their designees; Section 10 further states that governor's records
shall be made available; pursuant to a subpoena or other judicial
process; to an incumbent governor, as such records are necessary to
conduct state business; to either house of the state legislature as
such records are necessary to conduct state business;

Section 11 states that upon the death of a governor or former
governor, all authority that such person may have had under this
section shall be exercised by the archivist.

Section 12 states that lieutenant governors shall be subject to the
provisions of this record in the same manner as governor's records.

 JUSTIFICATION :
The State Archives is an appropriate repository for Executive Chamber
records of enduring value, as it is mandated to preserve and provide
access to the archival "records of state government. The Governor and
Lieutenant Governor are government officials, elected by and
accountable to the citizens of the State. Records created by public
officials in the course of governing belong to the government and to
the citizens of the State. Governor's and Lieutenant Governor's
records are an important part of the State's institutional and
cultural memory. The State Archives already holds many records of
former governors and lieutenant governors and marshals State's
resources to support their administration and maintenance, along with
related records that document the rest of State government.

The records of New York State governors and their top level staff and
advisors are critical to complete the collection of source material on
gubernatorial policy initiatives, decision making, and program
leadership. The Archives is already working with the Executive Chamber
to preserve the Executive Chamber correspondence through microfilming
the files of the Central Correspondence Unit and to transfer the Bill
and Veto Jacket files to the Archives where they are microfiched and
made widely available for research. It is also appropriate that the
archive have the ability to evaluate recordkeeping systems based on
their experience with systems that are proprietary and expensive to
maintain.

Finally, from a nationwide perspective, a 1989 report by the National
Governors Association urged the governor of each state to work with
his or her state's archival agency on the management and preservation
of Executive Chamber records. The current Governor can establish a
standard for future New York governors and other states to follow.

Specifically, those records that relate to governing each State or to
any State operations and that save continuing value for research or
other purposes, need to be retained together in the legal custody of
the state archives after the governor leaves office. This will ensure
that, nationally, the record of every gubernatorial administration
will be available now and in the future to the citizens who want to
know about the past actions of their state government.  This bill is
modeled after the federal legislation that governs the disposition of
Presidential papers in the National Archives.

 PRIOR LEGISLATIVE HISTORY :

2008 - A.2066 - Passed assembly

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S738A (ACTIVE) - Bill Text download pdf

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

                                 738--A
    Cal. No. 75

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sens.  BRESLIN, ADAMS -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading, passed by Senate and delivered  to
  the  Assembly, recalled, vote reconsidered, restored to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend  the executive law, in relation to the records of the
  governor and executive chamber and to repeal section 5 of  the  execu-
  tive law relating thereto

  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  REPEALED  and  a  new
section 5 is added to read as follows:
  S  5. GOVERNOR AND EXECUTIVE CHAMBER RECORDS. 1. RECORDS OF THE GOVER-
NOR AND THE EXECUTIVE CHAMBER STAFF ARE OF  SPECIAL  IMPORTANCE  TO  THE
GOVERNMENT  AND CITIZENS OF NEW YORK STATE, BECAUSE THE RECORDS DOCUMENT
THE ACTIVITIES AND DECISIONS OF STATE GOVERNMENT'S CHIEF EXECUTIVE OFFI-
CER. MANY RECORDS OF THE GOVERNOR AND THE EXECUTIVE CHAMBER STAFF ARE OF
ENDURING VALUE AND WARRANT ARCHIVAL PRESERVATION  BECAUSE  SUCH  RECORDS
CONTAIN  DOCUMENTARY  EVIDENCE ABOUT SIGNIFICANT POLICIES, PROGRAMS, AND
DECISIONS MADE OR INSTITUTED BY THE GOVERNOR.
  2. AS USED IN THIS SECTION:
  A. THE TERM "GOVERNOR'S RECORDS" MEANS ALL CORRESPONDENCE,  MEMORANDA,
REPORTS, PROPOSALS, OR OTHER DOCUMENTARY MATERIALS OR REASONABLY SEGREG-
ABLE  PORTIONS  THEREOF, CREATED OR RECEIVED BY THE GOVERNOR, HIS OR HER
IMMEDIATE STAFF, OR A UNIT OR INDIVIDUAL IN THE EXECUTIVE CHAMBER  WHOSE
FUNCTION  IS  TO ADVISE AND ASSIST THE GOVERNOR, IN THE COURSE OF TRANS-
ACTING BUSINESS OR CONDUCTING ACTIVITIES WHICH  RELATE  TO  OR  HAVE  AN
EFFECT  UPON THE CARRYING OUT OF THE CONSTITUTIONAL, STATUTORY, ADMINIS-
TRATIVE, OR OTHER OFFICIAL OR CEREMONIAL DUTIES OF THE GOVERNOR.    SUCH

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

                                                           LBD02853-03-9

S. 738--A                           2

RECORDS  INCLUDE  DOCUMENTARY MATERIALS RELATING TO POLITICAL ACTIVITIES
OF THE GOVERNOR OR A MEMBER OF THE STAFF, BUT ONLY  IF  SUCH  ACTIVITIES
RELATE  TO OR HAVE A DIRECT IMPACT UPON THE CONSTITUTIONAL, STATUTORY OR
OTHER OFFICIAL OR CEREMONIAL DUTIES OF THE GOVERNOR AND DOES NOT INCLUDE
DOCUMENTARY  MATERIALS  THAT ARE (I) OFFICIAL RECORDS OF AN AGENCY; (II)
PERSONAL RECORDS; (III) STOCKS OF PUBLICATIONS, FORMS,  AND  STATIONERY;
(IV)  EXTRA  COPIES OF DOCUMENTS PRODUCED ONLY FOR CONVENIENCE OF REFER-
ENCE; AND (V) LIBRARY OR MUSEUM MATERIAL MADE  OR  ACQUIRED  SOLELY  FOR
REFERENCE AND EXHIBITION PURPOSES.
  B.  THE  TERM  "PERSONAL  RECORDS"  MEANS ALL DOCUMENTARY MATERIALS OR
REASONABLY SEGREGABLE PORTIONS THEREOF, OF A PURELY PRIVATE OR NONPUBLIC
CHARACTER WHICH DO NOT RELATE TO OR HAVE AN EFFECT UPON THE CARRYING OUT
OF THE CONSTITUTIONAL, STATUTORY, OR OTHER OFFICIAL OR CEREMONIAL DUTIES
OF THE GOVERNOR INCLUDING PERSONAL DIARIES, JOURNALS AND NOTES;  MATERI-
ALS  RELATING  TO PRIVATE POLITICAL ASSOCIATIONS; AND MATERIALS RELATING
EXCLUSIVELY TO THE GOVERNOR'S OWN ELECTION TO THE OFFICE OF GOVERNOR AND
MATERIALS RELATING DIRECTLY TO THE ELECTION OF INDIVIDUALS  TO  FEDERAL,
STATE OR LOCAL OFFICE.
  C.  THE  TERM  "FORMER GOVERNOR", WHEN USED WITH RESPECT TO GOVERNOR'S
RECORDS, MEANS THE FORMER GOVERNOR DURING WHOSE TERM OR TERMS OF  OFFICE
SUCH RECORDS WERE CREATED.
  D.  THE  TERM "ARCHIVIST" SHALL MEAN THE HEAD OF THE STATE ARCHIVES IN
THE STATE EDUCATION DEPARTMENT.
  3. GOVERNOR'S RECORDS ARE OWNED BY THE STATE OF NEW YORK AND SHALL  BE
ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  4. THE GOVERNOR AND HIS OR HER EXECUTIVE CHAMBER STAFF SHALL ESTABLISH
RECORDKEEPING POLICIES AND PROCEDURES TO ASSURE THAT:
  A.  RECORDS  AND RECORDKEEPING SYSTEMS ARE CREATED TO PROVIDE COMPLETE
AND COMPREHENSIVE DOCUMENTARY EVIDENCE OF  THE  SIGNIFICANT  ACTIVITIES,
DELIBERATIONS, DECISIONS, AND DEVELOPMENT AND IMPLEMENTATION OF POLICIES
THAT REFLECT THE PERFORMANCE OF CONSTITUTIONAL, STATUTORY, AND THE OFFI-
CIAL AND CEREMONIAL DUTIES OF THE GOVERNOR;
  B.  DOCUMENTARY  MATERIALS  PRODUCED  OR  RECEIVED BY THE GOVERNOR AND
EXECUTIVE CHAMBER STAFF ARE, TO THE EXTENT PRACTICABLE,  CATEGORIZED  AS
GOVERNOR'S  RECORDS OR PERSONAL RECORDS UPON CREATION OR RECEIPT AND ARE
FILED SEPARATELY TO REFLECT  STATUS  AS  EITHER  GOVERNOR'S  RECORDS  OR
PERSONAL PAPERS;
  C.  RECORDS  AND RECORDKEEPING SYSTEMS REMAIN USABLE AND ACCESSIBLE AS
LONG AS NEEDED FOR BUSINESS OR RESEARCH PURPOSES;
  D. RECORDS AND  RECORDKEEPING  SYSTEMS  ARE  EVALUATED  BY  THE  STATE
ARCHIVES  IN ORDER TO ENSURE THAT RECORDS ARE RETAINED FOR THE LENGTH OF
TIME NECESSARY TO MEET LEGAL, FISCAL, AND ADMINISTRATIVE  NEEDS  AND  TO
CONFORM  WITH  ANY  LEGAL MANDATES; TO ENSURE THAT RECORDKEEPING SYSTEMS
MAINTAIN RECORDS IN USABLE AND ACCESSIBLE  FORM;  AND  TO  IDENTIFY  AND
PROTECT  RECORDS THAT HAVE ENDURING RESEARCH VALUE AND WARRANT PRESERVA-
TION IN THE STATE ARCHIVES; AND
  E. RECORDS IDENTIFIED  BY  THE  STATE  ARCHIVES  AS  HAVING  ENDURING,
EVIDENTIAL,  INFORMATIONAL,  HISTORICAL,  OR  OTHER  RESEARCH  VALUE ARE
TRANSFERRED TO THE STATE ARCHIVES DURING OR AT THE END OF A GUBERNATORI-
AL ADMINISTRATION.
  5. UPON COMPLETION OF A TERM OF OFFICE OR IF SERVING CONSECUTIVE TERMS
UPON CONCLUSION OF THE  LAST  TERM,  THE  STATE  ARCHIVES  SHALL  ASSUME
RESPONSIBILITY FOR CUSTODY, CONTROL, AND PRESERVATION OF, AND ACCESS TO,
GOVERNOR'S RECORDS. THE STATE ARCHIVES SHALL HAVE AN AFFIRMATIVE DUTY TO
MAKE  SURE SUCH RECORDS ARE AVAILABLE TO THE PUBLIC AS RAPIDLY AS POSSI-
BLE, CONSISTENT WITH THE PROVISIONS OF THIS SECTION.

S. 738--A                           3

  6. THE STATE ARCHIVIST MAY DEPOSIT SUCH RECORDS IN A REPOSITORY  OTHER
THAN THE STATE ARCHIVES PROVIDED THAT THE STATE OF NEW YORK SHALL RETAIN
OWNERSHIP  AND  THE  ARCHIVIST HAS ASCERTAINED THAT THE REPOSITORY MEETS
GENERALLY ACCEPTED STANDARDS AND FOLLOWS ACCEPTED PRACTICES FOR ARCHIVAL
ADMINISTRATION,  THAT THE RECORDS ARE AVAILABLE FOR PUBLIC ACCESS PURSU-
ANT TO THE PROVISIONS OF THIS SECTION,  AND  THAT  THE  RECORDS  MAY  BE
RETURNED  TO  THE  STATE ARCHIVES IF THE REPOSITORY IS UNABLE TO PROVIDE
ACCEPTABLE CONDITIONS.
  7. THE STATE ARCHIVIST MAY DISPOSE OF RECORDS THAT ARE  DEEMED  OF  NO
FURTHER RESEARCH VALUE.
  8.  RECORDS  TRANSFERRED  TO  THE STATE ARCHIVES SHALL BE ADMINISTERED
PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE  PUBLIC  OFFICERS  LAW,
EXCEPT  THAT  PRIOR  TO  THE  CONCLUSIONS  OF TERM OR TERMS OF OFFICE, A
GOVERNOR MAY SPECIFY DURATIONS, NOT TO EXCEED FIFTEEN YEARS,  FOR  WHICH
ACCESS  SHALL  BE  RESTRICTED  WITH RESPECT TO INFORMATION IN GOVERNOR'S
RECORDS IN ONE OR MORE OF THE FOLLOWING CATEGORIES:
  A. RELATING TO APPOINTMENT TO STATE OFFICE; AND
  B. EXEMPTED FROM DISCLOSURE PURSUANT TO THE PUBLIC OFFICERS LAW.
  9. DURING THE PERIOD OF RESTRICTED ACCESS, THE ARCHIVIST SHALL  ESTAB-
LISH  PROCEDURES  WHEREBY ANY PERSON DENIED ACCESS MAY REQUEST A WRITTEN
DETERMINATION BY  THE  ARCHIVIST  OR  DESIGNEE  WITHIN  THIRTY  DAYS  OF
REQUEST, SETTING FORTH THE BASIS FOR THE DETERMINATION.
  10. THE FOLLOWING SHALL BE EXCEPTED FROM RESTRICTIONS ON ACCESS:
  A.  EMPLOYEES  OF THE STATE ARCHIVES IN THE PERFORMANCE OF NORMAL WORK
TO ADMINISTER THE RECORDS;
  B. FORMER GOVERNORS OR THEIR DESIGNEES FOR RECORDS RELATING  TO  THEIR
TERMS OF OFFICE;
  C.  SUBJECT  TO ANY RIGHTS, DEFENSES, OR PRIVILEGES WHICH AN AGENCY OR
INDIVIDUAL MAY INVOKE, GOVERNOR'S RECORDS SHALL BE MADE AVAILABLE:
  (1) PURSUANT TO SUBPOENA OR OTHER JUDICIAL PROCESS ISSUED BY  A  COURT
OF  COMPETENT  JURISDICTION  FOR  THE  PURPOSES OF ANY CIVIL OR CRIMINAL
INVESTIGATION OR PROCEEDING;
  (2) TO AN INCUMBENT GOVERNOR IF SUCH RECORDS CONTAIN INFORMATION  THAT
IS  NEEDED FOR THE CONDUCT OF CURRENT BUSINESS OF THE OFFICE AND THAT IS
NOT OTHERWISE AVAILABLE; AND
  (3) TO EITHER HOUSE OF THE STATE LEGISLATURE, TO THE EXTENT OF  MATTER
WITHIN  ITS  JURISDICTION,  IF  SUCH RECORDS CONTAIN INFORMATION THAT IS
NEEDED FOR THE CONDUCT OF CURRENT BUSINESS AND IS NOT  OTHERWISE  AVAIL-
ABLE.
  11. UPON THE DEATH OR DISABILITY OF A GOVERNOR OR FORMER GOVERNOR, ANY
DISCRETION  OR  AUTHORITY  THE  GOVERNOR OR FORMER GOVERNOR MAY HAVE HAD
UNDER THIS SECTION SHALL BE EXERCISED BY THE ARCHIVIST UNLESS  OTHERWISE
PREVIOUSLY  PROVIDED  BY  THE  GOVERNOR  OR FORMER GOVERNOR IN A WRITTEN
NOTICE TO THE ARCHIVIST.
  12. LIEUTENANT GOVERNOR'S RECORDS SHALL BE SUBJECT TO  THE  PROVISIONS
OF THIS SECTION IN THE SAME MANNER AS GOVERNOR'S RECORDS.
  S 2. This act shall take effect immediately.

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