senate Bill S4307

2015-2016 Legislative Session

Relates to the retention of state records; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Investigations And Government Operations Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to investigations and government operations
Mar 25, 2015 print number 4307a
Mar 25, 2015 amend (t) and recommit to investigations and government operations
Mar 12, 2015 referred to investigations and government operations

Co-Sponsors

S4307 - Details

See Assembly Version of this Bill:
A6078
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

S4307 - 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.

S4307 - Sponsor Memo

S4307 - Bill Text download pdf

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

                                  4307

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 12, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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; and 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.  Current  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 emails. These  records,  although  elec-
tronic  in  format, are the same as records in other formats. Electronic
records show how you conduct business, make  decisions,  and  carry  out
your  work.  They  are  evidence of decisions and actions.   Fundamental
records management principles should apply  to  electronic  records,  as
they apply to other 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.
                                                           LBD09918-01-5

Co-Sponsors

S4307A (ACTIVE) - Details

See Assembly Version of this Bill:
A6078
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

S4307A (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.

S4307A (ACTIVE) - Sponsor Memo

S4307A (ACTIVE) - Bill Text download pdf

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

                                 4307--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 12, 2015
                               ___________

Introduced  by  Sens. KRUEGER, PARKER -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09918-02-5

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