NY State Senate Bill 2017-S8904

Senate Bill S8904

2017-2018 Legislative Session

Relates to records and data stored on electronic devices used by employees of the executive department

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	ordered to third reading cal.1522
Jun 01, 2018	referred to rules

Votes

- Jun 4, 2018 - Rules Committee Vote
  S8904
  
  13
  
  Aye
  
  0
  
  Nay
  
  12
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2018
      
      aye (13)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      aye wr (12)
      
      Breslin
      
      Dilan
      
      Gianaris
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Montgomery
      
      Rivera
      
      Savino
      
      Stewart-Cousins
      
      Valesky

2017-S8904 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§5 & 30, Exec L

2017-S8904 (ACTIVE) - Summary

Relates to records and data stored on electronic devices used by employees of the executive department.

2017-S8904 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8904

SPONSOR: DEFRANCISCO
 
TITLE OF BILL:  An act to amend the executive law, in relation to
records and data stored on electronic devices used by employees of the
executive department

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that executive department employees cannot use electronic
devices that do not store data in a manner to be accessed at a later
data should its production be compelled. This bill provides oversight
and accountability for executive department employees.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1- clarifies that records and data stored on electronic devices
used by executive department employees are to be considered executive
records.

Section 2 - prohibits executive employees from using electronic devices

that do not store information in a manner that provides for later access
if compelled to be produced. It also defines the term electronic
devices.

Section 3 - provides that this act shall take effect immediately.

 
JUSTIFICATION:

The public must have confidence in knowing that the employees who imple-
ment the policy and the laws of New York state are making accessible
records of the data stored on their work devices. With the growing use
of personal electronic devices in the employment context, and the
resulting policy issues that result from this practice, the executive's
employees should be held to the same standards to which other govern-
mental employees, and many private sector employees, are held. This
legislation creates a policy to ensure that executive department employ-
ees are responsible stewards of the data stored on their electronic
devices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8904 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8904
 
                             I N  S E N A T E
 
                               June 1, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law,  in  relation  to  records  and  data
   stored  on  electronic  devices  used  by  employees  of the executive
   department
 
   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 by adding a new
 subdivision 6 to read as follows:
   6. ALL RECORDS OR DATA STORED ON ELECTRONIC DEVICES, AS SUCH  TERM  IS
 DEFINED  BY  SECTION  THIRTY  OF  THIS CHAPTER, USED BY EMPLOYEES OF THE
 EXECUTIVE DEPARTMENT AS ESTABLISHED BY SECTION THIRTY OF THIS CHAPTER.
   § 2. Section 30 of the executive law is amended by adding a new undes-
 ignated paragraph to read as follows:
   NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY EMPLOYEES
 OF ANY AGENCIES ESTABLISHED UNDER THIS ARTICLE SHALL BE PROHIBITED  FROM
 USING  ANY  ELECTRONIC DEVICES THAT DO NOT STORE INFORMATION IN A MANNER
 THAT ALLOWS FOR IT TO BE ACCESSED AT A LATER  DATE  FOR  INSPECTION  AND
 FURTHER  PRESERVATION,  IF SUCH ACCESS IS COMPELLED BY A COURT OF LAW OR
 LAW  ENFORCEMENT  AGENCY.  FOR  PURPOSES  OF  THIS  SECTION  "ELECTRONIC
 DEVICES"  SHALL MEAN, BUT NOT BE LIMITED TO, HAND-HELD MOBILE TELEPHONE,
 AS DEFINED BY SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF
 THE VEHICLE AND TRAFFIC LAW, PERSONAL DIGITAL ASSISTANT (PDA),  HANDHELD
 DEVICE  WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER, BROADBAND
 PERSONAL COMMUNICATION  DEVICE,  TWO-WAY  MESSAGING  DEVICE,  ELECTRONIC
 GAME,  OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR PRESENT OR  FUTURE
 COMMUNICATION.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16159-01-8

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