|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 21, 2019||referred to investigations and government operations|
senate Bill S3940
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3940 (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:
S3940 (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.
S3940 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3940 SPONSOR: KRUEGER TITLE OF BILL: 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 regulations 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 PURPOSE: To establish procedures for retention of and access to state electronic records and include the state legislature in the provisions of the free- dom of information law currently applicable to state agencies. SUMMARY OF PROVISIONS:
S3940 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3940 2019-2020 Regular Sessions I N S E N A T E February 21, 2019 ___________ Introduced by Sens. KRUEGER, COMRIE, LIU, MONTGOMERY, PARKER, 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.
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