senate Bill S3940

2019-2020 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2019 referred to investigations and government operations

Co-Sponsors

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:
2015-2016: S4307
2017-2018: S4584

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

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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