Bill Text: NY S07334 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands the scope of records which shall be preserved by the executive chamber, executive departments, agencies, divisions, offices and commissions, which shall be retained for a minimum of two years; and in the event litigation is reasonably anticipated against the executive or any executive branch departments, divisions, offices or commissions, the executive shall have a duty to cause and direct that all records reasonably related to such anticipated litigation be retained for at least five years or until two years after litigation is no longer reasonably anticipated, whichever is later.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S07334 Detail]

Download: New_York-2021-S07334-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7334

                               2021-2022 Regular Sessions

                    IN SENATE

                                     August 18, 2021
                                       ___________

        Introduced  by Sens. JORDAN, AKSHAR, BOYLE, MARTUCCI, STEC -- 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 expanding the scope of
          records which shall be preserved by the executive chamber

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  5  of  the  executive  law is amended to read as
     2  follows:
     3    § 5. Executive records. 1. The governor shall cause to be kept in  the
     4  executive chamber or in the appropriate state office:
     5    [1.] a. Journals of the daily transactions of his or her office.
     6    [2.]  b.  Registers,  containing  classified statements of such trans-
     7  actions.
     8    [3.] c. Separate registers containing  classified  statements  of  all
     9  applications for pardon, commutation or other executive clemency, and of
    10  his or her action thereon.
    11    [4.]  d. An account of his or her official expenses and disbursements,
    12  including the incidental expenses of his or her department.
    13    [5.] e. Files of all official  records  upon  which  applications  for
    14  executive  clemency  are founded; of statements made by judges to him or
    15  her; of sentences to death and of the testimony in capital cases; and of
    16  such other papers relating to the transactions of his or her  office  as
    17  are deemed by him or her of sufficient value for preservation.
    18    2.  The governor shall cause and direct that all records of the execu-
    19  tive chamber, as well as  executive  departments,  agencies,  divisions,
    20  offices and commissions, be retained for a minimum of two years. For the
    21  purposes  of this subdivision, "records" shall include all paper records
    22  and electronic records, including  electronic  mail  communications,  as
    23  well as all electronic data including all forms of electronic metadata.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13035-02-1
        S. 7334                             2

     1    3. In the event litigation is reasonably anticipated against the exec-
     2  utive chamber or any executive branch departments, divisions, offices or
     3  commissions, the executive chamber shall have a duty to cause and direct
     4  that  all  records  reasonably related to such anticipated litigation be
     5  retained  for at least five years or until two years after litigation is
     6  no longer reasonably anticipated, whichever is later. For  the  purposes
     7  of this subdivision, "records" shall include all paper records and elec-
     8  tronic  records,  as  well as all electronic data including all forms of
     9  electronic metadata. For  purposes  of  this  subdivision,  "anticipated
    10  litigation"  shall  include civil matters, criminal matters, impeachment
    11  matters and investigations by law enforcement or legislative bodies.
    12    § 2. This act shall take effect immediately.