Bill Text: NY A08397 | 2021-2022 | General Assembly | Introduced

---

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 1-0)

Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A08397 Detail]

Download: New_York-2021-A08397-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8397

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced by M. of A. LAWLER -- read once and referred to the Committee
          on Governmental Operations

        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.
    24    3. In the event litigation is reasonably anticipated against the exec-
    25  utive chamber or any executive branch departments, divisions, offices or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13035-02-1
        A. 8397                             2

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