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S00738 Summary:

S00738 Actions:

S00738 Floor Votes:

S00738 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         738--A
            Cal. No. 75
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2009
                                       ___________
 
        Introduced  by  Sens.  BRESLIN, ADAMS -- read twice and ordered printed,
          and when printed to be  committed  to  the  Committee  on  Finance  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to

          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT  to  amend  the executive law, in relation to the records of the
          governor and executive chamber and to repeal section 5 of  the  execu-
          tive law relating thereto
 
          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 Section 5 of the  executive  law  is  REPEALED  and  a  new
     2  section 5 is added to read as follows:
     3    §  5. Governor and executive chamber records. 1. Records of the gover-
     4  nor and the executive chamber staff are of  special  importance  to  the
     5  government  and citizens of New York state, because the records document

     6  the activities and decisions of state government's chief executive offi-
     7  cer. Many records of the governor and the executive chamber staff are of
     8  enduring value and warrant archival preservation  because  such  records
     9  contain  documentary  evidence about significant policies, programs, and
    10  decisions made or instituted by the governor.
    11    2. As used in this section:
    12    a. The term "governor's records" means all correspondence,  memoranda,
    13  reports, proposals, or other documentary materials or reasonably segreg-
    14  able  portions  thereof, created or received by the governor, his or her
    15  immediate staff, or a unit or individual in the executive chamber  whose
    16  function  is  to advise and assist the governor, in the course of trans-

    17  acting business or conducting activities which  relate  to  or  have  an
    18  effect  upon the carrying out of the constitutional, statutory, adminis-
    19  trative, or other official or ceremonial duties of the governor.    Such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02853-03-9
        S. 738--A                           2
 
     1  records  include  documentary materials relating to political activities
     2  of the governor or a member of the staff, but only  if  such  activities
     3  relate  to or have a direct impact upon the constitutional, statutory or

     4  other official or ceremonial duties of the governor and does not include
     5  documentary  materials  that are (i) official records of an agency; (ii)
     6  personal records; (iii) stocks of publications, forms,  and  stationery;
     7  (iv)  extra  copies of documents produced only for convenience of refer-
     8  ence; and (v) library or museum material made  or  acquired  solely  for
     9  reference and exhibition purposes.
    10    b.  The  term  "personal  records"  means all documentary materials or
    11  reasonably segregable portions thereof, of a purely private or nonpublic
    12  character which do not relate to or have an effect upon the carrying out
    13  of the constitutional, statutory, or other official or ceremonial duties

    14  of the governor including personal diaries, journals and notes;  materi-
    15  als  relating  to private political associations; and materials relating
    16  exclusively to the governor's own election to the office of governor and
    17  materials relating directly to the election of individuals  to  federal,
    18  state or local office.
    19    c.  The  term  "former governor", when used with respect to governor's
    20  records, means the former governor during whose term or terms of  office
    21  such records were created.
    22    d.  The  term "archivist" shall mean the head of the state archives in
    23  the state education department.
    24    3. Governor's records are owned by the state of New York and shall  be
    25  administered in accordance with the provisions of this section.

    26    4. The governor and his or her executive chamber staff shall establish
    27  recordkeeping policies and procedures to assure that:
    28    a.  records  and recordkeeping systems are created to provide complete
    29  and comprehensive documentary evidence of  the  significant  activities,
    30  deliberations, decisions, and development and implementation of policies
    31  that reflect the performance of constitutional, statutory, and the offi-
    32  cial and ceremonial duties of the governor;
    33    b.  documentary  materials  produced  or  received by the governor and
    34  executive chamber staff are, to the extent practicable,  categorized  as
    35  governor's  records or personal records upon creation or receipt and are
    36  filed separately to reflect  status  as  either  governor's  records  or

    37  personal papers;
    38    c.  records  and recordkeeping systems remain usable and accessible as
    39  long as needed for business or research purposes;
    40    d. records and  recordkeeping  systems  are  evaluated  by  the  state
    41  archives  in order to ensure that records are retained for the length of
    42  time necessary to meet legal, fiscal, and administrative  needs  and  to
    43  conform  with  any  legal mandates; to ensure that recordkeeping systems
    44  maintain records in usable and accessible  form;  and  to  identify  and
    45  protect  records that have enduring research value and warrant preserva-
    46  tion in the state archives; and
    47    e. records identified  by  the  state  archives  as  having  enduring,

    48  evidential,  informational,  historical,  or  other  research  value are
    49  transferred to the state archives during or at the end of a gubernatori-
    50  al administration.
    51    5. Upon completion of a term of office or if serving consecutive terms
    52  upon conclusion of the  last  term,  the  state  archives  shall  assume
    53  responsibility for custody, control, and preservation of, and access to,
    54  governor's records. The state archives shall have an affirmative duty to
    55  make  sure such records are available to the public as rapidly as possi-
    56  ble, consistent with the provisions of this section.
        S. 738--A                           3
 
     1    6. The state archivist may deposit such records in a repository  other

     2  than the state archives provided that the state of New York shall retain
     3  ownership  and  the  archivist has ascertained that the repository meets
     4  generally accepted standards and follows accepted practices for archival
     5  administration,  that the records are available for public access pursu-
     6  ant to the provisions of this section,  and  that  the  records  may  be
     7  returned  to  the  state archives if the repository is unable to provide
     8  acceptable conditions.
     9    7. The state archivist may dispose of records that are  deemed  of  no
    10  further research value.
    11    8.  Records  transferred  to  the state archives shall be administered
    12  pursuant to the provisions of article six of the  public  officers  law,

    13  except  that  prior  to  the  conclusions  of term or terms of office, a
    14  governor may specify durations, not to exceed fifteen years,  for  which
    15  access  shall  be  restricted  with respect to information in governor's
    16  records in one or more of the following categories:
    17    a. relating to appointment to state office; and
    18    b. exempted from disclosure pursuant to the public officers law.
    19    9. During the period of restricted access, the archivist shall  estab-
    20  lish  procedures  whereby any person denied access may request a written
    21  determination by  the  archivist  or  designee  within  thirty  days  of
    22  request, setting forth the basis for the determination.
    23    10. The following shall be excepted from restrictions on access:

    24    a.  employees  of the state archives in the performance of normal work
    25  to administer the records;
    26    b. former governors or their designees for records relating  to  their
    27  terms of office;
    28    c.  subject  to any rights, defenses, or privileges which an agency or
    29  individual may invoke, governor's records shall be made available:
    30    (1) pursuant to subpoena or other judicial process issued by  a  court
    31  of  competent  jurisdiction  for  the  purposes of any civil or criminal
    32  investigation or proceeding;
    33    (2) to an incumbent governor if such records contain information  that
    34  is  needed for the conduct of current business of the office and that is
    35  not otherwise available; and

    36    (3) to either house of the state legislature, to the extent of  matter
    37  within  its  jurisdiction,  if  such records contain information that is
    38  needed for the conduct of current business and is not  otherwise  avail-
    39  able.
    40    11. Upon the death or disability of a governor or former governor, any
    41  discretion  or  authority  the  governor or former governor may have had
    42  under this section shall be exercised by the archivist unless  otherwise
    43  previously  provided  by  the  governor  or former governor in a written
    44  notice to the archivist.
    45    12. Lieutenant governor's records shall be subject to  the  provisions
    46  of this section in the same manner as governor's records.
    47    § 2. This act shall take effect immediately.