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S06846 Summary:

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S06846 Floor Votes:

S06846 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6846                                                  A. 9928
 
                SENATE - ASSEMBLY
 
                                    February 12, 2010
                                       ___________
 
        IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Finance
 
        IN ASSEMBLY -- Introduced by M. of A. HOYT, McENENY, MAGEE, SCHIMMINGER,
          KAVANAGH  --  Multi-Sponsored  by  --  M. of A. GALEF -- read once and
          referred to the Committee on Governmental Operations
 

        AN ACT to amend the executive law, in relation to  the  records  of  the
          governor  and  executive chamber and the arts and cultural affairs law
          in relation to establishing record  keeping  policies  and  procedures
          relating  to certain records of the legislature and civil departments;
          and to repeal section 5 of the executive 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  Section  5  of  the  executive  law is REPEALED and a new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, regardless of physical form  or  characteristics,
    15  created  or  received  by the governor, his or her immediate staff, or a
    16  unit or individual in the executive chamber whose function is to  advise

    17  and  assist  the  governor,  in  the  course  of transacting business or
    18  conducting activities which relate to or have an effect upon the  carry-
    19  ing out of the constitutional, statutory, administrative, or other offi-
    20  cial  or  ceremonial duties of the governor.  Such records include docu-
    21  mentary materials relating to political activities of the governor or  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15412-01-0
        S. 6846                             2                            A. 9928
 
     1  member  of  the  staff,  but only if such activities relate to or have a

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

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

    24  administered  in  accordance  with the provisions of this section and of
    25  section 57.05 of the arts and cultural affairs law.
    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 categorized as governor's records;

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

    46  transferred to the state archives during or at the end of a gubernatori-
    47  al administration consistent with the provisions of section 57.05 of the
    48  arts and cultural affairs law  and  records  retention  and  disposition
    49  schedules promulgated pursuant to such law.
    50    5. Upon completion of a term of office or if serving consecutive terms
    51  upon  conclusion  of  the  last  term,  the  state archives shall assume
    52  responsibility for custody, control, and preservation of, and access to,
    53  governor's records. The state archives shall have an affirmative duty to
    54  make sure such records are available to the public as rapidly as  possi-
    55  ble, consistent with the provisions of this section.

        S. 6846                             3                            A. 9928
 
     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 consistent with the provisions of section 57.05

    11  of the arts and cultural affairs law.
    12    8. Records transferred to the state  archives  shall  be  administered
    13  pursuant  to  the  provisions of article six of the public officers law,
    14  except that prior to the conclusions of  term  or  terms  of  office,  a
    15  governor  may  specify  durations,  not to exceed fifteen years from the
    16  last day of the governor's term in office, for  which  access  shall  be
    17  restricted  with  respect to information in governor's records in one or
    18  more of the following categories:
    19    a. relating to appointment to state office; and
    20    b. exempted from disclosure pursuant to the public officers law.
    21    9. During the period of restricted access, the archivist shall  estab-

    22  lish  procedures  whereby any person denied access may request a written
    23  determination by  the  archivist  or  designee  within  thirty  days  of
    24  request, setting forth the basis for the determination.
    25    10. The following shall be excepted from restrictions on access:
    26    a.  employees  of the state archives in the performance of normal work
    27  to administer the records;
    28    b. former governors or their designees for records relating  to  their
    29  terms of office;
    30    c.  subject  to any rights, defenses, or privileges which an agency or
    31  individual may invoke, governor's records shall be made available:
    32    (1) pursuant to subpoena or other judicial process issued by  a  court

    33  of  competent  jurisdiction  for  the  purposes of any civil or criminal
    34  investigation or proceeding;
    35    (2) to an incumbent governor if such records contain information  that
    36  is  needed for the conduct of current business of the office and that is
    37  not otherwise available; and
    38    (3) to either house of the state legislature, to the extent of  matter
    39  within  its  jurisdiction,  if  such records contain information that is
    40  needed for the conduct of current business and is not  otherwise  avail-
    41  able.
    42    11. Upon the death or disability of a governor or former governor, any
    43  discretion  or  authority  the  governor or former governor may have had
    44  under this section shall be exercised by 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.  Subdivision 4 of section 57.05 of the arts and cultural affairs
    48  law is amended to read as follows:
    49    4. (a) Except as otherwise provided by law, the state  archives  shall
    50  acquire  and assume the official custody and responsibility for preserv-
    51  ing and making available for reference and use those official records of
    52  the legislature, the judiciary and the civil departments  of  the  state
    53  government which are deemed to have sufficient historical value or other
    54  value to warrant their continued preservation by the state.
        S. 6846                             4                            A. 9928
 

     1    (b)  Except  as  otherwise  provided  by law, the state archives shall
     2  assist the legislature and civil departments of the state government  to
     3  establish recordkeeping policies and procedures to ensure that:
     4    (1)  records and recordkeeping systems are created to provide complete
     5  and comprehensive documentary evidence of  the  significant  activities,
     6  deliberations, decisions, and development and implementation of policies
     7  that reflect the performance of constitutional, statutory, and the offi-
     8  cial  and  ceremonial duties of the legislature and civil departments of
     9  the state government;
    10    (2) records and recordkeeping systems remain usable and accessible  as
    11  long as needed for business or research purposes;

    12    (3)  records  and  recordkeeping  systems  are  evaluated by the state
    13  archives in order to ensure that records are retained for the length  of
    14  time  necessary  to  meet, legal, fiscal and administrative needs and to
    15  conform with any legal mandates; to ensure  that  recordkeeping  systems
    16  maintain  records  in  usable  and  accessible form; and to identify and
    17  protect records that have enduring research value and warrant  preserva-
    18  tion in the state archives.
    19    § 3. This act shall take effect immediately.