S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7334
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Section  5  of  the  executive  law is amended to read as
 follows:
   § 5. Executive records. 1. The governor shall cause to be kept in  the
 executive chamber or in the appropriate state office:
   [1.] A. Journals of the daily transactions of his OR HER office.
   [2.]  B.  Registers,  containing  classified statements of such trans-
 actions.
   [3.] C. Separate registers containing  classified  statements  of  all
 applications for pardon, commutation or other executive clemency, and of
 his OR HER action thereon.
   [4.]  D. An account of his OR HER official expenses and disbursements,
 including the incidental expenses of his OR HER department.
   [5.] E. Files of all official  records  upon  which  applications  for
 executive  clemency  are founded; of statements made by judges to him OR
 HER; of sentences to death and of the testimony in capital cases; and of
 such other papers relating to the transactions of his OR HER  office  as
 are deemed by him OR HER of sufficient value for preservation.
   2.  THE GOVERNOR SHALL CAUSE AND DIRECT THAT ALL RECORDS OF THE EXECU-
 TIVE CHAMBER, AS WELL AS  EXECUTIVE  DEPARTMENTS,  AGENCIES,  DIVISIONS,
 OFFICES AND COMMISSIONS, BE RETAINED FOR A MINIMUM OF TWO YEARS. FOR THE
 PURPOSES  OF THIS SUBDIVISION, "RECORDS" SHALL INCLUDE ALL PAPER RECORDS
 AND ELECTRONIC RECORDS, INCLUDING  ELECTRONIC  MAIL  COMMUNICATIONS,  AS
 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
 
   3. IN THE EVENT LITIGATION IS REASONABLY ANTICIPATED AGAINST THE EXEC-
 UTIVE CHAMBER OR ANY EXECUTIVE BRANCH DEPARTMENTS, DIVISIONS, OFFICES OR
 COMMISSIONS, THE EXECUTIVE CHAMBER 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. FOR  THE  PURPOSES
 OF THIS SUBDIVISION, "RECORDS" SHALL INCLUDE ALL PAPER RECORDS AND ELEC-
 TRONIC  RECORDS,  AS  WELL AS ALL ELECTRONIC DATA INCLUDING ALL FORMS OF
 ELECTRONIC METADATA. FOR  PURPOSES  OF  THIS  SUBDIVISION,  "ANTICIPATED
 LITIGATION"  SHALL  INCLUDE CIVIL MATTERS, CRIMINAL MATTERS, IMPEACHMENT
 MATTERS AND INVESTIGATIONS BY LAW ENFORCEMENT OR LEGISLATIVE BODIES.
   § 2. This act shall take effect immediately.