BILL NUMBER: S4260

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the preservation of
electronic mail

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires state and municipal employees to maintain a record of all elec-
tronic mail for a period of seven years from the date it was created

 
SUMMARY OF PROVISIONS:

The executive law is amended by adding a new section 166-a to read as
follows: Preservation of electronic mail. Notwithstanding any inconsist-
ent provision of law, general, special or local, any employee of the
state or any municipal subdivision thereof or any department, bureau,
board, commission, authority or any other agency or instrumentality of
the state or any municipal subdivision thereof shall be required to keep
a record of all electronic mail for a period of seven years from the
              

date of creation.

 
JUSTIFICATION:

The premature destruction of electronic mail by government employees or
entities could hinder the ability of auditors and investigators to
determine if public tax dollars are being used properly and honest
government services are being rendered. The bill supports and enhances
the public's right to know by creating a lasting record of emails sent
by public officials and others working in our government.  Further, such
a record could contain meaningful information relating to causes of
action that the people of the state may bring against government enti-
ties.

 
PRIOR LEGISLATIVE HISTORY:

2022: A.3569 - Referred to governmental operations

2021: A.3569 - Referred to governmental operations

2020: A.3859 - Referred to governmental operations.

2019: A.3859 -Referred to governmental operations.

2018: A.10966 - Referred to governmental operations.

2017: A.1872 - Referred to governmental operations.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.