NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6119
SPONSOR: McLaughlin 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 SPECIFIC 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:
New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6119
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. McLAUGHLIN -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the preservation of
electronic mail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 166-a
2 to read as follows:
3 § 166-a. Preservation of electronic mail. Notwithstanding any incon-
4 sistent provision of law, general, special or local, any employee of the
5 state or any municipal subdivision thereof or any department, bureau,
6 board, commission, authority or any other agency or instrumentality of
7 the state or any municipal subdivision thereof shall be required to keep
8 a record of all electronic mail for a period of seven years from the
9 date of creation.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09681-02-5
