Bill > S02222

This bill addresses electronic records retention and government transparency by establishing new standards for preserving state electronic records, particularly emails from policymakers. The legislation requires state agencies and the legislature to maintain electronic records for specified periods, with policy makers' emails to be permanently preserved and transferred to the State Archives between 15 and 25 years after creation, while other officials' emails must be retained for at least seven years. The bill removes the legislature's previous exemption from the Freedom of Information Law (FOIL), subjecting legislative records to the same disclosure requirements as executive branch and municipal agencies. It also mandates that the State Archives develop a protocol for electronic record preservation, including processes for categorizing emails and identifying historically important records. Additionally, the bill allows aggrieved persons to enforce these provisions through legal action and provides for potential court-mandated training and attorney's fees if agencies fail to comply. The underlying intent is to promote government accountability by ensuring that electronic communications are preserved and potentially accessible, preventing the automatic deletion of potentially important government records and increasing transparency across state government branches.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S2222