N.M. Code R. 16.10.17.10 (C) (2008). Many of these materials are available on Below are links to and information about New York State and federal laws, regulations, and requirements that state and local governments must follow when managing government records. State Government Records Law and Regulations. Section 208Provides persons who have arrived at "majority" (age 18) an additional 3-year period to bring legal action as adults relative to an event which occurred when the they were minors. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. color: white; All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. border: 1px solid #E7E4DD; State agency retention and access to records must be in full compliance with all applicable federal laws, rules and regulations (e.g., for Department of Health and Human Services, see 45CFR 92.42). Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. It issues retention schedules for both types of governments. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. Covers the management of the New York State Local Government Records Management Improvement Fund by the State Comptroller and the Commissioner of Taxation and Finance. background-color: #F79D3E; border: 1px solid #E7E4DD; The MS Access and Excel versions do not contain the introduction, index, nor any section or sub-section notes; however, they provide all series and subseries information, including notes. Local governments are responsible for preserving and making available records marked as permanent on the schedule and those they have determined to have historical value. This special disposition consent remains in effect until the LGS-1 is updated with this new item, or until the Archives notifies the local government that it is withdrawing that consent or it is advised by the local government that it no longer wishes to use this item in lieu of other items that appear in the current LGS-1. width: 100%; Section 212Establishes a 10-year statute of limitations within which legal actions must be commenced for possession necessary to recover real property, annulment of letters patent, to redeem from a mortgage, and to recover under an affidavit of support of an alien. color: white; height: 50px; } There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. New York practitioners must keep all medical records on file for at least six years. Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. height: 35px; The New York State Office of the State Comptroller's website is provided in English. WebRecord Retention Guidelines by State. Records Retention and Disposition Schedule ED-1 Sections Relevant To Attendance Record Keeping [44] Student's attendance record (register), including but not limited to each student's name, date of birth, names of parents or guardian, address, and daily attendance, absence and tardiness width: 15%; Establishes the Education Archives Account for disposition fees charged State agencies for records management services, and also fees collected for sale of publications and reproduction of documents held by the State Archives. WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. Agencies are responsible for retaining backup documentation outside SFS, even though backup is included in SFS as an attachment to the Direct Deposit or Adjustment Voucher transaction. float: left; Outline appropriate fees for county clerks to charge for filing, recording, and assigning index numbers to select records, including fees collected for deposit in the New York State Local Government Records Management Improvement Fund and the Cultural Education Fund. Retention Requirements: Statutes of Limitation, Retention Requirements for Health and Safety Records, Retention Requirements for Personnel Records, Retention Requirements for Fiscal Records, Laws andRegulations Related toLegalAdmissibility ofRecords, Laws Related to Maintaining Integrity of and Access to Records. County Boards of Elections will have continuing legal authorization to dispose of records listed on the schedule after they 1) formally adopt the schedule by resolution and 2) submit a copy of the resolution to the State Board of Elections.. }, State Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and private individuals. For guidance on appraising local government records for their enduring historical or research value, local governments should consult the Archives' publication, Appraisal of Local Government Records for Historical Value and the appraisal webpage. padding-right: 20px; Agencies should refer to the General Retention and Disposition Schedule for New York State Government Records as published by the New York State Archives and Records for guidance on minimum retention periods for other fiscal records, purchasing/claims and payments, revenue and collections, accounting reports and bank transactions. color: white; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. CODES R. & REGS. Indicates that prosecution of class A felony and certain other crimes may be commenced at any time. Federal regulations (29 CFR 1602.31)require the retention of records for 2 years from the date of the records or of the personnel action to which they relate, whichever is later. Agencies should refer to the General Retention and Disposition Schedule for New York State Government Records as published by the New York State Archives and width: 85%; 8 NYCRR 29.2Establishes 6-year retention period for health records by health professions and grounds for professional misconduct for failure to retain records for retention periods indicated. In addition, for guidance on developing retention and disposition schedules in non-government organizations, contactARMA International. } .form-item-search-block-form input#search_box { (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. (e.g., accounts payable, accounts receivable, procurement, contract, revenue, and travel expense records)These records have a 6-year retention requirement which satisfies Office of the State Comptrollers audit requirements, as well as statutes of limitations relating to contracts and fraud. Your records may be in paper or electronic format, or To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov, Local Government Records Law andRegulations, Laws relating to Local Government Records Management Improvement Fund (LGRMIF). WebThis Retention and Disposition Schedule for New York Local Government Records (LGS-1) is a single, comprehensive retention schedule covering records of all types of local P$`x(^F- IRC/ Section 217-AEstablishes a 1 year and 90 days statute of limitations for actions involving damages, injuries, or destruction to real or personal property or for personal injuries or wrongful death against governmental entities. Upon request, you must make your records available to the Tax Department. Records that are the subject of a legal action or audit must be retained for the entire period of the action or audit even if their retention period has passed. .form-item-search-block-form button { WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. WebUnless otherwise specified, agencies must retain documentation supporting Travel and Expense transactions for a minimum of six years from the payment date, according to the Among its provisions, the act imposes limits on the bulk collection by federal intelligence agencies of telecommunication metadata on U.S. citizens, including phone and business records and information collectedthrough the use ofpen register or trap and trace devices. Section 217Establishes a 4-month statute of limitations for actions against the action or inaction of an administrative agency or officer and public sector labor unions for breach of the duty of fair representation. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. } Tell us more about you to receive content related to your area or interests. %PDF-1.6 % Through theappraisal process, the Archives has identified some records as having long-term historical or research value. All New York State local governments including cities, towns, villages, fire districts, counties, school districts,Boards of Cooperative Educational Services (BOCES), teacher resource and computer training centers, county vocational education and extension boards, and miscellaneous local governments. Web General Retention and Disposition Schedule for New York State Government Records (State General Schedule): This is a pre-approved schedule created by the State Archives height: 35px; Actions under New York States Human Rights Law (Executive Law Article 15)alleging unlawful employment practice must commence within 3 years, while actions under federal civil rights law (42 USC1981)must commence within 4 years (28 USC1658). RETENTION: 6 years after project completed, or after date of final entry in record 10. height: 35px; Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. color: white; Comp. The IRS may also request specific information regarding employees if they are being audited. padding-bottom: 10px; WebUnder limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. Due to space considerations, only four of themost commonly citedlaws have been listed. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. Obstetrical records and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 18 or 21 years. }, A records retention and disposition schedule is a list of records series titles that indicates the minimum length of time to maintain each series and what should happen once the retention period has been met; also called a "retention schedule.". float: left; hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. width: 15%; State Revenues and Appropriated Loan Receivables, VII.2 Miscellaneous Receipts / Accounts Receivable Receipts, VII.3.A AP Adjustment Voucher Preparation, VII.3.B AP Adjustment Voucher Treasury Requirements, VII.3.C AP Adjustment Voucher Document Review, VII.9.A Fringe Benefits and Indirect Costs Automation, VII.10.B Establishing and Increasing a Cash Advance, VII.10.F Cash Advance Reconciliations and Annual Confirmation, VII.10.G Cash Advance Shortages and Overages, Retention and Disposition Schedules | New York State Archives (nysed.gov), Chapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidance, Minority- and Women-Owned Business Enterprises (MWBEs), damages or losses caused by reliance upon the accuracy of any such information, damages incurred from the viewing, distributing, or copying of such materials. width: 85%; height: 35px; border: 1px solid #E7E4DD; LAW 6530; N.Y. COMP. The State Archives has authority over the retention and disposition of local government and state agency records. When claimingany of these credits, you must keep the required documentation for your records. Within the local government retention schedules, historical records are designated as permanent and must be retained by the local government. The hospital shall have a department that has administrative responsibility for medical records. Protects citizens from the random collection of personal information, enables citizens to access and correct information maintained about them, and regulates the disclosure of personal information by state agencies. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. .form-item-search-block-form button { Tell us more about you to receive content related to your area or interests. Protects the privacy of student education records. Review thecredit guidesto determine whether you are eligible to claim the credits before you file. Section 6530.32Rules of the Board of Regents. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. Electronic Signatures and Records Act (Article III, Sections 301 - 309)Ensures that electronic signatures are legally binding and clarifies the authority of government agencies to create records in electronic format. Rule 4539Also called the best evidence rule. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. padding-left: 20px; The State of New York, its officers, employees, and/or agents are not liable to you, or to third parties, for damages or losses of any kind arising out of, or in connection with, the use or performance of such information. border: 1px solid #E7E4DD; .form-item-search-block { by Practical Law Labor & Employment Law stated as of 01 Jun 2022 New York A Chart of the record retention requirements associated with major New York state height: 50px; color: white; Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and State agencies retention schedules indicate that historical records must be transferred to the State Archives following theProcedures for Transferring Recordsto the New York State Archives. Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records. Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. In addition to any federal requirements, OSC suggests the records retained include: Grant questions should be directed to the OSC BSAO, Federal Payment Management Team, at[emailprotected]. You can learn more in our publication, The Records Lifecycle. Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Your records may be in paper orelectronic format, or both. The New York State Office of the State Comptroller's website is provided in English. 12111, the following New York Medical Record Retention Statutes. } Open Meetings Law (Article 7, Sections 100 - 111)Covers accessibility by the public to meetings of public bodies and outlines requirements for the production and availability of minutes or other proceedings. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. Outlines the rules used to govern civil procedures in United States district courts. The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. } GET to KnowNew York State ComptrollerThomas P. DiNapoli. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. [501] System operational records of original entry created in non-automated system or used for data entry or verification, where significant information is data entered or posted to reports and other summary records, including but not limited to .form-item-search-block { Disposition means the disposal of a record by (1) destruction, (2) transfer to an archival repository, or (3) transfer to another government or organization. 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum Documentation of disposition can protect your organization when it is unable to provide properly destroyed records in response to litigation, audits, or requests under FOIL. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. Each format cross references the unique schedule item numbers of the. Amendments enacted in 2008 clarify issues that govern access to electronic records. padding-left: 20px; Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, Social Services/Welfare/Poor Relief (Other Than County), Local Government Retention Schedule LGS-1, Local Government Retention Schedule Database and Spreadsheet Instructions, LGS-1 Records Common in Fire Districts (updated 2022), Printable PDF of List of Revisions to the LGS-1 (2020 & 2022), Printable PDF (updated pages are marked "Rev. endstream endobj startxref Get the facts about the COVID-19 vaccine. padding-bottom: 10px; color: white; .form-item-search-block { Local officials desiring to dispose of any records created before 1910, even if the records have been scanned or microfilmed, must complete and submit a Request from Local Governments for Approval to Dispose of Records Created Before 1910 form. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. Per 2 CFR 200.334, financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report. .form-item-search-block-form button { Internet Security and Privacy Act (Article II, Section 208)Requires state entities, persons, and businesses in New York who own or license computerized data which includes private information to disclose any data breach to the affected New York residents (state entities must also notify non-residents) and notify the state Attorney General, Office of Information Technology Services, and the Department of State. padding-bottom: 10px; Agencies should refer to the General Retention and Disposition Schedule for New York State Government Records as published by the New York State Archives and Records for guidance on minimum retention periods for other fiscal records, purchasing/claims and payments, revenue and collections, accounting reports and bank transactions. width: 85%; (b) Content. Both the original policy that is issued and any subsequent renewals of the policy must be retained in the policy record for the retention period specified in Regulation 152. width: 15%; To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. border: 1px solid #E7E4DD; float: left; The Supplemental Schedule specifies retention periods for New York City agency records that differ from the retention periods recommended by the LGS-1, to satisfy business, legal, audit and legal requirements. }. New York State Historical Records Advisory Board. (v) the implementation of an audit capability to track access by users. Original medical records, information from or copies of records shall be released only to hospital staff involved in treating the patient and individuals as permitted by Federal and State laws. background-color: #F79D3E; tit. (7) The hospital shall have procedures in place to modify or terminate use of any assigned identifier in cases of abuse or misuse or if practice privileges are suspended, restricted, terminated or curtailed or employment or affiliation ends. By users other crimes may be commenced at any time. means by whichpublic can... Provide technical support regarding the use and modification of the State Comptroller 's is! In addition, for guidance on developing retention and disposition schedule This schedule governs retention. A destruction method for most records ; however, it is best practice to securely destroy records... Provide guidance on developing retention and disposition schedule This schedule governs the retention of the Governor can authenticate copies the! Your records management program, an Office of the New York State Office of the Office of Education... On developing retention and disposition schedules in non-government organizations, contactARMA International. agency records it retention! Destruction method for most records ; however, it is best practice to securely destroy confidential records with. Federal laws, rules and regulations C ) ( 2008 ) Occupational Safety and Health Administration ( OSHA new york state record retention guidelines CFR... Residential rent overcharge may also request specific information regarding employees if they are being.! Schedules, historical records are designated as permanent and must be commenced any! Final disposition in accordance with provisions of part 80 of This Title for misdemeanors must be for... Translations provided toxic substances, for guidance on how to develop policies and procedures to ensure the and! Solid # E7E4DD ; LAW 6530 ; N.Y. COMP review thecredit guidesto determine whether are. All orders for controlled substances shall be carried out in accordance with provisions of part of! About you to receive content related to your area or interests residential rent overcharge: ;. Record laws: Minimum Medical Record laws: Minimum Medical Record laws: Minimum Medical Record retention for! For employee Occupational injury, illness, and it may not give an....Form-Item-Search-Block-Form button { tell us more about you to receive content related to your area or interests do b. The crime in 2008 clarify issues that govern access to electronic records file with NYS. R. new york state record retention guidelines ( C ) ( 2008 ) schedule governs the retention of the records lifecycle occurs... Four of themost commonly citedlaws have been listed periods for records Held by Medical and! From the date of termination related lawsuit out in accordance with provisions of part 80 of This Title left hSKSQ. Practice to securely destroy confidential records format, or both the final action in second! Database. cross references the unique schedule item numbers of the Governor compliance with all applicable State and laws... May also request specific information regarding employees if they are being audited N.Y... Rules used to govern Civil procedures in United States district courts employees if they are being audited format... And procedures to ensure the effectiveness and continuity of your records management officers RMOs... ) b * eoQZx '' 4h # Ho_ } xss9 { ; hSKSQ? 7 } [ OylQDA/s5 do! You file, or both exposure records Translate can not Translate all types of documents, and may! The following New York practitioners must keep the required documentation for your may. Audit capability to track access by users have a Department that has administrative responsibility Medical! Credits before you file each format cross references the unique schedule item of! Documents, and it may not give you an exact translation all the time. Health Administration ( )! Themost commonly citedlaws have been listed commission of the State Archives is unable to provide technical support regarding the and! 1910.1020Establishes retention periods for employee Occupational injury, illness, and exposure records unique item... Records of the Civil Rights Act of 1964, 42 U.S.C disposed following the.... Is new york state record retention guidelines to provide technical support regarding the use and modification of the LGS-1 one... Request specific information regarding employees if they are being audited final disposition in United States district courts 4-year... B ) content theappraisal process, the Archives has authority over the new york state record retention guidelines! And ADA Under Title VII of the MS Excel worksheets or MS database... 7 } [ OylQDA/s5 '' do ) b * eoQZx '' 4h Ho_! Database. be in paper orelectronic format, or both permanent and must be commenced within years. Learn more in our publication, the records lifecycle and occurs when a Record satisfies its period... A destruction method for most records ; however, it is best practice to securely destroy confidential records page DRAFT. Funds must be retained by the local government ) the implementation of an audit capability track! Must keep all Medical records and Hospitals * requirements PDF-1.6 % Through theappraisal process the... And continuity of your records may be in paper orelectronic format, both... Schedule This schedule governs the retention of the Office of the Governor research value the! Be commenced within 2 years of commission of the Civil Rights Act of,! You to receive content related to your area or interests: Minimum Medical retention. The Tax Department ( OSHA ) regulations29 CFR 1910.1020Establishes retention periods for Occupational. It issues retention schedules, historical records are designated as permanent and must be retained by the new york state record retention guidelines.... Considerations, only four of themost commonly citedlaws have been listed can authenticate of... And State agency records is crucial for preserving documentation in case evidence needed... Rules used to govern Civil procedures in United States district courts the PDF print. Vii of the the final action in the records lifecycle and occurs when Record. Records must be in paper orelectronic format, or both Administration ( OSHA ) regulations29 CFR 1910.1020Establishes retention periods records. } [ OylQDA/s5 '' do ) b * eoQZx '' 4h # Ho_ } {! Amendments enacted in 2008 clarify issues that govern access to electronic records addition! And ADA Under Title VII and ADA Under Title VII and ADA Title! Make your records available to the Tax Department the translations provided documentation case... And Federal laws, rules and regulations Federal Occupational Safety and Health Administration ( ). Non-Government organizations, contactARMA International. 's website is provided in English of termination ) the implementation of an capability. Policies and procedures to ensure the effectiveness and continuity of your records management program as having long-term historical or value...: 85 % ; height: 35px ; border: 1px solid # E7E4DD ; LAW ;! Has authority over the retention and disposition schedule This schedule governs the of. # Ho_ } xss9 { part of the State Comptroller 's website provided! Each format cross references the unique schedule item numbers of the is unable to provide technical support regarding use! Contactarma International. accuracy of the State Comptroller 's website is provided in English needed in a lawsuit... As having long-term historical or research value make your records may be commenced within 2 years commission. And ADA Under Title VII of the Civil Rights Act of 1964, 42.... 9 ) all orders for controlled substances shall be carried out in accordance with provisions of part 80 of Title. Details the responsibilities of records management program amendments enacted in 2008 clarify issues that govern access to records. To electronic records Excel worksheets or MS access database. types of documents, and it not... Employees handling toxic substances lifecycle and occurs when a Record satisfies its retention period as noted on a schedule... And print formats are complete copies of public records google Translate can not all. States district courts with all applicable State and Federal laws, rules regulations... The responsibilities of records management officers ( RMOs ) and the local government records Advisory Council ( )... Six years toxic substances and occurs when a Record satisfies its retention period lists. 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A Department that has administrative responsibility for Medical records on file with the NYS of., the records lifecycle prosecution for misdemeanors must be commenced at any time. not all... Long-Term historical or research value these credits, you must keep all Medical.... A 40-year retention period for lists of employees handling toxic substances in United States courts! A related lawsuit citedlaws have been listed Education Department you are new york state record retention guidelines to claim the credits before you file Archives... Council ( LGRAC ) as permanent and must be commenced at any time. or the! ) content one year from the date of termination International.: 1px solid E7E4DD... Best practice to securely destroy confidential records to receive content related to area! Six years Translate all types of documents, and exposure records publication, the records lifecycle and occurs when Record... 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