S T A T E O F N E W Y O R K
________________________________________________________________________
4538
2023-2024 Regular Sessions
I N A S S E M B L Y
February 16, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to the disposal of
certain information or data maintained by agencies of government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 86 of the public officers law is amended by adding
three new subdivisions 12, 13 and 14 to read as follows:
12. "DATA BASE" MEANS A SET OF DATA, CONSISTING OF MORE THAN ONE DATA
FILE, THAT IS COLLECTED AND STORED FOR A GIVEN PURPOSE.
13. "DATA FILE" MEANS AN ELECTRONIC RECORD CONSISTING OF RELATED
NUMERIC, TEXTUAL OR GRAPHIC INFORMATION THAT IS ORGANIZED IN A STRICTLY
PRESCRIBED FORM AND FORMAT.
14. "ELECTRONIC RECORD" MEANS ANY RECORD THAT IS STORED, PROCESSED AND
USED BY MEANS OF A COMPUTER.
§ 2. Subparagraph iii of paragraph (b) of subdivision 1 of section 87
of the public officers law, as amended by chapter 745 of the laws of
2022, is amended to read as follows:
iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches, or
the actual cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute. In the case where an identical
record has been prepared for a previous request within the past [6] SIX
months and an electronic copy is available, an agency shall not charge a
fee. If more than one request is made for an identical record before
any such request has been fulfilled, any fees charged by the agency
under this subparagraph shall be apportioned equally among the reque-
stors. WITH RESPECT TO AN ELECTRONIC RECORD, THE ACTUAL COST OF REPROD-
UCTION SHALL INCLUDE THE COST OF THE STAFF TIME AND COMPUTER TIME
REQUIRED FOR REPRODUCTION AND THE COST OF THE STORAGE DEVICE OR MEDIUM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09552-01-3
A. 4538 2
BY WHICH SUCH RECORD IS TRANSMITTED TO THE PERSON WHO HAS REQUESTED IT,
WHERE SUCH STORAGE DEVICE OR MEDIUM IS PROVIDED BY THE AGENCY, PROVIDED
HOWEVER THAT SUCH ACTUAL COST OF REPRODUCTION WITH RESPECT TO AN ELEC-
TRONIC RECORD SHALL NOT BE GREATER THAN THE ACTUAL COST WOULD BE IF THE
RECORDS WERE TRANSMITTED BY THE AGENCY AS PHOTOCOPIES, PLUS THE COST OF
SUCH STORAGE DEVICE OR MEDIUM IF PROVIDED BY THE AGENCY.
§ 3. Subdivision 1 of section 87 of the public officers law is amended
by adding a new paragraph (d) to read as follows:
(D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, ANY AGENCY MAY, PURSUANT TO RULE DULY PROMULGATED BY SUCH AGENCY
OR BY THE GOVERNING BODY OF THE PUBLIC CORPORATION OF WHICH SUCH AGENCY
IS PART, PROVIDE FOR THE PUBLIC SALE, LEASE OR OTHER DISPOSITION OF THE
INFORMATION OR DATA MAINTAINED BY SUCH AGENCY IN A DATA BASE. SUCH
SALE, LEASE OR OTHER DISPOSITION SHALL BE MADE ON THE BASIS OF A PRICE
OR SCHEDULE OF PRICES, SET FORTH IN SUCH RULE, AT WHICH ANY PERSON OR
ENTITY MAY ACQUIRE SUCH INFORMATION OR DATA. ALL MONEYS RECEIVED BY AN
AGENCY PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED IN THE GENERAL
FUND OF THE PUBLIC CORPORATION OF WHICH THE AGENCY IS PART.
§ 4. This act shall take effect immediately.