Assembly Bill A7080

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7080
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 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 is amended by adding a new clause 3 to read
 as follows:
   (3) 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10547-01-5
              

 A. 7080                             2
 
 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.