S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3928

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

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 6, 7 and 8 to read as follows:
  6.  "DATA  BASE" MEANS A SET OF DATA, CONSISTING OF MORE THAN ONE DATA
FILE, THAT IS COLLECTED AND STORED FOR A GIVEN PURPOSE.
  7. "DATA FILE" MEANS AN ELECTRONIC RECORD CONSISTING OF RELATED NUMER-
IC, TEXTUAL OR GRAPHIC INFORMATION  THAT  IS  ORGANIZED  IN  A  STRICTLY
PRESCRIBED FORM AND FORMAT.
  8.  "ELECTRONIC RECORD" MEANS ANY RECORD THAT IS STORED, PROCESSED AND
USED BY MEANS OF A COMPUTER.
  S 2. Subparagraph iii of paragraph (b) of subdivision 1 of section  87
of  the  public  officers  law, as amended by chapter 223 of the laws of
2008, 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.  WITH RESPECT TO  AN  ELECTRONIC
RECORD,  THE  ACTUAL  COST OF REPRODUCTION 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 ELECTRONIC RECORD SHALL NOT  BE  GREATER
THAN  THE  ACTUAL  COST  WOULD BE IF THE RECORDS WERE TRANSMITTED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07673-01-3

              

A. 3928                             2

AGENCY AS PHOTOCOPIES, PLUS THE COST OF SUCH STORAGE DEVICE OR MEDIUM IF
PROVIDED BY THE AGENCY.
  S 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.
  S 4. This act shall take effect immediately.