S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3468
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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.
   § 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.
                                                            LBD04347-01-9
              

 A. 3468                             2
 
 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.