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.