STATE OF NEW YORK
________________________________________________________________________
7080
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 86 of the public officers law is amended by adding
2 three new subdivisions 12, 13 and 14 to read as follows:
3 12. "Data base" means a set of data, consisting of more than one data
4 file, that is collected and stored for a given purpose.
5 13. "Data file" means an electronic record consisting of related
6 numeric, textual or graphic information that is organized in a strictly
7 prescribed form and format.
8 14. "Electronic record" means any record that is stored, processed and
9 used by means of a computer.
10 § 2. Subparagraph iii of paragraph (b) of subdivision 1 of section 87
11 of the public officers law is amended by adding a new clause 3 to read
12 as follows:
13 (3) With respect to an electronic record, the actual cost of reprod-
14 uction shall include the cost of the staff time and computer time
15 required for reproduction and the cost of the storage device or medium
16 by which such record is transmitted to the person who has requested it,
17 where such storage device or medium is provided by the agency, provided
18 however that such actual cost of reproduction with respect to an elec-
19 tronic record shall not be greater than the actual cost would be if the
20 records were transmitted by the agency as photocopies, plus the cost of
21 such storage device or medium if provided by the agency.
22 § 3. Subdivision 1 of section 87 of the public officers law is amended
23 by adding a new paragraph (d) to read as follows:
24 (d) Notwithstanding the provisions of paragraph (b) of this subdivi-
25 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
1 or by the governing body of the public corporation of which such agency
2 is part, provide for the public sale, lease or other disposition of the
3 information or data maintained by such agency in a data base. Such
4 sale, lease or other disposition shall be made on the basis of a price
5 or schedule of prices, set forth in such rule, at which any person or
6 entity may acquire such information or data. All moneys received by an
7 agency pursuant to this subdivision shall be deposited in the general
8 fund of the public corporation of which the agency is part.
9 § 4. This act shall take effect immediately.
