senate Bill S4801A

Prohibits disclosure of highway, bridge, tunnel and other thoroughfare toll and transit records, with exceptions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO CODES
  • 17 / Jun / 2013
    • AMEND AND RECOMMIT TO CODES
  • 17 / Jun / 2013
    • PRINT NUMBER 4801A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1445
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 13 / May / 2014
    • 1ST REPORT CAL.758
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Prohibits the disclosure of highway, bridge, tunnel and other thoroughfare toll records, and commuter railroad and transit records to protect privacy, unless necessary to perform law enforcement functions of certain public officials and bodies or to further another public entities official functions.

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Bill Details

Versions:
S4801
S4801A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add ยง50-f, Civ Rts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A10255, A1942
2009-2010: A4985
2007-2008: A1520A

Sponsor Memo

BILL NUMBER:S4801A

TITLE OF BILL: An act to amend the civil rights law, in relation to
privacy of electronic fare and toll records

PURPOSE: Establishes reasonable, uniform provisions for maintaining
the confidentiality of electronic toll and electronic fare records,
including "Metrocard' and "E-ZPass" records, while at the same time
authorizing disclosure in cases of legitimate law enforcement need.

SUMMARY OF PROVISIONS:

Section One of this bill is a statement of legislative intent.

Section Two adds a new section 50-f to the Civil Rights Law entitled
"Privacy of Electronic Toll and Pare Records." This section contains
definitions and states that all electronic toll and fare information
is confidential except that such information shall be available for
inspection and copying and use by the account holder. This information
shall also be furnished when requested by a law enforcement agency for
a legitimate law enforcement purpose, as determined by the law
enforcement agency. This information can also be used in a civil court
or other civil administrative or adjudicatory body in any action or
proceeding pending when it relates directly to the collection of toll
revenues and can be used by a public entity for communications with
the account holder, including monthly statements, announcements and
notification of alleged violations. Additionally, information
concerning student discount "Metrocards" may be obtained upon written
request by the Board of Education of the City of New York.

This bill does not preclude the use of aggregate electronic toll or
fare information which does not identify any individual account holder
in an action or proceeding involving such public entity, nor does it
preclude the use, sale or distribution of information compiled from
electronic toll or fare information, where such does not identify any
individual account holder. The bill requires every public entity that
collects electronic toll or fare information to provide regular and
conspicuous notice, in writing, to applicants and account holders
concerning the provisions of this section.

Section three contains the effective date.

JUSTIFICATION: The E-ZPass system is becoming more of a necessity than
an option for many commuters. Heavy volume and fewer toll collection
lanes, combined with the elimination of bulk tokens, have convinced
many people who might otherwise not do so to sign up for the pre-paid
E-ZPass and/or Metrocard system(s). Many of these people are concerned
about protecting the privacy of information obtained through these
electronic toll collection devices. This bill serves to protect
privacy by establishing reasonable limitations on the release and use
of such electronic toll and fare information.

LEGISLATIVE HISTORY: 2012: A. 10255 Rules/ No Same As 2011-12: A.
1942 Codes/No Same As 2009-10: A. 4985 Passed Assembly/S. 5077 Codes
2007-08: A. 1520-A Passed Assembly 2005-06: A. 3470 Government
Operations/ No Same As 2003-04: A. 812 Government Operations/S. 5909
Codes


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                 4801--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the civil rights law, in relation to privacy of elec-
  tronic fare and toll records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Statement of legislative intent. The legislature finds and
declares  that  public entities increasingly are establishing electronic
toll and electronic fare payment systems, which have the  potential  for
great  convenience  to the general public. E-Z Pass, for example, allows
motorists to have toll charges automatically deducted  from  pre-establ-
ished accounts.  Programs such as these have proven popular with consum-
ers.  But  some  consumers,  public  officials  and public entities have
raised legitimate questions about the extent to which records  of  indi-
vidual  travel  created by such electronic toll and fare programs should
be disclosed, and under  what  circumstances.    This  bill  establishes
reasonable,  uniform  provisions  for maintaining the confidentiality of
such records, while at the same time authorizing disclosure in cases  of
legitimate law enforcement need.
  S  2.  The civil rights law is amended by adding a new section 50-f to
read as follows:
  S 50-F. PRIVACY OF ELECTRONIC TOLL AND FARE RECORDS. 1.   DEFINITIONS.
AS USED IN THIS SECTION:
  A.  "ELECTRONIC  TOLL INFORMATION" SHALL MEAN RECORDS CREATED OR MAIN-
TAINED BY A PUBLIC ENTITY OR BY A CONTRACTOR ON BEHALF OF A PUBLIC ENTI-
TY CONCERNING A MOTORIST OR MOTOR VEHICLE REGARDING THE USE OF ANY HIGH-
WAY, BRIDGE, TUNNEL OR OTHER THOROUGHFARE, INCLUDING BUT NOT LIMITED  TO
E-Z PASS RECORDS, WHICH CONTAIN INFORMATION SUCH AS (BUT NOT LIMITED TO)
THE  NAME AND ADDRESS OF THE REGISTERED VEHICLE OWNER OR ACCOUNT HOLDER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00030-02-3

S. 4801--A                          2

A DESCRIPTION AND/OR LICENSE PLATE NUMBER OF THE VEHICLE, THE DATE, TIME
AND LOCATION OF THE PASSAGE OF  A  VEHICLE  THROUGH  A  TOLL  COLLECTION
LOCATION,  AND  THE  STATEMENTS  OF  ACCOUNT ADDITIONS AND/OR DEDUCTIONS
PREPARED FOR OR SENT TO THE ACCOUNT HOLDER.
  B.  "ELECTRONIC  FARE INFORMATION" SHALL MEAN RECORDS CREATED OR MAIN-
TAINED BY A PUBLIC ENTITY OR BY A CONTRACTOR ON BEHALF OF A PUBLIC ENTI-
TY CONCERNING AN ACCOUNT HOLDER, INCLUDING BUT NOT  LIMITED  TO  "METRO-
CARD" AND PASS CARD SYSTEM COMPUTER RECORDS CONCERNING COMMUTER RAILROAD
AND/OR  TRANSIT FACILITY USE, WHICH CONTAIN INFORMATION SUCH AS (BUT NOT
LIMITED TO) THE NAME AND ADDRESS OF THE ACCOUNT  HOLDER;  THE  DATE  AND
TIME  OF  FARE CARD OR FARE MEDIA USE; IDENTIFICATION OF THE LOCATION OR
TRANSIT STATION WHERE SUCH FARE CARD OR FARE MEDIA  WAS  USED;  AND  THE
STATEMENTS  OF  ACCOUNT ADDITIONS AND/OR DEDUCTIONS PREPARED FOR OR SENT
TO THE ACCOUNT HOLDER.
  C. "PUBLIC ENTITY" SHALL MEAN AND INCLUDE ANY STATE OR  LOCAL  DEPART-
MENT,  AGENCY,  BOARD,  BUREAU,  DIVISION, COMMISSION, PUBLIC AUTHORITY,
PUBLIC BENEFIT CORPORATION OR OFFICE OF THE STATE OR A POLITICAL  SUBDI-
VISION  OF  THE  STATE, OR ANY OTHER ENTITY PERFORMING A GOVERNMENTAL OR
PROPRIETARY FUNCTION FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  D. "CONTRACTOR" SHALL MEAN ANY ENTITY ENGAGED IN  PERFORMING  CUSTOMER
SERVICE  FUNCTIONS, INCLUDING VIOLATIONS PROCESSING, UNDER CONTRACT WITH
A PUBLIC ENTITY.
  2. CONFIDENTIALITY OF RECORDS. ELECTRONIC TOLL INFORMATION  AND  ELEC-
TRONIC FARE INFORMATION IS CONFIDENTIAL INFORMATION. NOTWITHSTANDING THE
PROVISIONS  OF  ANY OTHER LAW, SUCH INFORMATION SHALL NOT BE OPEN TO THE
PUBLIC, NOR SUBJECT TO CIVIL  OR  CRIMINAL  PROCESS  OR  DISCOVERY,  NOR
SUBJECT  TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW, NOR USED BY
ANY COURT OR ADMINISTRATIVE  OR  ADJUDICATORY  BODY  IN  ANY  ACTION  OR
PROCEEDING  THEREIN,  AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT
THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH INFORMATION:
  A. SHALL BE AVAILABLE FOR  INSPECTION  AND  COPYING  AND  USE  BY  THE
ACCOUNT  HOLDER  FOR  SO  LONG AS SUCH INFORMATION IS MAINTAINED BY SUCH
PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
  B. SHALL BE FURNISHED WHEN REQUESTED BY A LAW ENFORCEMENT AGENCY FOR A
LEGITIMATE LAW ENFORCEMENT PURPOSE, AS DETERMINED BY THE LAW ENFORCEMENT
AGENCY; AND
  C. MAY BE OBTAINED AND, IF OTHERWISE ADMISSIBLE, BE USED  IN  A  CIVIL
COURT  OR  OTHER CIVIL ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION
OR PROCEEDING PENDING THEREIN WHEN SUCH  ACTION  OR  PROCEEDING  RELATES
DIRECTLY TO THE COLLECTION OF TOLL OR FARE REVENUES AND IT IS ALLEGED:
  (I)  BY  THE  PROVIDER  OF  SUCH SERVICES THAT TOLLS OR FARES PROPERLY
CHARGED TO THE ACCOUNT HOLDER REMAIN UNPAID; OR
  (II) BY THE ACCOUNT HOLDER THAT TOLLS OR FARES WERE IMPROPERLY CHARGED
TO SUCH HOLDER'S ACCOUNT; AND
  D. MAY BE USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON  BEHALF  OF  A
PUBLIC  ENTITY  FOR  COMMUNICATIONS  WITH  THE ACCOUNT HOLDER, INCLUDING
MONTHLY  STATEMENTS,   ANNOUNCEMENTS   AND   NOTIFICATION   OF   ALLEGED
VIOLATIONS; AND
  E.  MAY  BE  USED BY SUCH PUBLIC ENTITY OR A CONTRACTOR ON BEHALF OF A
PUBLIC ENTITY FOR CUSTOMER SERVICE CENTER  TO  CUSTOMER  SERVICE  CENTER
COMMUNICATIONS  IN CONNECTION WITH THE ADMINISTRATION OF SUCH ELECTRONIC
TOLL OR ELECTRONIC FARE INFORMATION SYSTEM; AND
  F. LIMITED TO ELECTRONIC FARE INFORMATION MAY, UPON WRITTEN REQUEST OF
THE BOARD OF EDUCATION OF THE CITY OF NEW YORK  IDENTIFYING  A  SPECIFIC
STUDENT  HOLDING  A  STUDENT  DISCOUNT  CARD  ISSUED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY AND/OR ONE OF ITS SUBSIDIARY  CORPORATIONS,  BE

S. 4801--A                          3

PROVIDED BY SUCH METROPOLITAN TRANSPORTATION AUTHORITY AND/OR SUBSIDIARY
CORPORATION TO SUCH BOARD OF EDUCATION OF THE CITY OF NEW YORK.
  3.  INFORMATION.  NOTHING  HEREIN  SHALL PRECLUDE THE USE OF AGGREGATE
ELECTRONIC TOLL OR FARE INFORMATION WHICH DOES NOT IDENTIFY ANY INDIVID-
UAL ACCOUNT HOLDER IN AN ACTION  OR  PROCEEDING  INVOLVING  SUCH  PUBLIC
ENTITY,  NOR  PRECLUDE  THE  USE,  SALE  OR  DISTRIBUTION OF INFORMATION
COMPILED FROM ELECTRONIC TOLL OR FARE INFORMATION, WHERE  SUCH  COMPILED
INFORMATION DOES NOT IDENTIFY ANY INDIVIDUAL ACCOUNT HOLDER.
  4.  NOTICE.  EVERY PUBLIC ENTITY THAT COLLECTS ELECTRONIC TOLL OR FARE
INFORMATION SHALL PROVIDE REGULAR AND CONSPICUOUS NOTICE, IN WRITING, TO
APPLICANTS  AND  ACCOUNT  HOLDERS  CONCERNING  THE  PROVISIONS  OF  THIS
SECTION,  WHICH  NOTICE  SHALL  ALSO DESCRIBE THE MEANS BY WHICH ACCOUNT
HOLDERS MAY OBTAIN COPIES OF THEIR INDIVIDUAL ACCOUNT RECORDS.
  5. VIOLATIONS. ANY  PERSON  WHO  KNOWINGLY  RELEASES  OR  PERMITS  THE
RELEASE OF ELECTRONIC TOLL OR ELECTRONIC FARE INFORMATION THAT IS CONFI-
DENTIAL UNDER THIS SECTION TO A PERSON OR ENTITY NOT ENTITLED TO RECEIVE
SUCH INFORMATION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOU-
SAND DOLLARS.
  S 3. This act shall take effect immediately.

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