Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S5077
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
2009-S5077 (ACTIVE) - Details
2009-S5077 (ACTIVE) - 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.
2009-S5077 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5077 TITLE OF BILL : An act to amend the civil rights law, in relation to privacy of electronic fare and toll records PURPOSE OR GENERAL IDEA OF BILL : 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 SPECIFIC 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 Fare 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 described in a search warrant or in response to a subpoena duces tecum where such search warrant or subpoena duces tecum states that there is reasonable cause to believe such information constitutes evidence of, or demonstrates that, a misdemeanor or felony offense was committed. This information can also be used in a civil action or proceeding 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
2009-S5077 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5077 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08599-01-9
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