S T A T E   O F   N E W   Y O R K
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                                  4801

                       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

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.
                                                           LBD00030-01-3
              

S. 4801                             2

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. (I) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY
A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT  PURSUANT  TO  ARTICLE
SIX  HUNDRED  NINETY  OF  THE  CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE  SUCH
SEARCH  WARRANT  STATES  THAT  THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS  TO  DEMONSTRATE  THAT,  A
MISDEMEANOR  OR  FELONY  OFFENSE  WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION  OF  A
MISDEMEANOR  OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH  OFFENSE
WOULD,  IF  OCCURRING  IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
  (II) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES  TECUM  SIGNED
BY  A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE

S. 4801                             3

WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
  (III) MAY, IF LAWFULLY OBTAINED PURSUANT TO PARAGRAPH A OF THIS SUBDI-
VISION OR THIS PARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIM-
INAL ACTION OR PROCEEDING; 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
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.