New York State Assembly

 
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A00770 Summary:

A00770 Actions:

A00770 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Zebrowski      
DATE:05/19/2021AYE/NAY:11/3  Action: Favorable refer to committee Codes        
Zebrowski
Aye
Lawler
Nay
Galef
Aye
Goodell
Nay
Glick
Aye
Lalor
Aye
Kim
Aye
Byrne
Nay
Bichotte Hermel
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye
Wallace
Aye
Meeks
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/25/2021AYE/NAY:16/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Heastie      
DATE:06/01/2021AYE/NAY:22/8  Action: Favorable         
Heastie
Aye
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Excused
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A00770 Floor Votes:

A00770 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         770--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, PERRY, RODRIGUEZ, OTIS -- read once
          and  referred to the Committee on Governmental Operations -- 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:
 
     1    Section 1.  Statement of legislative intent. The legislature finds and
     2  declares that public entities increasingly are  establishing  electronic
     3  toll  and  electronic fare payment systems, which have the potential for
     4  great convenience to the general public. E-Z Pass, for  example,  allows
     5  motorists  to  have toll charges automatically deducted from pre-establ-
     6  ished accounts.  Programs such as these have proven popular with consum-
     7  ers. But some consumers,  public  officials  and  public  entities  have
     8  raised  legitimate  questions about the extent to which records of indi-
     9  vidual travel created by such electronic toll and fare  programs  should
    10  be  disclosed,  and  under  what  circumstances.   This bill establishes
    11  reasonable, uniform provisions for maintaining  the  confidentiality  of
    12  such  records, while at the same time authorizing disclosure in cases of
    13  legitimate law enforcement need.
    14    § 2.  The civil rights law is amended by adding a new section 50-g  to
    15  read as follows:
    16    §  50-g. Privacy of electronic toll and fare records. 1.  Definitions.
    17  As used in this section:
    18    a. "Electronic toll information" shall mean records created  or  main-
    19  tained by a public entity or by a contractor on behalf of a public enti-
    20  ty concerning a motorist or motor vehicle regarding the use of any high-
    21  way,  bridge, tunnel or other thoroughfare, including but not limited to
    22  E-Z Pass records, which contain information such as (but not limited to)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00358-03-1
        A. 770--A                           2
 
     1  the name and address of the registered vehicle owner or account  holder,
     2  a description and/or license plate number of the vehicle, the date, time
     3  and  location  of  the  passage  of  a vehicle through a toll collection
     4  location,  and  the  statements  of  account additions and/or deductions
     5  prepared for or sent to the account holder.
     6    b. "Electronic fare information" shall mean records created  or  main-
     7  tained by a public entity or by a contractor on behalf of a public enti-
     8  ty  concerning  an  account holder, including but not limited to "Metro-
     9  card" and pass card system computer records concerning commuter railroad
    10  and/or transit facility use, which contain information such as (but  not
    11  limited  to)  the  name  and address of the account holder; the date and
    12  time of fare card or fare media use; identification of the  location  or
    13  transit  station  where  such  fare card or fare media was used; and the
    14  statements of account additions and/or deductions prepared for  or  sent
    15  to the account holder.
    16    c.  "Public  entity" shall mean and include any state or local depart-
    17  ment, agency, board, bureau,  division,  commission,  public  authority,
    18  public  benefit corporation or office of the state or a political subdi-
    19  vision of the state, or any other entity performing  a  governmental  or
    20  proprietary function for the state or any of its political subdivisions.
    21    d.  "Contractor"  shall mean any entity engaged in performing customer
    22  service functions, including violations processing, under contract  with
    23  a public entity.
    24    2.  Confidentiality  of records. Electronic toll information and elec-
    25  tronic fare information is confidential information. Notwithstanding the
    26  provisions of any other law, such information shall not be open  to  the
    27  public,  nor  subject  to  civil  or  criminal process or discovery, nor
    28  subject to disclosure under the freedom of information law, nor used  by
    29  any  court  or  administrative  or  adjudicatory  body  in any action or
    30  proceeding therein, and no public entity or employee, officer  or  agent
    31  thereof shall disclose such information, except that such information:
    32    a.  shall  be  available  for  inspection  and  copying and use by the
    33  account holder for so long as such information  is  maintained  by  such
    34  public entity, employee, officer or agent; and
    35    b. (i) shall be furnished when described in a search warrant issued by
    36  a  court authorized to issue such search warrant pursuant to article six
    37  hundred ninety of the criminal procedure law, or a federal court author-
    38  ized to issue such search warrant under federal law, where  such  search
    39  warrant  states  there  is  reasonable cause to believe such information
    40  constitutes evidence of, or tends to demonstrate that, a misdemeanor  or
    41  felony  offense  was committed in this state or another state, or that a
    42  particular person participated in the commission  of  a  misdemeanor  or
    43  felony  offense  in this state or another state, provided, however, that
    44  if such offense was against the laws of another state, the  court  shall
    45  only  issue  a  warrant if the conduct comprising such offense would, if
    46  occurring in this state, constitute a misdemeanor or felony against  the
    47  laws of this state; and
    48    (ii)  shall  be furnished in response to a subpoena duces tecum signed
    49  by a judge of competent jurisdiction and issued pursuant to article  six
    50  hundred ten of the criminal procedure law, or a judge or magistrate of a
    51  federal court authorized to issue such subpoena duces tecum under feder-
    52  al  law,  where  the  judge  finds,  and  such subpoena states, there is
    53  reasonable cause to believe such information is relevant and material to
    54  the prosecution, or the defense, or the investigation by  an  authorized
    55  law  enforcement official, of the alleged commission of a misdemeanor or
    56  felony in this state or another state, provided, however, that  if  such
        A. 770--A                           3
 
     1  offense  was against the laws of another state, such judge or magistrate
     2  shall only issue such subpoena if the conduct  comprising  such  offense
     3  would, if occurring in this state, constitute a misdemeanor or felony in
     4  this state; and
     5    (iii)  may,  if  lawfully obtained pursuant to this paragraph or para-
     6  graph a of this subdivision, and otherwise  admissible,  be  used  in  a
     7  criminal action or proceeding; and
     8    c.  may  be  obtained and, if otherwise admissible, be used in a civil
     9  court or other civil administrative or adjudicatory body in  any  action
    10  or  proceeding  pending  therein  when such action or proceeding relates
    11  directly to the collection of toll or fare revenues and it is alleged:
    12    (i) by the provider of such services  that  tolls  or  fares  properly
    13  charged to the account holder remain unpaid; or
    14    (ii) by the account holder that tolls or fares were improperly charged
    15  to such holder's account; and
    16    d.  may  be  used by such public entity or a contractor on behalf of a
    17  public entity for communications  with  the  account  holder,  including
    18  monthly   statements,   announcements   and   notification   of  alleged
    19  violations; and
    20    e. may be used by such public entity or a contractor on  behalf  of  a
    21  public  entity  for  customer  service center to customer service center
    22  communications in connection with the administration of such  electronic
    23  toll or electronic fare information system; and
    24    f. limited to electronic fare information may, upon written request of
    25  the  board  of  education of the city of New York identifying a specific
    26  student holding a student  discount  card  issued  by  the  metropolitan
    27  transportation  authority  and/or one of its subsidiary corporations, be
    28  provided by such metropolitan transportation authority and/or subsidiary
    29  corporation to such board of education of the city of New York.
    30    3. Information. Nothing herein shall preclude  the  use  of  aggregate
    31  electronic toll or fare information which does not identify any individ-
    32  ual  account  holder  in  an  action or proceeding involving such public
    33  entity, nor preclude  the  use,  sale  or  distribution  of  information
    34  compiled  from  electronic toll or fare information, where such compiled
    35  information does not identify any individual account holder.
    36    4. Notice. Every public entity that collects electronic toll  or  fare
    37  information shall provide regular and conspicuous notice, in writing, to
    38  applicants  and  account  holders  concerning  the  provisions  of  this
    39  section, which notice shall also describe the  means  by  which  account
    40  holders may obtain copies of their individual account records.
    41    5.  Violations.  Any  person  who  knowingly  releases  or permits the
    42  release of electronic toll or electronic fare information that is confi-
    43  dential under this section to a person or entity not entitled to receive
    44  such information shall be subject to a civil penalty of up to five thou-
    45  sand dollars.
    46    § 3. This act shall take effect immediately.