S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3271--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  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.
   § 2.  The civil rights law is amended by adding a new section 50-h  to
 read as follows:
   §  50-H. 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00734-05-4
              

 S. 3271--A                          2
 
 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
 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 SEARCH WARRANT PURSUANT TO ARTICLE SIX
 HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, OR A FEDERAL COURT AUTHOR-
 IZED TO ISSUE SUCH SEARCH WARRANT UNDER FEDERAL LAW, WHERE  SUCH  SEARCH
 WARRANT  STATES  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 SUBPOENA DUCES TECUM UNDER FEDER-
 AL  LAW,  WHERE  THE  JUDGE  FINDS,  AND  SUCH SUBPOENA STATES, 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
 S. 3271--A                          3
 
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (III)  SHALL  BE  FURNISHED  IN RESPONSE TO A SUBPOENA (1) ISSUED BY A
 MEMBER OF A POLICE AGENCY AS DEFINED IN SECTION  EIGHT  HUNDRED  THIRTY-
 FIVE  OF  THE  EXECUTIVE  LAW; (2) WHERE SUCH PERSON OR POLICE AGENCY IS
 AUTHORIZED TO ISSUE NON-JUDICIAL SUBPOENAS PURSUANT TO STATUTE OR ADMIN-
 ISTRATIVE CODE OF A MUNICIPALITY; AND (3) SUCH PERSON  FINDS,  AND  SUCH
 SUBPOENA  STATES,  THAT  SUCH INFORMATION IS RELEVANT AND MATERIAL TO AN
 INTERNAL INVESTIGATION OR PROCEEDING RELATING TO DISCIPLINE OF A  MEMBER
 OF SAID POLICE AGENCY; AND
   (IV) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS PARAGRAPH OR PARAGRAPH
 A  OF  THIS SUBDIVISION, AND OTHERWISE ADMISSIBLE, BE USED IN A CRIMINAL
 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.
   § 3. This act shall take effect immediately.