Bill Text: IA HF2278 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act restricting disclosures of specified information by regional transit districts, and providing a penalty. Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2014-04-03 - Signed by Governor. H.J. 666. [HF2278 Detail]

Download: Iowa-2013-HF2278-Introduced.html
House File 2278 - Introduced HOUSE FILE 2278 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 523) A BILL FOR An Act restricting disclosures of specified information by 1 regional transit districts, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5426HV (4) 85 rn/nh
H.F. 2278 Section 1. Section 28M.1, Code 2014, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 0A. “Aggregate data on user and customer 3 transaction history and fare card use” means data relating to 4 the dates fare cards were used, the times fare cards were used, 5 the types of transit services used, the types of fare products 6 used, and information about the dates, times, and types of fare 7 products purchased. 8 NEW SUBSECTION . 1B. “Fare collection system” means a system 9 created and administered by a regional transit district that 10 is used for collecting fares or providing fare cards or passes 11 for public transit services including fixed-route bus service, 12 paratransit bus service, rideshare programs, transportation 13 services provided pursuant to section 249A.12, and light rail 14 or commuter rail service. 15 NEW SUBSECTION . 1C. “Governmental entity” means the same 16 as defined in section 8A.101. 17 NEW SUBSECTION . 1D. “Personalized internet services” means 18 services for which regional transit district applicants, users, 19 and customers must establish an internet user account. 20 Sec. 2. NEW SECTION . 28M.7 Regional transit district 21 customer data —— disclosure restrictions —— penalty. 22 1. Data concerning applicants, users, and customers of a 23 regional transit district collected by or through personalized 24 internet services or a fare collection system shall be 25 considered private and not subject to disclosure except as 26 provided in this section. 27 2. A regional transit district may disclose aggregate 28 data on user and customer transaction history and fare card 29 use to government entities, organizations, school districts, 30 educational institutions, and employers that subsidize or 31 provide fare cards to their clients, students, or employees. 32 Government entities, organizations, school districts, 33 educational institutions, and employers may use the aggregate 34 data only for purposes of measuring and promoting fare card 35 -1- LSB 5426HV (4) 85 rn/nh 1/ 3
H.F. 2278 use and evaluating the cost-effectiveness of their fare card 1 programs. The disclosure of nonaggregate or personalized 2 data on user and customer transaction history and fare card 3 use to government entities, organizations, school districts, 4 educational institutions, and employers shall be strictly 5 prohibited. 6 3. A regional transit district may disclose data concerning 7 applicants, users, and customers collected by or through 8 personalized internet services or a fare collection system 9 to another government entity to prevent a breach of security 10 regarding electronic systems maintained by the regional transit 11 district or the governmental entity, or pursuant to a subpoena 12 issued in connection with a civil or criminal investigation. 13 4. A violation of this section is punishable by a civil 14 penalty in an amount not to exceed five thousand dollars for 15 each violation. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill restricts disclosure of specified information by 20 regional transit districts. 21 The bill provides several new definitions. The bill defines 22 “aggregate data on user and customer transaction history and 23 fare card use” to mean data relating to the dates fare cards 24 were used, the times fare cards were used, the types of transit 25 services used, the types of fare products used, and information 26 about the dates, times, and types of fare products purchased. 27 The bill defines “fare collection system” to mean a system 28 created and administered by a regional transit district that 29 is used for collecting fares or providing fare cards or passes 30 for public transit services including fixed-route bus service, 31 paratransit bus service, rideshare programs, transportation 32 services provided pursuant to Code section 249A.12, and light 33 rail or commuter rail service. 34 The bill defines “personalized internet services” to mean 35 -2- LSB 5426HV (4) 85 rn/nh 2/ 3
H.F. 2278 services for which regional transit district applicants, users, 1 and customers must establish an internet user account. 2 Additionally, the bill references an existing definition 3 of “governmental entity” defined in Code section 8A.101 as 4 meaning any unit of government in the executive, legislative, 5 or judicial branch of government; an agency or political 6 subdivision; any unit of another state government, including 7 its political subdivisions; any unit of the United States 8 government; or any association or other organization whose 9 membership consists primarily of one or more of any of the 10 foregoing. 11 The bill provides that data concerning applicants, users, 12 and customers of a regional transit district collected by or 13 through personalized internet services or a fare collection 14 system shall be considered private and not subject to 15 disclosure. The bill provides exceptions to this nondisclosure 16 restriction. The bill provides that disclosure of aggregate 17 data on user and customer transaction history and fare card 18 use may be made to governmental entities, organizations, 19 school districts, educational institutions, and employers that 20 subsidize or provide fare cards to their clients, students, 21 or employees strictly for purposes of measuring and promoting 22 fare card use and evaluating the cost-effectiveness of fare 23 card programs. The bill also provides that disclosure may be 24 made to governmental entities to prevent a breach of security 25 regarding electronic systems maintained by the regional transit 26 district or the governmental entity, or pursuant to a subpoena 27 issued in connection with a civil or criminal investigation. 28 The bill provides that a violation of the bill’s provisions 29 is punishable by a civil penalty in an amount not to exceed 30 $5,000 per violation. 31 -3- LSB 5426HV (4) 85 rn/nh 3/ 3
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