Bill Text: IA HSB523 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill for restricting disclosures of specified information by regional transit districts, and providing a penalty.

Spectrum: Unknown

Status: (N/A - Dead) 0000-00-00 - In Judiciary [HSB523 Detail]

Download: Iowa-2013-HSB523-Introduced.html

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House Study Bill 523 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON BALTIMORE)
A BILL FOR
An Act restricting disclosures of specified information by
regional transit districts, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 28M.1, Code 2014, is amended by adding
the following new subsections:
NEW SUBSECTION . 1A. “Customer transaction history and fare
card use data” means information relating to the date or time a
fare card or product was purchased or used, the mode of travel,
or the type of fare card or product purchased or used.
NEW SUBSECTION . 1B. “Fare collection system” means a system
created and administered by a regional transit district that
is used for collecting fares or providing fare cards or passes
for public transit services including fixed-route bus service,
paratransit bus service, rideshare programs, transportation
services provided pursuant to section 249A.12, and light rail
or commuter rail service.
NEW SUBSECTION . 1C. “Governmental entity” means the same
as defined in section 8A.101.
NEW SUBSECTION . 1D. “Personalized internet services” means
services for which regional transit district applicants, users,
and customers must establish an internet user account.
Sec. 2. NEW SECTION . 28M.7 Regional transit district
customer data —— disclosure restrictions —— penalty.
1. Data concerning applicants, users, and customers of a
regional transit district collected by or through personalized
internet services or a fare collection system shall be
considered private and not subject to disclosure except as
provided in subsection 2.
2. Notwithstanding subsection 1, customer transaction
history and fare card use data may be disclosed under the
following circumstances:
a. To governmental entities, organizations, school
districts, educational institutions, and employers strictly
for purposes of measuring and promoting fare card use and
evaluating the cost-effectiveness of fare card programs.
In the event a user or customer requests in writing that a
regional transit district limit the disclosure of the user’s
or customer’s customer transaction history and fare card use
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H.F. _____
data, a regional transit district may disclose only a fare card
balance and the date the card was last used.
b. To governmental entities to prevent a breach of security
regarding electronic systems maintained by the regional transit
district or the governmental entity, or pursuant to a subpoena
issued in connection with a civil or criminal investigation.
3. A violation of this section is punishable by a civil
penalty in an amount not to exceed five thousand dollars for
each violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill restricts disclosure of specified information by
regional transit districts.
The bill provides several new definitions. The bill defines
“customer transaction history and fare card use data” to mean
information relating to the date or time a fare card or product
was purchased or used, the mode of travel, or the type of fare
card or product purchased or used. The bill defines “fare
collection system” to mean a system created and administered
by a regional transit district that is used for collecting
fares or providing fare cards or passes for public transit
services including fixed-route bus service, paratransit bus
service, rideshare programs, transportation services provided
pursuant to Code section 249A.12, and light rail or commuter
rail service. The bill defines “personalized internet
services” to mean services for which regional transit district
applicants, users, and customers must establish an internet
user account. Additionally, the bill references an existing
definition of “governmental entity” defined in Code section
8A.101 as meaning any unit of government in the executive,
legislative, or judicial branch of government; an agency or
political subdivision; any unit of another state government,
including its political subdivisions; any unit of the United
States government; or any association or other organization
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H.F. _____
whose membership consists primarily of one or more of any of
the foregoing.
The bill provides that data concerning applicants, users,
and customers of a regional transit district collected
by or through personalized internet services or a fare
collection system shall be considered private and not subject
to disclosure. The bill provides two exceptions to this
nondisclosure restriction. First, the bill provides that
disclosure may be made to governmental entities, organizations,
school districts, educational institutions, and employers
strictly for purposes of measuring and promoting fare card use
and evaluating the cost-effectiveness of fare card programs.
The bill adds, however, that if a user or customer requests in
writing that a regional transit district limit the disclosure
of the user’s or customer’s customer transaction history and
fare card use data, a regional transit district may disclose
only a fare card balance and the date the card was last used.
Second, the bill provides that disclosure may be made to
governmental entities to prevent a breach of security regarding
electronic systems maintained by the regional transit district
or the governmental entity, or pursuant to a subpoena issued in
connection with a civil or criminal investigation.
The bill provides that a violation of the bill’s provisions
is punishable by a civil penalty in an amount not to exceed
$5,000 per violation.
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