OHIO TURNPIKE COMMISSION

Resolution Authorizing the Filing of Rule 5537-9-01 Procedures and Criteria

for Accessing E-ZPass ® Customer Account Information with the

Joint Committee on Agency Rule Review

WHEREAS, the Ohio General Assembly passed Substitute House Bill 648 (127 th General

Assembly) which amended Ohio Revised Section 1347.15.15, 1347.99 and 5703.211, which

required all state agencies to develop administrative rules and related policies, procedures and

criteria for accessing confidential personal information (“CPI”); and

WHEREAS, the General Counsel has determined that the statutory requirements for the

securing of CPI imposed by the amended statute apply to the information maintained by the E-

ZPass Customer Service Center in order to manage and administrate the customer accounts; and

WHEREAS, the Commission required its Engineering Consultant/System Integrator for

the new toll collection system and E-ZPass Customer Service Center to design, install and

implement the required data security requirements and protocols necessary to comply with the

statutory requirements imposed by the amended statute, which policies and procedures are still

being reviewed and tested for compliance by the Information Systems Department; and

WHEREAS, the General Counsel in conjunction with the Executive Director, Director of

Information Systems, and CFO/Comptroller has developed a drafted administrative rule

applicable to the operations of the E-ZPass Customer Service Center as it relates to the collection

of and access to E-ZPass customer account information as required by the provisions of O.R.C.

Section 1347.15; and

WHEREAS, the Executive Director and General Counsel have recommended that the

Commission begin the process for adopting the attached Administrative Rule 5537-9-01, which

rule is attached in preliminary draft form to this Resolution; and

WHEREAS, the General Counsel has advised the Commission that it is required to

submit the drafted rule to the Joint Committee on Agency Rule Review in accordance with the

requirements of O.R.C. Section 111.15 and 119.032 prior to implementation by the Commission,

and has recommended that the Commission begin the process for promulgating and finalizing the

drafted rules prior to the implementation of electronic tolling; and

WHEREAS, in accordance with applicable statutory provisions, including Sections

111.15 and 119.032 of the Ohio Revised Code, the Commission must file with the Joint

Committee on Agency Rule Review, the Legislative Service Commission and the Secretary of

State any new rule or amended rule in accordance with the procedures set forth in the statutes

and the Commission wishes to comply with the procedural requirements necessary to implement

the rule.

NOW, THEREFORE, BE IT

RESOLVED, that the Commission hereby authorizes the Executive Director and General

Counsel to finalize the attached Rule 5537-9-01 for filing either in its current form or as may be

modified in order to comply with the requirements imposed by the Joint Committee on Agency

Rule Review; and

FURTHER RESOLVED that the Commission hereby authorizes the General Counsel to

initiate the process necessary to adopt the attached rule in accordance with Sections 111.15 and

119.032 of the Ohio Revised Code.

(Resolution No. 24-2010 adopted June 21, 2010)