House committee substitute makes the following changes to the 1st edition.
Amends new GS 20-183.24 to prohibit preservation of the captured license plate data for more than 60 days after the date that the data is captured, or 120 days for the purpose of electronic toll collection, except pursuant to a preservation request, disclosure order, or search warrant.
Amends new GS 20-183.25 to change the start date for the reporting requirements under this act. Requires any governmental entity using an automatic license plate reader system to report on its usage to the Attorney General annually beginning July 1, 2016 (was, July 1, 2015). Directs the Attorney General to annually compile the information received from governmental entities beginning October 1, 2016 (was, October 1, 2015), and submit a written report to the General Assembly.
Deletes previous language in GS 136-18(46) and provides the following. Defines the term public utilityfor the purposes of this subdivision to mean any of the following: (1) a public utility as defined in GS 62-3(23); (2) an electric membership corporation; (3) a joint municipal power agency; (4) a city or county engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use; or (5) a telephone membership corporation. Gives the Department of Transportation the following powers related to public safety technology: (1) to enter into agreements with municipalities, counties, and other governmental entities for the use of and encroachment upon the right-of-way of any road designated as part of the state highway system for the installation and use of law enforcement, fire suppression service, emergency medical response service, and related public safety technology under specified conditions and (2) to approve requests by municipalities, counties, and other public entities for the use and encroachment upon utility easements previously granted by the Department to the utility for purposes of installing public safety technology under specified conditions. Provides that the agreements authorized must not interfere with the use of the right-of-way by a utility.
Bill Summaries: H829 (2015-2016 Session)
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Bill H 829 (2015-2016)Summary date: Apr 28 2015 - View summary
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Bill H 829 (2015-2016)Summary date: Apr 17 2015 - View summary
Enacts new Article 3D, Automatic License Plate Reader Systems, in GS Chapter 20. Subsection (a) of GS 20-183.23, as enacted in this act, makes it illegal for a governmental entity to use an automatic license plate reader system, defined as a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to covert images of license plates into computer-readable data, excluding traffic control photographic systems. Subsection (b) provides exceptions to the prohibition in subsection (a), setting out purposes for which an automatic license plate reader systemmay be used, including electronic toll collection.
Prohibits data captured for the allowable purposes from being used or shared for any other purpose and it cannot be preserved for more than 60 days except pursuant to specified requests or warrants. Allows an investigative or law enforcement officer to apply for a court order compelling disclosure of captured plate data and sets out steps to be taken by a person using the system to preserve data, oncea disclosure order has been issued. Sets out additional provisions concerning and placing restrictions on individuals capturing data under one of the allowed uses, including reporting requirements.
Allows an aggrieved party to bring a civil action against a person violating the new Article. Specifies that the court may award damages, reasonable attorneys' fees and other litigation costs, and injunctive relief to the prevailing party. Makes a willful and knowing violation of GS 20-183.23 a Class 1 misdemeanor. Makes data or information captured in violation of GS 20-183.23 or GS 20-183.24, as enacted in this act, inadmissible as evidence in any criminal, civil, or administrative proceeding.
Amends GS 136-18, adding a new subdivision (46) to provide that the Department of Transportation may enter into agreements with municipalities, counties, and other governmental entities for the use of and encroachment on the right-of-way of any road identified as part of the state highway system in order to operate an automatic license plate reader system in accordance with Article 3D of GS Chapter 20.
Effective December 1, 2015, and applies to offenses committed on or after that date.