AUTH. LICENSE PLATE READERS IN STATE ROW.

View NCGA Bill Details2021
House Bill 886 (Public) Filed Tuesday, May 4, 2021
AN ACT TO AUTHORIZE THE NORTH CAROLINA STATE BUREAU OF INVESTIGATION TO PLACE AUTOMATIC LICENSE PLATE READER SYSTEMS ON DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY.
Intro. by Faircloth.

Status: Re-ref Com On Judiciary 3 (House action) (May 11 2021)
H 886

Bill Summaries:

  • Summary date: May 11 2021 - More information

    House committee substitute to the 1st edition makes the following changes. 

    Revises the proposed new power granted to the Department of Transportation (DOT) under GS 136-18, authorizing DOT to enter into agreements with the SBI for the placement and use of automatic license plate reader systems within land or rights-of-way owned by DOT, to no longer specify that that the land must be encumbered by utility easements or extend the authority to land that is otherwise being lawfully occupied by a public utility. Additionally authorizes a public utility (was, DOT only) to relocate the system to access utilities or facilities, with liability limited to gross negligence or willful misconduct, subject to notification of the SBI. Makes technical changes. 

    Makes technical changes to proposed GS 20-183.33.


  • Summary date: May 7 2021 - More information

    Amends GS 136-18, expanding the powers of the Department of Transportation (DOT) to include entering into agreements with the SBI for the placement and use of automatic license plate reader systems within land or rights-of-way owned by DOT or otherwise being lawfully occupied by a public utility, subject to three criteria, including that the the system is completely above ground, moveable, and contains no combustible fuel. Requires placement and use to terminate upon request by any affected public utility. Provides for DOT's authority to relocate the system to access its or public utilities' utilities or facilities, with liability limited to gross negligence or willful misconduct, subject to notification of the SBI. Defines public utility. 

    Enacts GS 20-183.33 to require an automatic license plate reader system placed by the SBI within land or right-of-way under new GS 136-18(47) to comply with the provisions of Article. Limits use of the data captured with such system, prohibiting using the data for the enforcement of traffic violations that are infractions of specified motor vehicle laws related to speeding. Directs the SBI to annually report to the specified NCGA committee on the number of requests made by law enforcement agencies under GS 20-183.32 for captured data obtained by such systems. 


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