A BILL TO BE ENTITLED AN ACT TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO AGREEMENTS WITH LOCAL GOVERNMENTS TO ALLOW PUBLIC SAFETY TECHNOLOGY IN THE RIGHTS-OF-WAY OF THE STATE HIGHWAY SYSTEM; AND TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
Senate amendments make the following changes to the 2nd edition.
Amendment #1 enacts new Article 3D, Automatic License Plate Reader System, in GS Chapter 20. Requires any state or local law enforcement agency using an automatic license plate reader system to adopt a written policy governing the use of the system before the system is operational. Specifies eight issues that must be addressed by the policy, including data retention, sharing of data with other law enforcement agencies, and internal data security and access. Prohibits preserving data obtained by an automatic license plate reader system for more than 120 days unless there is a written, articulable, and recorded basis that the data has intelligence or investigatory value or may become evidence in a specific criminal action. Makes data obtained by an automatic license plate reader system confidential and not public record. Allows disclosure to federal, state, or local law enforcement agencies for a legitimate law enforcement or public safety purpose pursuant to a written request. Effective December 1, 2014. Makes conforming changes to the act's title.
Amendment #2 amends proposed GS 136-18 as follows. Defines public utility to mean: a public utility, as defined in GS 62-3(23); an electric membership corporation; telephone membership corporation; a joint municipal power agency; or a city or county engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use. Provides that the Department of Transportation's (Department) agreements with governmental entities may be for the use of an encroachment upon the right-of-way of any road designated as part of the state highway system for the installation and use of aboveground public safety technology (previously did not have to be aboveground). Adds that agreements must meet the following requirements: (1) not unreasonably interfere with the use of such right-of-way by a public utility with facilities already located within the right-of-way, (2) use must immediately be terminated and any public safety technology and related equipment removed upon an affected public utility's request, and (3) any entity installing such public safety technology must comply with the provision of GS Chapter 87 Article 8A (Underground Utility Safety and Damage Prevention Act). Adds to the Department's powers approving requests by governmental entities to use land or rights-of-way owned by the Department that are encumbered by utility easements for the installation and use of aboveground public safety technology, provided that (1) the use is temporary; (2) all public safety technology is completely aboveground, easily moveable, and contains no combustible fuel; (3) the use does not unreasonably interfere with the operation and maintenance of the utility facility or cause it to fail to comply with all applicable laws, codes, and regulations; (4) the use is immediately terminated and any public safety technology and related equipment removed upon an affected public utility's request; and (5) any entity installing such public safety technology must comply with the provision of GS Chapter 87, Article 8A (Underground Utility Safety and Damage Prevention Act). Adds that nothing in the new subdivision relieves any entity of the obligation to comply with GS Chapter 87, Article 8A. Deletes provision allowing the Department to approve agreements between utilities and public entities for the use and encroachment upon utility easements previously granted by the Department for the purposes of installing public safety technology.
Amendment #3 makes a technical change.
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