Bill Summary for S 298 (2015-2016)

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Summary date: 

Aug 26 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 298 (Public) Filed Tuesday, March 17, 2015
AN ACT TO AUTHORIZE THE USE OF PHOTOGRAPHIC OR VIDEO EVIDENCE FOR THE CIVIL ENFORCEMENT OF VIOLATIONS FOR PASSING A STOPPED SCHOOL BUS.
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Bill summary

House committee substitute makes the following change to the 4th edition. 

Rewrites proposed GS 153A-246, regarding civil enforcement proceedings using photographs and videos from school bus safety cameras, among other things to release the registered owner of a vehicle from liability if the owner does not receive notice within 60 (was, 90) days after the date of the violation. Requires that a citation include an image showing the vehicle involved in the violation, affirmation from a county employee or law enforcement officer, and certain warnings about the consequences of failure to respond. Institutes a step penalty system wherein a first offense results in a penalty of $400, a second in $750, and all subsequent in $1,000; the 4th edition simply provided for a civil penalty of $500. Removes a requirement that decisions in nonjudicial administrative hearings be made by persons who are not employed by the county, the school system, or certain vendors. Replaces a reference to "personal service" of a citation with a reference to GS 1A-1, Rule 4, which governs service of process. Expands on the requirements of the nonjudicial administrative hearings and appeals to the General Court of Justice. Includes a statement that criminal prosecution, rather than the new civil enforcement mechanism, is the preferred method of enforcement when identification of a motor vehicle operator is possible. 

Amends proposed GS 115C-242.1 to require compliance with GS 143-129 pertaining to public contracts and includes a provision allowing renewal or extension of contracts for only one additional term of three years. Includes a reference to the statutory provisions governing interlocal agreements and adds that law enforcement agencies may enter into such agreements.

Deletes a requirement that the North Carolina Administrative Office of the Courts annually submit a report to the North Carolina Child Fatality Task Force and the General Assembly regarding offenses and convictions under GS 20-217, the criminal offense of failure to stop for a school bus. 

Changes the effective date of the provision governing the Division of Motor Vehicle's authority to refuse registration to one year after becoming law, with the remainder of the act effective upon becoming law. The 4th edition contained an effective date of July 1, 2015.

Makes technical and conforming changes.