AN ACT TO AUTHORIZE THE USE OF PHOTOGRAPHIC OR VIDEO EVIDENCE FOR THE CIVIL ENFORCEMENT OF VIOLATIONS FOR PASSING A STOPPED SCHOOL BUS. Enacted July 25, 2017. Section 3 is effective July 25, 2018, and applies to the registration of any motor vehicle whose owner's failure to pay a civil penalty due under GS 153A-246 is reported by a county to the DMV on or after the effective date of this act. The remainder is effective July 25, 2017.
Bill Summaries: S55 SCHOOL BUS CAMERAS/CIVIL PENALTIES.
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Bill S 55 (2017-2018)Summary date: Jul 28 2017 - View Summary
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Bill S 55 (2017-2018)Summary date: Mar 8 2017 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 153A-246(b) to clarify that a county ordinance adopted pursuant to the authority granted under the statute for the civil enforcement of GS 20-217 (provisions making it unlawful to pass a stopped school bus that is receiving or discharging passengers) by means of an automated school bus safety camera does not apply to any violation of GS 20-217 that results in death or injury.
Amends the required contents of a citation to require including a copy of a statement or electronically generated affirmation of a law enforcement officer (previously, of a county employee or law enforcement officer) stating that the owner's motor vehicle was operated in violation of the ordinance adopted pursuant to new GS 153A-246.
Adds to the proposed provision set forth in subdivision (12) of subsection (b) prohibiting imposing a civil penalty under this statute in a situation where a person is charged in a criminal pleading with a violation of GS 20-217 arising out of the same facts as those for which a civil penalty would be imposed. Requires the charging law enforcement agency to provide written notice to the county office responsible for processing civil citations pursuant to proposed GS 153A-246(b)(7) containing the name and address of the person charged with violation of GS 20-217 and the date of the violation. Directs that after receiving that notice, the county is prohibited from imposing a civil penalty as the previous edition provided. Adds a mandate that a county must issue a full refund of any civil penalty payment received, along with interest as specified, from a person who was charged with a criminal pleading with a violation of GS 20-217 if the civil penalty arose from the same facts as those for which the person was charged in the criminal pleading. Requires the county to provide each law enforcement agency within its jurisdiction the name and address of the county official to whom written notice of persons charged with violation of GS 20-217 is to be given pursuant to subdivision (12) of subsection (b).
Adds subsection (e) to proposed GS 153A-246 to establish that the General Assembly encourages criminal prosecution for violation of GS 20-217 whenever photos or videos recorded by an automated school bus safety camera provide sufficient evidence to support criminal prosecution.
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Bill S 55 (2017-2018)Summary date: Feb 8 2017 - View Summary
Section 1
Enacts GS 153A-246, Use of photographs or videos recorded by automated school bus safety cameras, to authorize a county to adopt an ordinance for the enforcement of GS 20-217 (provisions making it unlawful to pass a stopped school bus that is receiving or discharging passengers) by means of an automated school bus safety camera installed and operated on any school bus within that county. Defines school bus and automated school bus safety camera. Requires a citation for the violation of an ordinance authorized by this statute to be received by the registered owner of the vehicle no more than 60 days after the date of the violation. Sets out the required contents of a citation, including the date, time, and location of the violation; civil penalty amount and date by which the penalty must be paid or contested; an image taken from the recorded image showing the vehicle in violation; and warnings of the consequences for failure to pay. Makes the registered owner responsible for the violation unless (1) the vehicle was in the care, custody, or control of another person at the time of the violation or (2) the citation was not received by the registered owner within 60 days after the date of the violation. Allows a person or company other than the registered owner to be issued a citation if the registered owner provides an affidavit that the vehicle was in the care, custody, or control of another person or company at the time of the violation. Provides an avenue of contest to a person issued a citation to request a hearing in writing, along with an affidavit for the basis of the contest, to the officials/agents of the county that issued the citation within 30 days. Sets parameters for service of process of the citation and nonjudicial administrative hearings to hear contested citations. Provides a right of appeal.
Sets the penalty amount for the first violation at $400, the second violation at $750, and $1,000 for each subsequent violation. Sets an additional late penalty of $100 for failure to pay within 30 days of receipt. Directs the Division of Motor Vehicles to refuse to register a motor vehicle if the registered owner receives a citation under this statute and fails to pay the civil penalty when due. Clarifies that violation of the ordinance is a noncriminal violation for which no license or insurance points may be assigned to the registered owner or driver of the vehicle. Prohibits imposing a civil penalty against a person who is charged in a criminal pleading for a violation of GS 20-217 arising out of the same facts.
Mandates that an automated school bus safety camera installed on a school bus must be identified by warning signs conspicuously posted on the school bus, and that the signs are to be consistent with a statewide standard adopted by the State Board of Education. Clarifies that nothing in the statute (1) requires the installation and operation of automated school bus safety cameras on a school bus, (2) prohibits the use and admissibility of any photograph or video recorded by an automated school bus safety camera in a criminal proceeding alleging a GS 20-217 violation, or (3) prohibits the imposition of penalties on any registered owner or driver of a vehicle convicted of a misdemeanor or felony violation of GS 20-217.
Section 2
Enacts GS 115C-242.1 to set out provisions for the installation and operation of automated school bus safety cameras operated by a local board of education within a county that has adopted an ordinance under new GS 153A-246. Allows a local board of education to install and operate automated school bus safety cameras with or without contracting with a private vendor, as specified. Also authorizes the State Board of Education to enter into a contract for statewide or regional services upon request by one or more local boards of education, as specified. Allows for any local board of education, board of county commissioners, and law enforcement agency to enter into interlocal agreements pursuant to Part 1 of Article 20 of GS Chapter 160A (Joint Exercise of Powers in Interlocal Cooperation) that is necessary and proper to implement GS 153A-246. Requires any photographs or videos recorded by an automated school bus safety camera that capture a violation of GS 20-217 to be provided to the investigating law enforcement agency for use as evidence in any proceeding alleging violation of the same. Provides that a local board of education that, prior to the effective date of this act, entered into a contract with a private vendor to install and operate automated school bus safety cameras is not required to comply with the requirements of new GS 115C-242.1(b)(2) (requirements of local boards contracting with private vendors).
Section 3 makes technical and conforming changes to GS 20-54, effective one year after this act becomes law and applicable to the registration of any motor vehicle whose owner's failure to pay a civil penalty under GS 153A-246 is reported to the Division of Motor Vehicles on or after the effective date of the act.
Section 4 makes technical and conforming changes to GS 20-217.
Section 5
Requires a county that adopts an ordinance under GS 153A-246 to maintain records of all violations for which a civil penalty is assessed. Requires the county to provide at least five years of those records to the North Carolina Child Fatality Task Force and the General Assembly upon request.
Section 6
Directs the State Board of Education to develop a model request for proposals and model contract within 90 days of the enactment of this act that local boards of education may use in letting contracts in accordance with GS 115C-242.1(b)(2). Requires the State Board and the Department of Public Instruction to provide technical assistance to a local board of education on contractual process upon request.