Bill Summary for H 829 (2015-2016)

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Summary date: 

Apr 28 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 829 (Public) Filed Tuesday, April 14, 2015
AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY STATE GOVERNMENTAL ENTITIES.
Intro. by Speciale, Hardister, Glazier.

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Bill summary

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.