SB 55 — School Bus Cameras/Civil Penalties.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 21 SENATE BILL 55 Judiciary Committee Substitute Adopted 3/8/17 Short Title:

Senators McInnis and Alexander (Primary Sponsors).

Rules and Operations of the Senate February 9, 2017 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE USE OF PHOTOGRAPHIC OR VIDEO EVIDENCE FOR THE CIVIL ENFORCEMENT OF VIOLATIONS FOR PASSING A STOPPED SCHOOL BUS.

An ordinance adopted pursuant to this section shall not apply to any violation of G.S.

20-217 that results in injury or death.

*S55-v-2* General Assembly Of North Carolina Session 2017 b.

*S55-v-1* General Assembly Of North Carolina Session 2017 c.

A copy of a statement or electronically generated affirmation of a county employee, or a law enforcement officer employed by a law enforcement agency with whom an agreement has been reached pursuant to G.S.

115C-242.1(c)115C-242.1(c), stating that, based upon inspection of the recorded images, the owner's motor vehicle was operated in violation of the ordinance adopted pursuant to this subsection.

Page 2 Senate Bill 55-Second Edition General Assembly Of North Carolina Session 2017 (8) If the person to whom a citation is issued makes a timely request for a hearing pursuant to subdivision (3) of this subsection, a summons shall be issued by any method permitted for service of process pursuant to G.S.

1A-1, Rule 4 of the North Carolina Rules of Civil Procedure, directing the person to appear at the Page 2 Senate Bill 55-First Edition General Assembly Of North Carolina Session 2017 place and time specified in the summons in order to contest the citation at an administrative hearing.

(12) InA thecivil eventpenalty shall not be imposed under this subsection against a person who is charged in a criminal pleading with a violation of G.S.

20-217,20-217 allarising out of the followingsame shallfacts apply:as those for which the civil penalty would be imposed.

a.

The charging law enforcement agency shall provide written notice to the county office responsible for processing civil citations pursuant to subdivision (7) of subsection (b) of this section containing the name and address of the person charged with violation of G.S.

20-217 and the date of the violation.

b.

After receiving notice pursuant to this subdivision that a person has been charged in a criminal pleading with a violation of G.S.

20-217, the county shall not impose a civil penalty against that person arising out of the same facts as those for which the person was charged in the criminal pleading.

c.

The county shall issue a full refund of any civil penalty payment received from a person who was charged in a criminal pleading with a violation of G.S.

20-217 if the civil penalty arose out of the same facts as those for which that person was charged in the criminal pleading, together with interest at the legal rate as provided by G.S.

24-1 from the date the penalty was paid until the date of refund.

If Senate Bill 55-Second Edition Page 3 General Assembly Of North Carolina Session 2017 the citation is contested, and the result of the administrative hearing held pursuant to subdivision (10) of this subsection is a decision adverse to the citation recipient, then payment is due within 30 days after receipt of the adverse decision, unless the citation recipient appeals the adverse decision pursuant to subdivision (11) of this subsection.

(15) The county shall provide each law enforcement agency within its jurisdiction with the name and address of the county official to whom written notice of persons charged with violation of G.S.

20-217 should be given pursuant to subdivision (12) of this subsection.

Senate Bill 55-First Edition Page 3 General Assembly Of North Carolina Session 2017 (d) Application.

20-217.20-217." SECTION 2.

(e) Criminal Prosecution Encouraged.

– The General Assembly of North Carolina encourages criminal prosecution for violation of G.S.

20-217 whenever photographs or videos recorded by an automated school bus safety camera provide evidence sufficient to support such prosecution." SECTION 2.

Contracts Page 4 Senate Bill 55-Second Edition General Assembly Of North Carolina Session 2017 shall be let in accordance with the provisions of G.S.

… Page 4 Senate Bill 55-First Edition General Assembly Of North Carolina Session 2017 (11) The Division has been notified (i) pursuant to G.S.

The State Board of Education and the Senate Bill 55-Second Edition Page 5 General Assembly Of North Carolina Session 2017 Department of Public Instruction shall provide technical assistance to a local board of education on this process upon a request by the local board.

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