North Carolina 2021-2022 Session Status: Died 1 R cosponsors

HB 886 — Authorize License Plate Readers in State Right-Of-Way.

Last action — Reptd Fav Com Substitute

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

48 added · 46 removed

Plain-language change summary

The recent amendments to House Bill 886 clarify the restrictions on how data from automatic license plate reader systems can be used by the North Carolina State Bureau of Investigation. Specifically, it ensures that this data cannot be used for enforcing certain traffic violations. This change is important because it aims to protect citizens' privacy and prevent misuse of technology that collects vehicle information. By imposing these restrictions, the bill seeks to maintain public trust in law enforcement practices.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 886 Committee Substitute Favorable 5/11/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 886 Short Title:
Representatives Faircloth and Greene (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
May 5, 2021 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE NORTH CAROLINA STATE BUREAU OF INVESTIGATIONTOPLACEAUTOMATIC LICENSEPLATEREADERSYSTEMSON DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY.
Transportation, if favorable, Judiciary 3, if favorable, Rules, Calendar, and Operations of the House May 5, 2021 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE NORTH CAROLINA STATE BUREAU OF INVESTIGATIONTOPLACEAUTOMATIC LICENSEPLATEREADERSYSTEMSON DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY.
20-183.30(1), within land or right-of-way owned by the Department of Transportation;
20-183.30(1), within land or right-of-way owned by the Department of Transportation that is encumbered by utility easements, or otherwise being lawfully occupied by a public utility;
provided that (i) the use of the land or right-of-way is temporary in nature, (ii) the automatic license plate reader system is completely above ground, moveable, and contains no combustible fuel, and (iii) the placement and use does not unreasonably interfere with the operation and maintenance of public utility facilities or cause the facilities to fail to comply with all applicable laws, codes, and regulatory requirements.
provided that (i) the useofthelandorright-of-wayistemporaryinnature,(ii)theautomaticlicense plate reader system is completely above ground, moveable, and contains no combustible fuel, and (iii) the placement and use does not unreasonably interfere with the operation and maintenance of associated public utility facilities or cause the facilities to fail to comply with all applicable laws, codes,and regulatoryrequirements.Placementanduseofan automaticlicense plate reader system and related equipment under this subdivision must be terminated and removed by the Department upon request by any affected public utility.
Placement and use of an automatic license plate reader system and related equipment under this subdivision must be terminated and removed by the Department upon request by any affected public utility.
The Department may relocate an automatic license plate reader system and related equipment in theevent thatthe Department or publicutility needs immediate access to its utilities or facilities and shall only be liable for damages to the automatic license plate reader system and related equipment caused solely by its gross negligence or willful misconduct.
The Department or a publicutilitymayrelocateanautomaticlicenseplatereadersystem andrelated equipment in the event that the Department or public utility needs immediate access to its utilities or facilities and shall only be liable for damages to the automatic license plate reader system and related equipment caused solely by its gross negligence or willful misconduct.
If the automatic license plate reader system or related equipment is moved for immediate access, the Department must provide notice to the State Bureau of Investigation.
If an automatic license plate reader system or related equipment is moved for immediate access, the Department or applicable public utility must provide notice to the State Bureau of Investigation.
"§ 20-183.33.
*H886-v-1* General Assembly Of North Carolina Session 2021 "§ 20-183.33.
State Bureau of Investigation automatic license plate reader systems within Department of Transportation land or right-of-way;
State Bureau of Investigation automatic license plate reader systems within certain Department of Transportation land or right-of-way;
*H886-v-2* General Assembly Of North Carolina Session 2021 (a) Compliance.
(a) Compliance.
(b) Captured Plate Data Use Restriction.
(b) Captured Plate Date Use Restriction.
Page 2 House Bill 886-Second Edition
Page 2 House Bill 886-First Edition
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How this bill changes current law

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Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill authorizes the placement and use of automatic license plate reader systems within Department of Transportation right-of-way by the North Carolina State Bureau of Investigation, while imposing certain restrictions.

  • G.S. 136-18

    (47) To enter into agreements with the North Carolina State Bureau of Investigation for the placement and use of automatic license plate reader systems, as defined in G.S. 20-183.30(1), within land or right-of-way owned by the Department of Transportation; provided that (i) the use of the land or right-of-way is temporary in nature, (ii) the automatic license plate reader system is completely above ground, moveable, and contains no combustible fuel, and (iii) the placement and use does not unreasonably interfere with the operation and maintenance of public utility facilities or cause the facilities to fail to comply with all applicable laws, codes, and regulatory requirements.

    The Department of Transportation is now empowered to enter into agreements for the use of automatic license plate reader systems in its right-of-way.

  • G.S. 20-183.30

    § 20-183.33. State Bureau of Investigation automatic license plate reader systems within Department of Transportation land or right-of-way; compliance and use restriction; report.

    Establishes a new section outlining compliance and restrictions on the use of data obtained from automatic license plate readers by the State Bureau of Investigation when placed in Department of Transportation land.

  • G.S. 20-183.33

    Captured plate data obtained with automatic license plate reader systems placed and used by the North Carolina State Bureau of Investigation within land or right-of-way pursuant to G.S. 136-18(47) may not be used for the enforcement of traffic violations that are infractions or violations of G.S. 20-141, 20-141.1, 20-141.5, and 20-158.

    Prohibits the use of data from automatic license plate readers for enforcing certain traffic violations.

  • G.S. 20-183.33

    No later than March 1 of each year, the North Carolina State Bureau of Investigation must report to the Joint Legislative Oversight Committee on Justice and Public Safety on the number of requests, pursuant to G.S. 20-183.32, made by law enforcement agencies for captured plate data obtained by automatic license plate reader systems placed pursuant to G.S. 136-18(47).

    Imposes a reporting requirement on the State Bureau of Investigation regarding requests for plate data from the automatic license plate readers.

Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Judiciary 3

  3. Passed 1st Reading

  4. Ref to the Com on Transportation, if favorable, Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

  5. Filed

Sponsors

  • Faircloth · Primary
  • Dudley Greene · Primary
  • McNeill · Cosponsor

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • McNeill

Not signed on (176)

176 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 886?
HB 886 is sponsored by Faircloth, Dudley Greene (Republican), and McNeill.
What is the current status of HB 886?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 886?
Track HB 886 free on One Click Politics — get push/email alerts when it moves.

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