HB 615 — NC Highway Safety Act of 2023.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2023 H 1 HOUSE BILL 615 Short Title:

615 Apr 13, 2023 SESSION 2023 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10298-NEfa-140 Short Title:

RepresentativeRepresentatives Cervania.Cervania, Prather, and Budd (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Appropriations, if favorable, Finance, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House April 17, 2023 A BILL TO BE ENTITLED AN ACT TO ESTABLISH A PILOT PROGRAM TO IMPROVE PUBLIC SAFETY BY AUTHORIZINGTHEUSEOFELECTRONICSPEED-MEASURINGSYSTEMSBYTHE DEPARTMENT OF TRANSPORTATION TO DETECT SPEED LIMIT VIOLATIONS IN HIGHWAY WORK ZONES;

TOCREATEANEWSPECIALTOCREATEANEW SPECIAL FUND WITHIN THE STATE CIVIL PENALTY AND FORFEITURE FUND;

*H615-v-1* General Assembly Of North Carolina Session 2023 (f) Penalty.

20-141(j2) that is detected by an electronic speed-measuring system is a noncriminal violation for which a civil *DRH10298-NEfa-140* General Assembly Of North Carolina Session 2023 penalty shall be assessed and for which no points authorized by G.S.

– The registered owner of a vehicle cited for a speeding violation detected by an electronic speed-measuring system shall be responsible for anyanypenalty penalty imposed under this section unless, within 30 days of service of the notification of violation, the owner provides to the Division of Motor Vehicles a sworn affidavit containing the information listed in one of the subdivisions of this subsection.

20-141(j2), then the officer shall notifynotifythe the Department of Transportation within 48 hours of the citation or arrest.

– A person dissatisfied with the decision of the Division of Motor Vehicles may appeal the decision to the district court of the county in which the violation occurred by filing a notice of the appeal with the clerk of superior court in the county where the violation Page 2 House Bill 615-First Edition General Assembly Of North Carolina Session 2023 occurred within 30 days of notification of a final decision by the Division.

The Attorney General shall Page 2 DRH10298-NEfa-140 General Assembly Of North Carolina Session 2023 represent the State in the appeal unless otherwise agreed upon by the Attorney General and the district attorney in the county where the violation occurred.

– The results of the use of an electronic speed-measuring system satisfyingsatisfyingtherequirements therequirements ofsubsection(b)ofthis section and authorizedbyauthorized G.S.byG.S.

There is established within the Civil Penalty and Forfeiture Fund a special fund entitled the Civil PenaltyPenaltyLitigation Litigation Fund to be administered by the Office of State Budget and Management.

The Civil PenaltyPenaltyLitigation Litigation Fund shall include seventy-five percent (75%) of civil penalties paid pursuant to G.S.

The payments to the Civil Penalty Litigation Fund areintended to satisfythejudgment enteredonAugustentered on August 8, 2008, in North Carolina School Boards Association, et al., v.

The Secretary of Transportation shall report to the Joint Legislative Transportation Oversight Committee, the Joint Legislative Education Oversight Committee, and the Joint Legislative Commission on Governmental Operations on the pilot program authorized House Bill 615-First Edition Page 3 General Assembly Of North Carolina Session 2023 by this act and shall include recommendations for extension, alteration, or continuance of the program.

The report shall include the process and costs of purchasing equipment and contracting for services necessary for implementation, the number of violations detected, the number of DRH10298-NEfa-140 Page 3 General Assembly Of North Carolina Session 2023 violations appealed, the number and amount of penalties collected, the amount paid into the Civil Penalty Litigation Fund, the amount paid into the State Public School Fund, the cost to the Department of Transportation for operating the program, and any other matter that will assist in evaluating the effectiveness of the program.

Page 4 DRH10298-NEfa-140House Bill 615-First Edition