| 1 | 1 | | |
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| 2 | 2 | | <BillNo> <Sponsor> |
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| 3 | 3 | | |
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| 4 | 4 | | HOUSE BILL 294 |
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| 5 | 5 | | By Clemmons |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | HB0294 |
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| 9 | 9 | | 001770 |
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| 10 | 10 | | - 1 - |
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| 11 | 11 | | |
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| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Section |
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| 13 | 13 | | 55-8-198, relative to surveillance cameras. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 16 | 16 | | SECTION 1. Tennessee Code Annotated, Section 55-8-198(f)(1), is amended by |
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| 17 | 17 | | deleting the subdivision and substituting instead: |
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| 18 | 18 | | (1) Surveillance cameras are not permitted on federal interstate highways, |
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| 19 | 19 | | except for: |
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| 20 | 20 | | (A) SmartWay cameras; |
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| 21 | 21 | | (B) Other intelligent transportation system cameras; and |
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| 22 | 22 | | (C) Surveillance cameras operated only by a state entity and used to: |
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| 23 | 23 | | (i) Enforce or monitor traffic violations within work zones |
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| 24 | 24 | | designated by the department of transportation when employees of the |
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| 25 | 25 | | department or construction workers are present; or |
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| 26 | 26 | | (ii) Aid in the investigation and prevention of terrorism and state |
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| 27 | 27 | | criminal offenses other than traffic violations. |
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| 28 | 28 | | SECTION 2. Tennessee Code Annotated, Section 55-8-198, is amended by adding the |
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| 29 | 29 | | following as a new subsection: |
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| 30 | 30 | | (o) |
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| 31 | 31 | | (1) As used in this subsection (o), "traffic violation" means a violation of |
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| 32 | 32 | | this chapter or chapter 9 of this title or parts 1-4 of chapter 10, or a violation of a |
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| 33 | 33 | | municipal ordinance regulating traffic, including those that regulate parking. |
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| 34 | 34 | | (2) Notwithstanding another law, a county or municipality may purchase, |
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| 35 | 35 | | install, operate, and maintain surveillance cameras on any public road or |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001770 |
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| 39 | 39 | | |
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| 40 | 40 | | highway, other than a federal interstate highway, for the purpose of aiding in the |
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| 41 | 41 | | investigation and prevention of terrorism and state criminal offenses; provided, |
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| 42 | 42 | | that: |
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| 43 | 43 | | (A) Such use is consistent with the continued use, operations, |
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| 44 | 44 | | maintenance, and safety of the highway facility and does not interfere |
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| 45 | 45 | | with the free and safe flow of traffic; |
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| 46 | 46 | | (B) The cameras are only operated by local law enforcement |
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| 47 | 47 | | agencies; |
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| 48 | 48 | | (C) The cameras must not be used to enforce or monitor state or |
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| 49 | 49 | | local traffic violations or issue citations for such violations; and |
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| 50 | 50 | | (D) If the cameras are used on state roads, the local law |
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| 51 | 51 | | enforcement agency has obtained approval from the department of |
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| 52 | 52 | | transportation in the manner provided in subdivision (f)(3) prior to the |
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| 53 | 53 | | installation and operation of the cameras, and the cameras and their use |
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| 54 | 54 | | are subject to subdivisions (f)(4)-(6). |
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| 55 | 55 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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