HP0836, LD 1124, item 1, An Act To Authorize the Use of Traffic Surveillance Cameras To Prove and Enforce Violations of Overtaking and Passing School Buses

An Act To Authorize the Use of Traffic Surveillance Cameras To Prove and Enforce Violations of Overtaking and Passing School Buses

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §2117, last ¶, as enacted by PL 2009, c. 223, §1, is amended to read:

This section does not apply to a photo-monitoring system, as defined by Title 23, section 1980, subsection 2-A, paragraph B, subparagraph 4, used by the Maine Turnpike Authority for toll enforcement purposes or to a traffic surveillance camera that is attached to a school bus used to enforce the provisions of section 2308. For purposes of this section, "school bus" has the same meaning as in section 2301, subsection 5.

Sec. 2. 29-A MRSA §2117-A, sub-§3, as enacted by PL 2009, c. 605, §1, is amended to read:

3. Exception. Subsection 2 does not apply to:

A. The Department of Transportation for the purposes of protecting public safety and transportation infrastructure;

B. The Department of Public Safety, Bureau of State Police for the purposes of commercial motor vehicle screening and inspection; and

C. Any state, county or municipal law enforcement agency when providing public safety, conducting criminal investigations and ensuring compliance with local, state and federal laws. For purposes of this paragraph, an automated license plate recognition system may use only information entered by a law enforcement officer as defined by Title 17-A, section 2, subsection 17 and based on specific and articulable facts of a concern for safety, wrongdoing or a criminal investigation or pursuant to a civil order or records from the National Crime Information Center database or an official published law enforcement bulletin . ; and

D. A municipality, law enforcement agency or school administrative unit using an automated license plate recognition system that is attached to a school bus in the enforcement of the provisions of section 2308. For purposes of this paragraph, "school bus" has the same meaning as in section 2301, subsection 5.

An authorized user under this subsection of an automated license plate recognition system may use an automated license plate recognition system only for the official and legitimate purposes of the user's employer.

Sec. 3. 29-A MRSA §2602, sub-§4, as amended by PL 2003, c. 498, §6 and affected by §12, is further amended to read:

4. Fines. Except as otherwise provided in this Title, fines and forfeitures collected under this Title accrue to the General Fund, except that:

A. Six percent of fines and forfeitures collected for all traffic infractions, including fines and forfeitures collected for traffic infractions under section 561-A, accrues to the Law Enforcement Agency Reimbursement Fund established in Title 4, section 173, subsection 4-B. This paragraph does not apply to sections 525, 1767 and 2363;

B. Of the fines and forfeitures collected for traffic infractions under sections 511, 2354, 2356, 2360, 2380, 2387 and 2388, 7% accrues to the General Fund, 6% accrues to the Law Enforcement Agency Reimbursement Fund and the balance accrues to the General Highway Fund; and

C. Of the fines and forfeitures collected for violations other than traffic infractions under sections 511, 2354, 2356, 2360, 2380, 2387 and 2388, only $5 or 13%, whichever is greater, accrues to the General Fund and the balance accrues to the Highway Fund . ; and

D. A fine collected for a violation of section 2308 accrues to the municipality in which the violation occurred.

summary

The bill allows a municipality, law enforcement agency or school administrative unit to enforce violations of overtaking and passing a school bus through the use of traffic surveillance cameras and automated license plate recognition systems that are attached to a school bus, and requires a fine imposed for a violation of overtaking and passing a school bus to accrue to the municipality in which the violation occurred.

This bill also makes technical corrections by removing references to the term "forfeitures" to reflect the current usage in the statutes of the term "fine."

HP0836 LD 1124	First Regular Session - 125th Maine Legislature		LR 1302 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer