Amends TCA Title 10, Chapter 7, Part 5; Title 38 and Title 55.
FEDERAL INTERSTATE HIGHWAY SURVEILLANCE CAMERAS Present law prohibits surveillance cameras on federal interstate highways, except for (i) SmartWay cameras; (ii) other intelligent transportation system cameras; and (iii) surveillance cameras used to enforce or monitor traffic violations within work zones designated by the department of transportation ("department") when employees of the department or construction workers are present, so long as the cameras are operated only by a state entity. Present law provides that in accordance with applicable state and federal laws governing the use or management of highway rights-of-way and subject to the approval of the federal highway administration as required by federal law, the department is authorized to permit the installation of surveillance cameras operated by law enforcement agencies on federal interstate highways and state roads as a non-highway use of the highway right-of-way for the purpose of aiding in criminal investigations or searches for missing or endangered persons to the extent that such use is consistent with the continued use, operations, maintenance, and safety of the highway facility and does not interfere with the free and safe flow of traffic. However present law prohibits these cameras from being used to enforce or monitor state or local traffic violations or issue citations for such violations. APPROVAL AND COMPLIANCE Prior to the installation and operation of a surveillance camera by a local law enforcement agency, present law requires the local law enforcement agency to seek approval from the department. The local law enforcement agency must demonstrate to the department's satisfaction the following: (1) The manufacturer, surveillance camera, or any of the surveillance camera's components are not (i) produced, assembled, or based in an entity appearing on a sanctions list published under the authority of the U.S. department of the treasury, office of foreign assets control; (ii) prohibited or restricted under the National Defense Authorization Act; (iii) prohibited or restricted under the SECURE Technology Act; or (iv) prohibited or restricted under U.S. department of commerce regulations on Information and Communications and Services Supply Chain; and (2) The manufacturer of and custodian of any data collected by the surveillance camera must (i) comply with the law relevant to automated license plate recognition systems; (ii) ensure that all aspects of the manufacturer's and custodian's data services, data retention, information technology, or other internal data management processes are contained and managed within the U.S.; and (iii) ensure that all data and metadata collected by the surveillance camera are not used for commercial purposes or sold, other than sharing with other law enforcement agencies in the U.S. as authorized by law. At any time prior to, or following the department's approval of a surveillance camera, this bill authorizes the department to inspect the surveillance camera, components of the surveillance camera, and data collected by the surveillance camera in order to ensure compliance with the present law. The department may consult with the department of safety, or any other state agency to review applications and determine compliance with the present law. The department may revoke its approval and order the removal of surveillance cameras upon a determination that the manufacturer, surveillance camera, or custodian of data collected by a surveillance camera are not in compliance with the present law. This bill deletes all the provisions under this approval and compliance heading.
FEDERAL INTERSTATE HIGHWAY SURVEILLANCE CAMERAS Present law prohibits surveillance cameras on federal interstate highways, except for (i) SmartWay cameras; (ii) other intelligent transportation system cameras; and (iii) surveillance cameras used to enforce or monitor traffic violations within work zones designated by the department of transportation ("department") when employees of the department or construction workers are present, so long as the cameras are operated only by a state entity. Present law provides that in accordance with applicable state and federal laws governing the use or management of highway rights-of-way and subject to the approval of the federal highway administration as required by federal law, the department is authorized to permit the installation of surveillance cameras operated by law enforcement agencies on federal interstate highways and state roads as a non-highway use of the highway right-of-way for the purpose of aiding in criminal investigations or searches for missing or endangered persons to the extent that such use is consistent with the continued use, operations, maintenance, and safety of the highway facility and does not interfere with the free and safe flow of traffic. However present law prohibits these cameras from being used to enforce or monitor state or local traffic violations or issue citations for such violations. APPROVAL AND COMPLIANCE Prior to the installation and operation of a surveillance camera by a local law enforcement agency, present law requires the local law enforcement agency to seek approval from the department. The local law enforcement agency must demonstrate to the department's satisfaction the following: (1) The manufacturer, surveillance camera, or any of the surveillance camera's components are not (i) produced, assembled, or based in an entity appearing on a sanctions list published under the authority of the U.S. department of the treasury, office of foreign assets control; (ii) prohibited or restricted under the National Defense Authorization Act; (iii) prohibited or restricted under the SECURE Technology Act; or (iv) prohibited or restricted under U.S. department of commerce regulations on Information and Communications and Services Supply Chain; and (2) The manufacturer of and custodian of any data collected by the surveillance camera must (i) comply with the law relevant to automated license plate recognition systems; (ii) ensure that all aspects of the manufacturer's and custodian's data services, data retention, information technology, or other internal data management processes are contained and managed within the U.S.; and (iii) ensure that all data and metadata collected by the surveillance camera are not used for commercial purposes or sold, other than sharing with other law enforcement agencies in the U.S. as authorized by law. At any time prior to, or following the department's approval of a surveillance camera, this bill authorizes the department to inspect the surveillance camera, components of the surveillance camera, and data collected by the surveillance camera in order to ensure compliance with the present law. The department may consult with the department of safety, or any other state agency to review applications and determine compliance with the present law. The department may revoke its approval and order the removal of surveillance cameras upon a determination that the manufacturer, surveillance camera, or custodian of data collected by a surveillance camera are not in compliance with the present law. This bill deletes all the provisions under this approval and compliance heading.
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