Amends TCA Title 10, Chapter 7, Part 5; Title 38 and Title 55.
ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 439, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Clarifies that the department of transportation is authorized, but not required, to permit the installation of surveillance cameras operated by law enforcement agencies;<br /> <br /> (2) Requires, prior to the installation and operation of a surveillance camera by a local law enforcement agency, that the agency seek approval from the department of transportation. The agency must demonstrate to the department's satisfaction that the following conditions are met: <br /> <br /> (A) The manufacturer, surveillance camera, or any of the surveillance camera's components are not produced, assembled, or based in an entity appearing on a sanctions list published under the authority of the United States department of the treasury, office of foreign assets control; prohibited or restricted under the federal National Defense Authorization Act; prohibited or restricted under the federal SECURE Technology Act; or prohibited or restricted under United States department of commerce regulations on Information and Communications and Services Supply Chain; and <br /> <br /> (B) The manufacturer of and custodian of any data collected by the surveillance camera complied with present law that prohibits any captured plate data collected or retained by any governmental entity from being stored for more than 90 days unless the data is retained or stored as part of an ongoing investigation; ensures 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 United States; and ensures 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 United States as authorized by law;<br /> <br /> (3) Authorizes the department of transportation, at any time prior to or following its approval of a surveillance camera, to inspect the camera, components of the camera, and data collected by the camera to ensure compliance. In reviewing applications, the department is authorized to consult with the department of safety or any other state agency; and<br /> <br /> (4) Authorizes the department of transportation to revoke its approval and order the removal of cameras upon the determination that the manufacturer, camera, or custodian of data collected are not in compliance with the above requirements. <br />
ON MARCH 23, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 439, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Clarifies that the department of transportation is authorized, but not required, to permit the installation of surveillance cameras operated by law enforcement agencies;<br /> <br /> (2) Requires, prior to the installation and operation of a surveillance camera by a local law enforcement agency, that the agency seek approval from the department of transportation. The agency must demonstrate to the department's satisfaction that the following conditions are met: <br /> <br /> (A) The manufacturer, surveillance camera, or any of the surveillance camera's components are not produced, assembled, or based in an entity appearing on a sanctions list published under the authority of the United States department of the treasury, office of foreign assets control; prohibited or restricted under the federal National Defense Authorization Act; prohibited or restricted under the federal SECURE Technology Act; or prohibited or restricted under United States department of commerce regulations on Information and Communications and Services Supply Chain; and <br /> <br /> (B) The manufacturer of and custodian of any data collected by the surveillance camera complied with present law that prohibits any captured plate data collected or retained by any governmental entity from being stored for more than 90 days unless the data is retained or stored as part of an ongoing investigation; ensures 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 United States; and ensures 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 United States as authorized by law;<br /> <br /> (3) Authorizes the department of transportation, at any time prior to or following its approval of a surveillance camera, to inspect the camera, components of the camera, and data collected by the camera to ensure compliance. In reviewing applications, the department is authorized to consult with the department of safety or any other state agency; and<br /> <br /> (4) Authorizes the department of transportation to revoke its approval and order the removal of cameras upon the determination that the manufacturer, camera, or custodian of data collected are not in compliance with the above requirements. <br />
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