Amended

March 06, 2024

H. 5146

Introduced by Reps. Lowe, Jordan, Kirby, Alexander and Williams

S. Printed 03/06/24--H.

Read the first time February 27, 2024

________

-before:always'>

A joint Resolution

TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO EXPEDITIOUSLY AND FULLY COOPERATE WITH FLORENCE COUNTY AND THE CITY OF FLORENCE IN FACILITATING THE INSTALLATION AND USE OF AUTOMATIC LICENSE PLATE READERS FUNDED BY THE GENERAL ASSEMBLY or local funds AT INTERSECTIONS OF ROADWAYS MAINTAINED BY THE DEPARTMENT ANYWHERE IN FLORENCE COUNTY.

    Amend Title To Conform

Whereas, in an effort to promote public safety in Florence County, the General Assembly appropriated $397,500 to the City of Florence Police Department for the purchase and implementation of automatic license plate readers in the 2023-2024 Appropriations Act; and

Whereas, in the course of implementing this appropriation, law enforcement in Florence County have encountered resistance from the Department of Transportation, which has declined to allow the placement of automatic license plate readers at intersections of roadways maintained by the department in Florence County; and

Whereas, the General Assembly finds it necessary and appropriate to direct the Department of Transportation to expeditiously and fully cooperate with Florence County and the City of Florence in facilitating the installation and use of automatic license plate readers at intersections of roadways maintained by the department anywhere in Florence County. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  (A) The South Carolina Department of Transportation shall expeditiously and fully cooperate with Florence County and the City of Florence in facilitating the installation and use of automatic license plate readers funded by the General Assembly in the 2023-2024 Appropriations Act, or through local funds, at intersections of roadways maintained by the department anywhere in the county.

    (B) Florence County and the City of Florence are authorized and shall collect and maintain data from automated license plate readers referred to in subsection (A) for a maximum of ninety days; provided, however, if the data is a part of an ongoing criminal investigation, the data may be retained until the final disposition of the case. For purposes of this joint resolution, an ongoing criminal investigation does not include investigations of minor traffic violations, and in no event may data collected from the readers be used to investigate or prosecute minor traffic violations.

    (C) Florence County and the City of Florence, or a vendor acting on behalf of either, may not use data collected and stored from automated license plate readers referred to in subsection (A) for commercial purposes.

    (D) Data collected or retained from a license plate reader referred to in subsection (A) is not subject to disclosure under the Freedom of Information Act.

    (E) For purposes of this joint resolution:

       (1) "automated license plate reader" means a mobile or fixed automated high-speed camera used in combination with computer algorithms to convert images of license plates into computer-readable data; and

       (2) "minor traffic violations" include violations of Section 56-5-1520(G)(1), (2), or (3).

break-after:avoid'>SECTION 2.  This joint resolution takes effect upon approval by the Governor.

break-after:avoid'>----XX----