2001-2002 Bill 4143: DUI, Illegal Per Se, Compulsory Testimony Postponed Until General

BIL: 4143 RTN: 163 ACN: 165 TYP: Joint Resolution JR INB: House IND: 20010517 PSP: A. Young SPO: A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh DDN: l:\council\bills\bbm\10412htc01.doc DPB: 20010607 LAD: 20010607 GOV: U Became law without signature of Governor DGA: 20020110 SUB: DUI, Illegal Per Se, compulsory testimony postponed until General Assembly funds, appropriates; Transportation, SLED

Body Date Action Description Com Leg Involved ______------20020207 Act No. A165 ------20020110 Unsigned, became law without signature of Governor ------20010628 Ratified R163 House 20010607 Concurred in Senate amendment, enrolled for ratification Senate 20010607 Amended, read third time, returned to House with amendment ------20010606 Scrivener's error corrected Senate 20010605 Amended, read second time, notice of general amendments Senate 20010605 Recalled from Committee, 11 SJ Senate 20010523 Introduced, read first time, 11 SJ referred to Committee House 20010523 Read third time, sent to Senate House 20010522 Read second time House 20010517 Introduced, read first time, placed on Calendar without reference

Versions of This Bill

Revised on 20010517 Revised on 20010605 Revised on 20010606 Revised on 20010607 TXT: (A165, R163, H4143 of 2001)

A JOINT RESOLUTION TO POSTPONE THE IMPLEMENTATION BY THE STATE LAW ENFORCEMENT DIVISION OF THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE “ILLEGAL PER SE” LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR DECEMBER 31, 2002, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO HAVE AT LEAST THREE EMPLOYEES TRAINED FOR THESE PURPOSES BY DECEMBER 31, 2002.

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

Implementation postponed, training of employees

SECTION 1. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement the provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to Chapter 5 of Title 56 of the 1976 Code, until the time the General Assembly is adequately able to fund the program or by December 31, 2002, whichever first occurs. Provided, however, by December 31, 2002, the State Law Enforcement Division must have at least three state employees trained and prepared for the purpose of appearing in court and testifying on the maintenance of breath testing devices and the administration of breath testing pursuant to Chapter 5, Title 56 of the 1976 Code.

Time effective

SECTION 2. This joint resolution takes effect upon approval by the Governor.

Ratified the 28th day of June, 2001.

Became law without the signature of the Governor -- 1/10/02.

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