H*4143(Rat #0163, Act #0165 of 2002)  Joint Resolution, By A. Young, Knotts, 
Whatley, Kennedy, Meacham-Richardson and Kirsh
 A JOINT RESOLUTION TO POSTPONE THE IMPLEMENTATION BY 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.-AMENDED TITLE

   05/17/01  House  Introduced, read first time, placed on calendar
                     without reference HJ-5
   05/22/01  House  Read second time HJ-18
   05/23/01  House  Read third time and sent to Senate HJ-30
   05/23/01  Senate Introduced and read first time SJ-7
   05/23/01  Senate Referred to Committee on Judiciary SJ-7
   06/05/01  Senate Recalled from Committee on Judiciary SJ-5
   06/05/01  Senate Amended SJ-5
   06/05/01  Senate Read second time SJ-5
   06/05/01  Senate Ordered to third reading with notice of amendments SJ-5
   06/07/01  Senate Amended SJ-203
   06/07/01  Senate Read third time and returned to House with
                     amendments SJ-203
   06/07/01  House  Concurred in Senate amendment and enrolled HJ-169
   06/28/01         Ratified R 163
   01/10/02         Became law without Governor's signature
   01/18/02         Effective date 01/10/02
   01/18/02         Copies available
   02/22/02         Act No. 165

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.