South Carolina Legislature


 

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S 24
Session 110 (1993-1994)


S 0024 General Bill, By T.W. Mitchell
 A Bill to amend Section 56-1-360, Code of Laws of South Carolina, 1976,
 relating to the notice required to be sent by the Department of Highways and
 Public Transportation to a person when it concerns that person's driver's
 license, so as to require that the notice be sent by certified mail, return
 receipt requested, and to delete the provision that it is presumptive proof
 that the requirements as to notice of suspension have been met if the notice
 has not been received by the addressee when a certificate by the director of
 the Motor Vehicle Division has been sent.

   01/12/93  Senate Introduced and read first time SJ-33
   01/12/93  Senate Referred to Committee on Transportation SJ-33



A BILL

TO AMEND SECTION 56-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE SENT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO A PERSON WHEN IT CONCERNS THAT PERSON'S DRIVER'S LICENSE, SO AS TO REQUIRE THAT THE NOTICE BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND TO DELETE THE PROVISION THAT IT IS PRESUMPTIVE PROOF THAT THE REQUIREMENTS AS TO NOTICE OF SUSPENSION HAVE BEEN MET IF THE NOTICE HAS NOT BEEN RECEIVED BY THE ADDRESSEE WHEN A CERTIFICATE BY THE DIRECTOR OF THE MOTOR VEHICLE DIVISION HAS BEEN SENT.

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

SECTION 1. Section 56-1-360 of the 1976 Code is amended to read:

"Section 56-1-360. When notice is required concerning a person's driver's license the notice must be given by the department by depositing the notice in the United States mail, certified mail, return receipt requested, with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the director of the motor vehicle division that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee."

SECTION 2. This act takes effect upon approval by the Governor.

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