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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