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June 21, 2001
S. Printed 6/21/01--S. [SEC 6/29/01 4:32 PM]
Read the first time April 24, 2001.
To whom was referred a Bill (S. 615) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-315 so as to provide a procedure to allow a person whose driver's license has been suspended, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-315. A violation of Section 56-1-460, driving under suspension, must be dismissed by the Department of Public Safety when:
(1) a person has been charged with driving under suspension while his driver's license is suspended because of an out-of-state motor vehicle violation; and
(2) the person obtains a resolution to the out-of-state motor vehicle violation that is considered satisfactory by the Department of Public Safety."/
Renumber sections to conform.
Amend title to conform.
ADDISON G. WILSON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-315 SO AS TO PROVIDE A PROCEDURE TO ALLOW A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED PURSUANT TO THE NONRESOLUTION OF AN OUT-OF-STATE MOTOR VEHICLE VIOLATION OR AN ERRONEOUS OUT-OF-STATE MOTOR VEHICLE VIOLATION TO HAVE THE SUSPENSION VACATED UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-315. (A) Upon satisfactory resolution of an out-of-state motor vehicle violation that does not result in a conviction, a person's driver's license suspension must be vacated if:
(1) his driver's license was suspended for an out-of-state motor vehicle violation, or an administrative error associated with an out-of-state motor vehicle violation, and the nonpayment of a fine associated with the violation; and
(2) he is charged with driving under suspension pursuant to the nonresolution of the out-of-state motor vehicle violation.
(B) The burden of proof is on the driver to obtain the relief contained in subsection (A).
(C) A South Carolina fine associated with the out-of-state violation must be paid within ninety days of notice, or result in a first suspension of the person's South Carolina driver's license. However, if the out-of-state violation is proven to be the result of an administrative error, the driver is not subject to any South Carolina fines, and must be refunded any fine he has paid."
SECTION 2. This act takes effect upon approval by the Governor.
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