South Carolina General Assembly
109th Session, 1991-1992

Bill 924


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    924
Primary Sponsor:                Wilson
Committee Number:               25
Type of Legislation:            GB
Subject:                        Secretary of State, evidentiary
                                effect
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          3946
Computer Document Number:       CYY/18528.SD
Introduced Date:                Apr 24, 1991
Date of Last Amendment:         Feb 05, 1992
Last History Body:              House
Last History Date:              Feb 11, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Wilson
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 924   House   Feb 11, 1992  Introduced, read first time,    25
                             referred to Committee
 924   Senate  Feb 06, 1992  Read third time, sent to House
 924   Senate  Feb 05, 1992  Amended, read second time
 924   Senate  Jan 29, 1992  Committee Report: Favorable     11
                             with amendment
 924   Senate  Apr 24, 1991  Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 5, 1992

S. 924

Introduced by SENATOR Wilson

S. Printed 2/5/92--S.

Read the first time April 24, 1991.

A BILL

TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

Amend Title To Conform

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

SECTION 1. Section 33-1-270 of the 1976 Code is amended to read:

"Section 33-1-270. A certificate attached to a copy of a document filed by the Secretary of State, bearing his signature (which may be in facsimile) and the seal of this State, or an affidavit signed by the Secretary of State that a document is not on file in his office, is conclusive evidence that the original document is, or in appropriate cases, is not on file with the Secretary of State and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."

SECTION 2. The South Carolina Reporters' Comments to Section 33-1-270 of the 1976 Code are amended by adding a new paragraph immediately before the last paragraph of these comments to read:

"By the same token, occasionally the Secretary of State is requested to certify that a certain document has not been filed with his office. In 1992 this statute was amended to specifically provide for this occasion to also avoid having him called as a witness."

SECTION 3. This act takes effect upon approval by the Governor.

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