Bill 3946

                    Current Status

Introducing Body:               House
Bill Number:                    3946
Primary Sponsor:                Quinn
Committee Number:               11
Type of Legislation:            GB
Subject:                        Secretary of State, evidentiary
                                effect to documents
Residing Body:                  Senate
Companion Bill Number:          924
Computer Document Number:       CYY/18534.SD
Introduced Date:                Apr 24, 1991
Last History Body:              Senate
Last History Date:              Feb 04, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Quinn
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3946  Senate  Feb 04, 1992  Introduced, read first time,    11
                             referred to Committee
 3946  House   Feb 04, 1992  Read third time, sent to
                             Senate
 3946  House   Jan 30, 1992  Read second time
 3946  House   Jan 29, 1992  Committee Report: Favorable     25
 3946  House   Apr 24, 1991  Introduced, read first time,    25
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

January 29, 1992

H. 3946

S. Printed 1/29/92--H.

Read the first time April 24, 1991.

To whom was referred a Bill (H. 3946), 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, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DAVID H. WILKINS, for Committee.

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.

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 1991 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.