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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Jefferson and Clyburn
Document Path: l:\council\bills\nbd\11881ac08.doc
Companion/Similar bill(s): 870
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Notary Public
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/5/2007 House Prefiled 12/5/2007 House Referred to Committee on Judiciary 1/8/2008 House Introduced and read first time HJ-35 1/8/2008 House Referred to Committee on Judiciary HJ-35
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 26-1-130 SO AS TO REQUIRE NOTARIES PUBLIC TO DETERMINE THE IDENTITY OF EACH INDIVIDUAL REQUESTING A NOTARIAL ACT AND TO ESTABLISH ACCEPTABLE MEANS OF IDENTIFICATION; AND BY ADDING SECTION 26-1-140 SO AS TO REQUIRE NOTARIES PUBLIC TO KEEP A JOURNAL OF NOTARIAL ACTS, TO RECORD SPECIFIED ENTRIES IN THE JOURNAL FOR EACH NOTARIAL ACT, AND TO RETAIN THE JOURNAL FOR SEVEN YEARS AFTER THE DATE OF THE LAST RECORDED ENTRY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 26 of the 1976 Code is amended by adding:
"Section 26-1-130. (A) In performing a notarial act or as provided for in Section 26-1-90, a notary public shall determine, from personal knowledge or from satisfactory evidence, the identity of each individual requesting a notarial act.
(B) For the purposes of this section:
(1) 'Personal knowledge' or 'personally know' means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
(2) 'Satisfactory evidence' means:
(a) identification of an individual based on a current identification document issued by a federal or state government agency bearing a photographic image of the individual's face, signature and a physical description; however, a properly stamped passport without a physical description is acceptable; or
(b) upon the oath or affirmation of:
(i) a credible witness personally known to the notary public; or
(ii) two credible witnesses, each of whom presents satisfactory evidence as provided for in item (2)(a).
Section 26-1-140. (A) a notary public shall keep, maintain, and protect a chronological paper or electronic journal of notarial acts.
(B) For every notarial act, the notary shall record in the journal the:
(1) date and time of the notarial act;
(2) the type of notarial act;
(3) the type, title, or description and date of the document or matter;
(4) the name, address, signature, and, in the case of real estate documents, the right thumbprint of each person who requests a notarial act;
(5) the evidence of identity of each person requesting a notarial act, including, if applicable, the type, issuing agency, serial or identification number, and date of issuance or expiration of an identification document, or the name and signature of any credible witness, and if applicable, the type, issuing agency, serial or identifying number, and date of issuance or expiration of a document identifying the witness; and
(6) the fee, if any, charged for the notarial act.
(C) A notary public shall retain this journal of notarial acts under the notary's exclusive control for a period of seven years after the date of the last recorded entry."
SECTION 2. This act takes effect upon approval by the Governor.
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