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Bill 4158

                    Current Status

Bill Number:                      4158
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010522
Primary Sponsor:                  Edge
All Sponsors:                     Edge
Drafted Document Number:          l:\council\bills\dka\4505mm01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Notaries, public; performing marriage 
                                  ceremony not considered notarial act; 
                                  Secretary of State, Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010522  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 26-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A NOTARY PUBLIC IN THIS STATE, SO AS TO EXCLUDE THE ADMINISTRATION OF AN OATH IN CONNECTION WITH A MARRIAGE CEREMONY AS AN AUTHORIZED NOTARIAL ACT; TO AMEND SECTION 26-3-80, RELATING TO THE APPLICATION OF THE UNIFORM RECOGNITION OF ACKNOWLEDGEMENTS ACT, SO AS TO CONFORM THOSE PROVISIONS TO THE EXCLUSION; AND TO MAKE THE EXCLUSION APPLY ONLY AFTER THE EFFECTIVE DATE OF THIS ACT.

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

SECTION    1.    Section 26-1-90 of the 1976 Code is amended to read:

    "Section 26-1-90.    A notary public may administer oaths, take depositions, affidavits, protests for nonpayment of bonds, notes, drafts and bills of exchange, acknowledgments and proof of deeds, renunciations of dower, and other instruments required by law to be acknowledged, and renunciations of dower and perform all other acts provided by law to be performed by notaries public. The authorization to administer an oath does not include the authority to perform a marriage ceremony in this State."

SECTION    2.    Section 26-3-80 of the 1976 Code is amended to read:

    "Section 26-3-80.    (A)    A notarial act performed prior to before May, 8, 1972, is not affected by this chapter. This chapter provides an additional method of proving notarial acts. Nothing in this chapter diminishes or invalidates the recognition accorded to notarial acts by other laws or regulations of this State.

    (B)    A marriage ceremony performed in this State by a notary public on or after the effective date of this act is not an authorized or legally recognizable act."

SECTION    3.    This act takes effect upon approval by the Governor and applies only to notarial acts performed on or after that date. The official or legal recognition of a notarial act performed before that date is not diminished or invalidated by this act.

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