South Carolina General Assembly
114th Session, 2001-2002

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Bill 3032


Indicates Matter Stricken
Indicates New Matter


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


COMMITTEE REPORT

February 1, 2001

    H. 3032

Introduced by Rep. Kirsh

S. Printed 2/1/01--H.    [SEC 2/2/01 3:46 PM]

Read the first time January 9, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3032) to amend the Code of Laws of South Carolina, 1976, by adding Section 33-19-660 so as to allow a professional corporation to designate in writing an employee or agent who may represent the corporation, etc., respectfully

REPORT:

    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 SECTION 1 and inserting:

    /SECTION    1.    The 1976 Code is amended by adding:

    "Section 33-1-103.    A corporation or partnership, as defined in this section, may designate in writing an employee or principal of the corporation or partnership to represent it in magistrates court. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person designated, while representing the corporation or partnership in magistrates court, is not engaged in the unauthorized practice of law.

    As used in this section, a corporation or partnership is defined as a general partnership, A limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation."/

    Renumber sections to conform.

    Amend title to read:

    /TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW./

JAMES H. HARRISON, for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 33-19-660.    A professional corporation may designate in writing an employee or agent of the corporation to represent it in magistrates court. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person designated, while representing the corporation in magistrates court, is not engaged in the unauthorized practice of law."

SECTION    2.    This act takes effect upon approval by the Governor.

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