H*3060(Rat #0149, Act #0094 of 1989)  General Bill, By Kirsh
 A Bill to amend Chapter 11, Title 26, Code of Laws of South Carolina, 1976,
 relating to notaries public, by adding Section 26-1-95 so as to make it
 illegal for a notary public in his official capacity to falsely certify the
 affirming, swearing, or acknowledging of a person or his signature to an
 instrument, affidavit, or writing, to provide a penalty for violation, and to
 require a notary public convicted under the provisions of this Section to
 forfeit his commission and not be issued another commission.-amended title

   12/21/88  House  Prefiled
   12/21/88  House  Referred to Committee on Judiciary
   01/10/89  House  Introduced and read first time HJ-39
   01/10/89  House  Referred to Committee on Judiciary HJ-40
   01/18/89  House  Committee report: Favorable Judiciary HJ-17
   01/19/89  House  Read second time HJ-8
   01/24/89  House  Read third time and sent to Senate HJ-21
   01/25/89  Senate Introduced and read first time SJ-7
   01/25/89  Senate Referred to Committee on Judiciary SJ-7
   01/25/89  House  Recalled from Senate HJ-30
   04/27/89  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   05/02/89  Senate Amended SJ-31
   05/02/89  Senate Read second time SJ-31
   05/03/89  Senate Read third time and returned to House with
                     amendments SJ-8
   05/10/89  House  Concurred in Senate amendment and enrolled HJ-72
   05/16/89         Ratified R 149
   05/17/89         Signed By Governor
   05/17/89         Effective date 05/17/89
   05/17/89         Act No. 94
   05/26/89         Copies available

AN ACT TO AMEND CHAPTER 1, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR A NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING, SWEARING, OR ACKNOWLEDGING OF A PERSON OR HIS SIGNATURE TO AN INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE A NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION AND NOT BE ISSUED ANOTHER COMMISSION.

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

False certification by notary

SECTION 1. Chapter 1, Title 26 of the 1976 Code is amended by adding:

"Section 26-1-95. A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State within ten days after conviction."

Time effective

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