Current Status Introducing Body:Senate Bill Number:189 Primary Sponsor:Wilson Committee Number:11 Type of Legislation:GB Subject:Courts to supply documents to Secretary of State Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/12735SD.93 Introduced Date:19930113 Last History Body:Senate Last History Date:19930113 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilson Russell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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189 Senate 19930113 Introduced, read first time, 11
referred to Committee
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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.