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Indicates Matter Stricken
Indicates New Matter
Sponsors: Rep. Edge
Document Path: l:\council\bills\nbd\11164ac03.doc
Introduced in the House on April 22, 2003
Currently residing in the House Committee on Judiciary
Summary: Notary public no longer authorized to perform marriage ceremony in this state
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/22/2003 House Introduced and read first time HJ-16 4/22/2003 House Referred to Committee on Judiciary HJ-16
View the latest legislative information at the LPITS web site
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; AND 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 after June 30, 2003, is not an authorized or legally recognizable act."
SECTION 3. This act takes effect July 1, 2003, and applies only to notarial acts performed after June 30, 2003. The official or legal recognition of a notarial act performed before July 1, 2003, is not diminished or invalidated by this act.
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