South Carolina General Assembly
124th Session, 2021-2022

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Indicates Matter Stricken
Indicates New Matter

R240, S1025

STATUS INFORMATION

General Bill
Sponsors: Senators Shealy, Hutto and Jackson
Document Path: l:\s-res\ks\049birt.kmm.ks.docx
Companion/Similar bill(s): 4834

Introduced in the Senate on January 27, 2022
Introduced in the House on March 29, 2022
Last Amended on May 12, 2022
Passed by the General Assembly on May 12, 2022
Governor's Action: May 23, 2022, Signed

Summary: Birth certificate, certified copy

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/27/2022  Senate  Introduced and read first time (Senate Journal-page 3)
   1/27/2022  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 3)
    3/3/2022  Senate  Committee report: Favorable Medical Affairs 
                        (Senate Journal-page 14)
    3/4/2022          Scrivener's error corrected
   3/16/2022  Senate  Read second time (Senate Journal-page 13)
   3/16/2022  Senate  Roll call Ayes-40  Nays-0 (Senate Journal-page 13)
   3/17/2022  Senate  Read third time and sent to House 
                        (Senate Journal-page 12)
   3/29/2022  House   Introduced and read first time (House Journal-page 38)
   3/29/2022  House   Referred to Committee on Judiciary 
                        (House Journal-page 38)
    5/3/2022  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 77)
    5/5/2022  House   Debate adjourned (House Journal-page 90)
   5/10/2022  House   Amended (House Journal-page 19)
   5/10/2022  House   Read second time (House Journal-page 19)
   5/10/2022  House   Roll call Yeas-100  Nays-1 (House Journal-page 45)
   5/11/2022  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 6)
   5/11/2022  Senate  Non-concurrence in House amendment 
                        (Senate Journal-page 180)
   5/11/2022  House   House insists upon amendment and conference committee 
                        appointed Reps.  B Newton, Jordan, Bernstein 
                        (House Journal-page 290)
   5/12/2022  Senate  Conference committee appointed  Shealy, Hutto, Jackson 
                        (Senate Journal-page 31)
   5/12/2022  House   Conference report received and adopted 
                        (House Journal-page 192)
   5/12/2022  House   Roll call Yeas-109  Nays-0 (House Journal-page 194)
   5/12/2022  Senate  Conference report received and adopted 
                        (Senate Journal-page 30)
   5/12/2022  Senate  Ordered enrolled for ratification 
                        (Senate Journal-page 33)
   5/18/2022          Ratified R  240
   5/23/2022          Signed By Governor

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/27/2022
3/3/2022
3/4/2022
5/3/2022
5/10/2022
5/12/2022

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

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R240, S1025)

AN ACT TO AMEND SECTION 44-63-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO EXPAND THE DEFINITION OF LEGAL REPRESENTATIVE AND TO ALTER THE PROCESS FOR OBTAINING BIRTH CERTIFICATES.

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

Original birth certificates, certified copies

SECTION    1.    Section 44-63-80 of the 1976 Code is amended to read:

"Section 44-63-80.    (A)    Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet 'South Carolina Family Respect', as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165.

(B)    For purposes of this section and obtaining a birth certificate, the term 'other legal representative' shall include:

(1)    a person or agency that has current legal custody of a registrant by any currently effective order of a court of competent jurisdiction, including a temporary order;

(2)    the Department of Social Services for any individual or registrant in foster care or its legal custody;

(3)    a caregiver, including a kinship caregiver, providing care to a child pursuant to any currently effective order of a court of competent jurisdiction, including a temporary order;

(4)    an attorney representing the registrant or, if the parent is listed on the registrant's birth certificate, the registrant's parent;

(5)    subject to the department's verification process, on behalf of a homeless child or youth served by them:

(a)    a director or designee of a South Carolina governmental agency or a nonprofit organization registered with the South Carolina Secretary of State's Office that receives public or private funding to provide services to the homeless; and

(b)    a South Carolina school district's McKinney-Vento liaison for homeless children or youth.

(C)    The Department of Social Services may obtain a birth certificate by requesting the certificate in writing pursuant to the terms of a written agreement that shall be entered into between the Department of Health and Environmental Control and the Department of Social Services, and no copies of court orders or other third-party records shall be required when the Department of Social Services requests a birth certificate pursuant to the written agreement.

(D)    When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing."

Time effective

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

Ratified the 18th day of May, 2022.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2022.

___________________________________________

Governor

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This web page was last updated on May 24, 2022 at 12:13 PM