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Current Status Bill Number:View additional legislative information at the LPITS web site.3862 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990407 Primary Sponsor:Hayes All Sponsors:Hayes and Rutherford Drafted Document Number:l:\council\bills\psd\7351ac99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Marriage licenses, twenty-four hour period not required between application and issuance of; Domestic Relations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990407 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTIONS 20-1-220 AND 20-1-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR AND ISSUANCE OF MARRIAGE LICENSES, SO AS TO DELETE THE PROVISION REQUIRING A WAITING PERIOD OF TWENTY-FOUR HOURS BETWEEN THE RECEIPT OF THE APPLICATION AND THE ISSUANCE OF THE LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-1-220 of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application shall have been filed with the probate judge, or in Darlington and Georgetown Counties the clerk of court who issues the license, at least twenty-four hours before its issuance. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers of the contracting parties. The license issued, in addition to other things required, shall show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars or imprisoned for not more than thirty days or not less than ten days."
SECTION 2. Section 20-1-230 of the 1976 Code, as last amended by Act 470 of 1997, is further amended to read:
"Section 20-1-230. Upon (a) the filing of the application required under the provisions of Section 20-1-220, (b) the lapse of at least twenty-four hours thereafter, (c) the payment of the fee provided by law, and (d) the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages and places of residence, the judge of probate or clerk of court with whom the application was filed shall issue a license for the marriage of such these persons."
SECTION 3. This act takes effect upon approval by the Governor.
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