South Carolina General Assembly
117th Session, 2007-2008

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H. 3427

STATUS INFORMATION

General Bill
Sponsors: Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins
Document Path: l:\council\bills\ms\7126ahb07.doc
Companion/Similar bill(s): 137

Introduced in the House on February 6, 2007
Introduced in the Senate on April 3, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Marriage

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/6/2007  House   Introduced and read first time HJ-4
    2/6/2007  House   Referred to Committee on Judiciary HJ-5
   2/15/2007  House   Member(s) request name added as sponsor: Weeks
   2/21/2007  House   Member(s) request name added as sponsor: Gullick, 
                        Mulvaney
   3/21/2007  House   Committee report: Favorable Judiciary HJ-4
   3/22/2007  House   Member(s) request name added as sponsor: Hamilton, 
                        G.R.Smith, Bedingfield, Haskins
   3/22/2007          Scrivener's error corrected
   3/28/2007  House   Read second time HJ-8
   3/29/2007  House   Read third time and sent to Senate HJ-28
    4/3/2007  Senate  Introduced and read first time SJ-15
    4/3/2007  Senate  Referred to Committee on Judiciary SJ-15
    4/6/2007  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott
    5/9/2007  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary
   2/26/2008  Senate  Special order, set for February 26, 2008 SJ-17
    3/5/2008  Senate  Debate interrupted SJ-41
    3/6/2008  Senate  Debate interrupted SJ-11
   3/11/2008  Senate  Debate interrupted SJ-14
   3/12/2008  Senate  Debate adjourned SJ-22
   3/19/2008  Senate  Debate adjourned SJ-61
   4/10/2008  Senate  Recommitted to Committee on Judiciary SJ-44

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/6/2007
3/21/2007
3/22/2007
5/9/2007

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

COMMITTEE REPORT

May 9, 2007

H. 3427

Introduced by Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins

S. Printed 5/9/07--S.

Read the first time April 3, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3427) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-110 so as to provide that common law marriage in the State may not, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:

/    SECTION    1.    Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-110.    (A)    A common law marriage in this State must not be recognized after July 1, 2008, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of June 30, 2008.

(B)    Prior to July 1, 2008, the probate court shall waive the marriage license application fee for parties who are in a common law marriage as attested to in a form affidavit provided to the parties by the probate court."

SECTION    2.    Section 20-1-360 of the 1976 Code is repealed.

SECTION    3.    Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

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

SECTION    1.    Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-110. (A)    A common law marriage in this State must not be recognized after January 1, 2008, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of December 31, 2007.

(B)    Before January 1, 2008, the probate court may, in its discretion, waive the marriage license application fee for parties who are in a common law marriage as attested to in a form affidavit provided to the parties by the probate court."

SECTION    2.    Section 20-1-360 of the 1976 Code is repealed.

SECTION    3.    Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.

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