South Carolina General Assembly
116th Session, 2005-2006

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H. 3588

STATUS INFORMATION

General Bill
Sponsors: Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons
Document Path: l:\council\bills\ms\7204ahb05.doc
Companion/Similar bill(s): 1106

Introduced in the House on February 17, 2005
Introduced in the Senate on May 3, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Common law marriage

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/17/2005  House   Introduced and read first time HJ-5
   2/17/2005  House   Referred to Committee on Judiciary HJ-5
   4/13/2005  House   Committee report: Favorable Judiciary HJ-3
   4/19/2005  House   Member(s) request name added as sponsor: Bailey
   4/19/2005  House   Requests for debate-Rep(s). Kennedy, McGee, Cobb-Hunter, 
                        Duncan, MA Pitts, Ott, and Sinclair HJ-26
   4/27/2005  House   Member(s) request name added as sponsor: Clemmons
   4/27/2005  House   Read second time HJ-169
   4/27/2005  House   Roll call Yeas-104  Nays-4 HJ-169
   4/28/2005  House   Read third time and sent to Senate HJ-28
    5/3/2005  Senate  Introduced and read first time SJ-19
    5/3/2005  Senate  Referred to Committee on Judiciary SJ-19
    5/9/2005  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott
   4/12/2006  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary SJ-10
   4/13/2006          Scrivener's error corrected
   5/16/2006  Senate  Special order, set for May 16, 2006 SJ-32
   5/17/2006  Senate  Debate interrupted SJ-54
   5/25/2006  Senate  Recommitted to Committee on Judiciary SJ-175

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/17/2005
4/13/2005
4/12/2006
4/13/2006

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

COMMITTEE REPORT

April 12, 2006

H. 3588

Introduced by Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons

S. Printed 4/12/06--S.    [SEC 4/13/06 3:45 PM]

Read the first time May 3, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3588) 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 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.     /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

JAMES H. RITCHIE, JR.    LUKE A. RANKIN

For Majority.    For Minority.

            

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, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; 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 common law marriage in this State may not be recognized on and after January 1, 2006, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2005."

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

SECTION    3.    This act takes effect January 1, 2006.

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