South Carolina General Assembly
116th Session, 2005-2006

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Bill 1045


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.

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

SECTION    1.    Section 20-1-230 of the 1976 Code is 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 persons.

(A)    The judge of probate or clerk of court with whom a marriage license application was filed shall issue a license upon:

(1)    the filing of the application required under the provisions of Section 20-1-220;

(2)    the lapse of at least twenty-four hours thereafter;

(3)    the payment of the fee provided by law; and

(4)    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.

(B)    A man and a woman who successfully complete a qualifying premarital preparation course shall be entitled to receive a discount of fifty percent off the marriage license fee. In order for the course to qualify pursuant to this section, the couple must:

(1)    attend a course taught by a professional counselor who is licensed pursuant to Chapter 75 of Title 40 or by an active member of the clergy in the course of his or her service as clergy or his or her designee, including retired clergy, provided that the designee is trained and skilled in premarital preparation;

(2)    attend a minimum of six hours of instruction;

(3)    complete the course within twelve months prior to the application for a marriage license; and

(4)    complete the course together rather than individually.

A couple who completes a premarital preparation course pursuant to this section must be issued a certification of completion at the conclusion of the course by their course provider. The certification must include the number of hours that the couple completed together and the credentials of the course provider. A couple must produce this certification when applying for the marriage license in order to receive the discounted license fee. The judge of probate or clerk of court must file the certification with the marriage license application.

(C)    The discount authorized by this section must not be applied to the fee credited to the Domestic Violence Fund provided for in Section 20-1-375."

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

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