H 3588 General Bill, By 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

Similar(S 1106)
 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.

   02/17/05  House  Introduced and read first time HJ-5
   02/17/05  House  Referred to Committee on Judiciary HJ-5
   04/13/05  House  Committee report: Favorable Judiciary HJ-3
   04/19/05  House  Member(s) request name added as sponsor: Bailey
   04/19/05  House  Requests for debate-Rep(s). Kennedy, McGee,
                     Cobb-Hunter, Duncan, MA Pitts, Ott, and Sinclair HJ-26
   04/27/05  House  Member(s) request name added as sponsor: Clemmons
   04/27/05  House  Read second time HJ-169
   04/27/05  House  Roll call Yeas-104  Nays-4 HJ-169
   04/28/05  House  Read third time and sent to Senate HJ-28
   05/03/05  Senate Introduced and read first time SJ-19
   05/03/05  Senate Referred to Committee on Judiciary SJ-19
   05/09/05  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott
   04/12/06  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-10
   04/13/06         Scrivener's error corrected
   05/16/06  Senate Special order, set for May 16, 2006 SJ-32
   05/17/06  Senate Debate interrupted SJ-54
   05/25/06  Senate Recommitted to Committee on Judiciary SJ-175

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.

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

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.

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.