S 0137 General Bill, By Mescher and Fair

Similar(H 3427)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-1-110, TO PROVIDE THAT COMMON LAW MARRIAGE IN THIS STATE IS NOT VALID AFTER
 JUNE 30, 2008, TO FURTHER PROVIDE THAT THE PROBATE COURT SHALL WAIVE THE
 MARRIAGE LICENSE APPLICATION FEE FOR PARTIES WHO ARE IN A COMMON LAW MARRIAGE;
 AND TO REPEAL SECTION 20-1-360, RELATING TO THE VALIDITY OF A MARRIAGE
 CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

   12/06/06  Senate Prefiled
   12/06/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-85
   01/09/07  Senate Referred to Committee on Judiciary SJ-85
   01/17/07  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott
   03/28/07  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-21
   03/29/07         Scrivener's error corrected

COMMITTEE REPORT

March 28, 2007

S. 137

S. Printed 3/28/07--S.    [SEC 3/29/07 2:05 PM]

Read the first time January 9, 2007.

To whom was referred a Bill (S. 137) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-110, to provide that common law marriage in this state is not valid, 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 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    Section 20-1-360 of the 1976 Code is repealed.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.

Majority favorable.    Minority unfavorable.

JAMES H. RITCHIE, JR.    C. BRADLEY HUTTO

For Majority.    For Minority.

EXPLANATION OF IMPACT:

The Judicial Department indicates this bill will have no fiscal impact on the General Fund of the State, nor on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110, TO PROVIDE THAT COMMON LAW MARRIAGE IN THIS STATE IS NOT VALID AFTER JUNE 30, 2008, TO FURTHER PROVIDE THAT THE PROBATE COURT SHALL WAIVE THE MARRIAGE LICENSE APPLICATION FEE FOR PARTIES WHO ARE IN A COMMON LAW MARRIAGE; 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 June 30, 2008.

(B)    Before 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 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.