H 3774 General Bill, By Whipper, Easterday, J. Young, Govan, Hosey, Harvin, 
Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, 
Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, 
J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, 
Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, 
D.C. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Stille, Taylor, Tripp, Walker, 
Weeks, Wilder and Witherspoon
 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 IS NOT VALID IN THE STATE
 AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON
 LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED
 IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A
 MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

   03/21/01  House  Introduced and read first time HJ-27
   03/21/01  House  Referred to Committee on Judiciary HJ-27
   04/25/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   05/01/02  House  Amended HJ-21
   05/01/02  House  Read second time HJ-21
   05/02/02  House  Read third time and sent to Senate HJ-15
   05/02/02  Senate Introduced and read first time SJ-21
   05/02/02  Senate Referred to Committee on Judiciary SJ-21
   05/22/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19

May 22, 2002

    H. 3774

Introduced by Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon

S. Printed 5/22/02--S.

Read the first time May 2, 2002.

    To whom was referred a Bill (H. 3774) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-110 so as to provide that common law marriage is not valid in the State after December 31, 2001, 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 words and inserting therein the following:

    /    SECTION    1.    The 1976 Code is amended by adding:

    "Section 20-1-110.    A common law marriage in this State shall not be recognized on and after January 1, 2004, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2003."

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

    SECTION    3.    This act takes effect January 1, 2004.    /

    Renumber sections to conform.

    Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

EXPLANATION OF IMPACT:

    Since the Probate Court, which is funded with county appropriations, handles the issuance of marriage licenses and determines beneficiaries of in testate estates, the Judicial Department indicates there will be no fiscal impact on the General Fund of the State, or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

    Pursuant to Section 2-7-76 of the Code of Laws of South Carolina, 1976, the Office of State Budget has surveyed members of the FIST Network. The responses will be forwarded upon receipt.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED IN THE STATE; 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.    The 1976 Code is amended by adding:

    "Section 20-1-110.    No common law marriage entered into in this State after December 31, 2002, is valid. Otherwise valid common law marriages entered into before January 1, 2003, are not affected by this section and continue to be recognized in this State."

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

SECTION    3.    This act takes effect January 1, 2003.