S 1106 General Bill, By Mescher

Similar(H 3588)
 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 THIS STATE IS NOT VALID
 AFTER JUNE 30, 2007, AND 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.

   02/01/06  Senate Introduced and read first time SJ-31
   02/01/06  Senate Referred to Committee on Judiciary SJ-31
   02/03/06  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott

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 THIS STATE IS NOT VALID AFTER JUNE 30, 2007, AND 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, 2007.

(B)    Before July 1, 2007, 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    Section 20-1-360 of the 1976 Code is repealed.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.