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Bill 3774

                    Current Status

Bill Number:                      3774
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010321
Primary Sponsor:                  Whipper
All Sponsors:                     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
Drafted Document Number:          l:\council\bills\skb\18238som01.doc
Residing Body:                    Senate
Date of Last Amendment:           20020501
Subject:                          Marriage, common law; invalid after 
                                  certain date; those entered into before this 
                                  date recognized; Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020522  Committee report: Favorable with       11 SJ
                  amendment
Senate  20020502  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020502  Read third time, sent to Senate
House   20020501  Amended, read second time
------  20020429  Scrivener's error corrected
House   20020425  Committee report: Favorable with       25 HJ
                  amendment
House   20010321  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 25, 2002 - Word format
Revised on April 29, 2002 - Word format
Revised on May 1, 2002 - Word format
Revised on May 22, 2002 - Word format

COMMITTEE REPORT

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.

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