South Carolina General Assembly
114th Session, 2001-2002

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Bill 3756

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


COMMITTEE REPORT

May 15, 2002

    H. 3756

Introduced by Reps. Wilkins and Harrison

S. Printed 5/15/02--S.

Read the first time April 10, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3756) to amend Section 20-7-420, as amended, Code of Laws of South Carolina, 1976, relating to family court jurisdiction, so as to provide that family court, etc., respectfully

REPORT:

    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, page 1, line 28, as contained in SECTION 1, by striking line 28 and inserting therein the following:

    /    antenuptial agreements and the effect of antenuptial agreements on    /.

    Amend the bill, as and if amended, page 1, line 31, as contained in SECTION 2, by striking lines 31-32, and inserting therein the following:

    /    SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

    SECTION    3.     This act takes effect July 1, 2002, and applies to actions filed in family court on or after that date.    /

    Renumber sections to conform.

    Amend title to conform.

ROBERT L. WALDREP, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Judicial Department has indicated that there will be no fiscal impact to the General Fund of the State nor on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-7-420 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding an appropriately numbered subsection to read:

    "( )    To hear and determine matters relating to the validity of premarital agreements and the effect of premarital agreements on issues otherwise within this court's jurisdiction."

SECTION    2.    This act takes effect July 1, 2001, and applies to all cases filed in family court after that date.

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