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COMMITTEE REPORT
April 25, 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 4/25/02--H.
Read the first time March 21, 2001.
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, 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, Section 20-1-110, page 1, line 28 by deleting /2001/ and inserting /2002/ and on line 29 by deleting /2002/ and inserting /2003/. So when amended, Section 20-1-110 reads:
/"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."/
Amend the bill, further, by deleting SECTION 3 of the bill and inserting:
/SECTION 3. This act takes effect january 1, 2003./
JAMES H. HARRISON for Committee.
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, 2001, is valid. Otherwise valid common law marriages entered into before January 1, 2002, 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 Section 20-1-360 of the 1976 Code is repealed.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, 2002.
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