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H. 3588
STATUS INFORMATION
General Bill
Sponsors: Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons
Document Path: l:\council\bills\ms\7204ahb05.doc
Companion/Similar bill(s): 1106
Introduced in the House on February 17, 2005
Introduced in the Senate on May 3, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Common law marriage
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/17/2005 House Introduced and read first time HJ-5 2/17/2005 House Referred to Committee on Judiciary HJ-5 4/13/2005 House Committee report: Favorable Judiciary HJ-3 4/19/2005 House Member(s) request name added as sponsor: Bailey 4/19/2005 House Requests for debate-Rep(s). Kennedy, McGee, Cobb-Hunter, Duncan, MA Pitts, Ott, and Sinclair HJ-26 4/27/2005 House Member(s) request name added as sponsor: Clemmons 4/27/2005 House Read second time HJ-169 4/27/2005 House Roll call Yeas-104 Nays-4 HJ-169 4/28/2005 House Read third time and sent to Senate HJ-28 5/3/2005 Senate Introduced and read first time SJ-19 5/3/2005 Senate Referred to Committee on Judiciary SJ-19 5/9/2005 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott 4/12/2006 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ-10 4/13/2006 Scrivener's error corrected 5/16/2006 Senate Special order, set for May 16, 2006 SJ-32 5/17/2006 Senate Debate interrupted SJ-54 5/25/2006 Senate Recommitted to Committee on Judiciary SJ-175
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/17/2005
4/13/2005
4/12/2006
4/13/2006
COMMITTEE REPORT
April 12, 2006
H. 3588
Introduced by Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons
S. Printed 4/12/06--S. [SEC 4/13/06 3:45 PM]
Read the first time May 3, 2005.
To whom was referred a Bill (H. 3588) 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 the State may not, 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 language and inserting therein the following:
/ 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 January 1, 2008, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of December 31, 2007.
(B) Before January 1, 2008, the probate court may, in its discretion, 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 probate 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. /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JAMES H. RITCHIE, JR. LUKE A. RANKIN
For Majority. For Minority.
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 THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; 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 common law marriage in this State may not be recognized on and after January 1, 2006, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2005."
SECTION 2. Section 20-1-360 of the 1976 Code is repealed.
SECTION 3. This act takes effect January 1, 2006.
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