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H. 3427
STATUS INFORMATION
General Bill
Sponsors: Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins
Document Path: l:\council\bills\ms\7126ahb07.doc
Companion/Similar bill(s): 137
Introduced in the House on February 6, 2007
Introduced in the Senate on April 3, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Marriage
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/6/2007 House Introduced and read first time HJ-4
2/6/2007 House Referred to Committee on Judiciary HJ-5
2/15/2007 House Member(s) request name added as sponsor: Weeks
2/21/2007 House Member(s) request name added as sponsor: Gullick,
Mulvaney
3/21/2007 House Committee report: Favorable Judiciary HJ-4
3/22/2007 House Member(s) request name added as sponsor: Hamilton,
G.R.Smith, Bedingfield, Haskins
3/22/2007 Scrivener's error corrected
3/28/2007 House Read second time HJ-8
3/29/2007 House Read third time and sent to Senate HJ-28
4/3/2007 Senate Introduced and read first time SJ-15
4/3/2007 Senate Referred to Committee on Judiciary SJ-15
4/6/2007 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie,
Scott
5/9/2007 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary
2/26/2008 Senate Special order, set for February 26, 2008 SJ-17
3/5/2008 Senate Debate interrupted SJ-41
3/6/2008 Senate Debate interrupted SJ-11
3/11/2008 Senate Debate interrupted SJ-14
3/12/2008 Senate Debate adjourned SJ-22
3/19/2008 Senate Debate adjourned SJ-61
4/10/2008 Senate Recommitted to Committee on Judiciary SJ-44
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/6/2007
3/21/2007
3/22/2007
5/9/2007
COMMITTEE REPORT
May 9, 2007
H. 3427
Introduced by Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins
S. Printed 5/9/07--S.
Read the first time April 3, 2007.
To whom was referred a Bill (H. 3427) 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 July 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 June 30, 2008.
(B) Prior to July 1, 2008, 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 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.
JAMES H. RITCHIE, JR. 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 IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; 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 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.
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