2005-2006 Bill 3588: Common Law Marriage - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

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

DateBodyAction Description with journal page number

2/17/2005HouseIntroduced and read first time HJ5

2/17/2005HouseReferred to Committee on JudiciaryHJ5

4/13/2005HouseCommittee report: Favorable JudiciaryHJ3

4/19/2005HouseMember(s) request name added as sponsor: Bailey

4/19/2005HouseRequests for debateRep(s).Kennedy, McGee, CobbHunter, Duncan, MA Pitts, Ott, and Sinclair HJ26

4/27/2005HouseMember(s) request name added as sponsor: Clemmons

4/27/2005HouseRead second time HJ169

4/27/2005HouseRoll call Yeas104 Nays4 HJ169

4/28/2005HouseRead third time and sent to Senate HJ28

5/3/2005SenateIntroduced and read first time SJ19

5/3/2005SenateReferred to Committee on JudiciarySJ19

5/9/2005SenateReferred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott

4/12/2006SenateCommittee report: Majority favorable with amend., minority unfavorable JudiciarySJ10

4/13/2006Scrivener's error corrected

5/16/2006SenateSpecial order, set for May 16, 2006 SJ32

5/17/2006SenateDebate interrupted SJ54

5/25/2006SenateRecommitted to Committee on JudiciarySJ175

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.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H.3588) to amend the Code of Laws of South Carolina, 1976, by adding Section 201110 so as to provide that common law marriage in the State may not, 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, by striking all after the enacting language and inserting therein the following:

/SECTION1.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.”

SECTION2.Section 20-1-360 of the 1976 Code is repealed.

SECTION3.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.

[3588-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 201110 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 201360 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:

SECTION1.Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

“Section 201110.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.”

SECTION2.Section 201360 of the 1976 Code is repealed.

SECTION3.This act takes effect January 1, 2006.

[3588]1