2005-2006 Bill 1045: Marriage License Fee - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

A291, R333, S1045

STATUS INFORMATION

General Bill

Sponsors: Senators Ritchie, Bryant, Campsen and Knotts

Document Path: l:\s-jud\bills\ritchie\jud0007a.jhr.doc

Introduced in the Senate on January 17, 2006

Introduced in the House on February 21, 2006

Last Amended on February 16, 2006

Passed by the General Assembly on May 25, 2006

Governor's Action: May 31, 2006, Signed

Summary: Marriage license fee

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/17/2006SenateIntroduced and read first time SJ6

1/17/2006SenateReferred to Committee on JudiciarySJ6

1/31/2006SenateReferred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott

2/15/2006SenateCommittee report: Favorable with amendment JudiciarySJ12

2/16/2006SenateAmended SJ23

2/16/2006SenateRead second time SJ23

2/16/2006Scrivener's error corrected

2/17/2006Scrivener's error corrected

2/21/2006SenateRead third time and sent to House SJ24

2/21/2006HouseIntroduced and read first time HJ129

2/21/2006HouseReferred to Committee on JudiciaryHJ129

5/17/2006HouseCommittee report: Favorable JudiciaryHJ6

5/24/2006HouseRead second time HJ49

5/25/2006HouseRead third time and enrolled HJ16

5/25/2006Ratified R 333

5/31/2006Signed By Governor

6/2/2006Copies available

6/2/2006Effective date 05/31/06

6/8/2006Act No.291

VERSIONS OF THIS BILL

1/17/2006

2/15/2006

2/16/2006

2/16/2006-A

2/17/2006

5/17/2006

(A291, R333, S1045)

AN ACT TO AMEND SECTION 201230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO PROVIDE A ONETIME FIFTYDOLLAR NONREFUNDABLE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE AND TO PROVIDE CERTAIN REQUIREMENTS FOR A PREMARITAL PREPARATION COURSE; AND BY ADDING SECTION 1263381 SO AS TO CREATE THE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.

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

Issuance of a marriage license, premarital preparation course

SECTION1.Section 201230 of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:

“Section 201230.(A)The judge of probate or clerk of court with whom a marriage license application was filed shall issue a license upon:

(1)the filing of the application required under the provisions of Section 201220;

(2)the lapse of at least twentyfour hours thereafter;

(3)the payment of the fee provided by law; and

(4)the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages, and places of residence.

(B)A man and a woman who successfully complete a qualifying premarital preparation course and who have a South Carolina marriage license which attests the completion of the course shall be entitled to receive a onetime fiftydollar nonrefundable state income tax credit, as permitted in Section 1263381. In order for the course to qualify pursuant to this section, the couple must:

(1)attend a course taught by a professional counselor who is licensed pursuant to Chapter 75 of Title 40 or by an active member of the clergy in the course of his or her service as clergy or his or her designee, including retired clergy, provided that the designee is trained and skilled in premarital preparation;

(2)attend a minimum of six hours of instruction;

(3)complete the course within twelve months prior to the application for a marriage license; and

(4)complete the course together rather than individually.

A couple who completes a premarital preparation course pursuant to this section must be issued a certification of completion at the conclusion of the course by their course provider. The certification must include the number of hours that the couple completed together and the credentials of the course provider. A couple must produce this certification when applying for the marriage license in order to receive the nonrefundable state income tax credit. The judge of probate or clerk of court must certify on the marriage license that the couple met the statutory requirements to qualify for this income tax credit. The judge of probate court or clerk of court is not responsible to authenticate the information contained in the certification of completion unless the certification of completion is wholly fraudulent on its face.

(C)The discount authorized by this section must not be applied to the fee credited to the Domestic Violence Fund provided for in Section 201375.”

Tax credit, premarital preparation course

SECTION2.Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

“Section 1263381.There is allowed as a credit against the tax imposed pursuant to Section 126510 an amount equal to fifty dollars for taxpayers who married during the taxable year and completed the requirements of Section 201230. The credit must be claimed by means of a form prescribed by the South Carolina Department of Revenue containing that information required by the department for the accurate and efficient administration of this credit. Regardless of federal filing statutes, each spouse may only receive one nonrefundable income tax credit of twentyfive dollars, for a maximum tax credit of fifty dollars per couple under this section.”

Time effective

SECTION3.This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2006.

Approved the 31st day of May, 2006.

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