Printed Page 4170, May 30
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Printed Page 4170, May 30
| Printed Page 4210, May 30
| Rep. HARRISON asked unanimous consent to recall S. 846 from the Committee on Ways and Means.
Rep. SIMRILL objected.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
Rep. A. YOUNG moved to adjourn debate upon the Senate amendments until
Friday, June 2, which was adopted.
The following Joint Resolution was taken up.
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. SCOTT moved to adjourn debate upon the Joint Resolution until Friday, June 2.
Rep. HERDKLOTZ moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Cain Cato Davenport Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Hodges Kirsh Koon Limbaugh Littlejohn Marchbanks McCraw McKay McMahand McTeer Meacham Moody-Lawrence Quinn Rice Robinson Sandifer Seithel Sheheen Shissias Simrill Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon Young, J.
Bailey Baxley Breeland Brown, G. Brown, J. Byrd Carnell Chamblee Clyburn Cobb-Hunter Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Hines Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Mason McAbee Phillips Rhoad Richardson Riser Rogers Scott Smith, D. Smith, R. Spearman Stille Stuart Thomas Tucker Whatley Whipper, S. Wilder Wilkes Williams Wofford Worley Wright Young, A.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Byrd Carnell Chamblee Clyburn Cobb-Hunter Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Hines Inabinett Jennings Keegan Kelley Kennedy Keyserling
Kinon Knotts Lanford Law Limehouse Lloyd McAbee Phillips Rhoad Richardson Riser Scott Seithel Sheheen Shissias Smith, R. Spearman Stille Stuart Thomas Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford Worley Wright Young, A.
Those who voted in the negative are:
Allison Cain Cato Davenport Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Kirsh Koon Limbaugh Littlejohn Marchbanks Mason McCraw McKay McMahand McTeer Meacham Moody-Lawrence Quinn Rice Robinson Sandifer Simrill Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon Young, J.
So, the motion to adjourn debate was agreed to.
The motion period was dispensed with on motion of Rep. LIMBAUGH.
Rep. TUCKER moved to adjourn debate upon the following Bill until Friday, June 2, which was adopted.
H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble,
The following Bill was taken up.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Rep. CARNELL moved to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
Rep. A. YOUNG moved to table the motion to commit, which was agreed to by a division vote of 38 to 28.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5665AC.95), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 5 of the bill and inserting:
/SECTION 5. This act takes effect July 1, 1995./
Renumber sections to conform.
Amend title to conform.
Reps. ROBINSON and SANDIFER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\PFM\7534AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7, Title 32, of the 1976 Code is amended by adding:
"Section 32-7-95. The prohibitions of Section 32-7-90 as to solicitations and advertising relating to preneed funeral contracts apply equally to a funeral director licensed under this title as an agent for a life insurer as well as to the life insurer doing business in this State."
SECTION 2. Section 32-7-20(E) of the 1976 Code is amended to read:
"(E) Subsections (A), and (B), (C), and (D) do not apply to contracts for funeral service or merchandise funded by insurance policies which are otherwise regulated by law; however, Section 38-55-330 governs the conduct of a licensed funeral director employed by a licensed funeral home in South Carolina who also is licensed as an agent for a life insurer doing business in this State."
SECTION 3. Section 32-7-25 of the 1976 Code is amended to read:
"Section 32-7-25. The contracts governed by the provisions of this chapter may be made irrevocable at the option of the purchaser. If the purchaser selects an irrevocable contract he must be allowed thirty days to examine the contract. Within that period, the purchaser may revoke his decision to enter this contract and all monies paid by the purchaser must be refunded. An irrevocable trust funded preneed funeral contract executed under Chapter 7 of Title 32 may not be converted to an insurance funded preneed funeral contract. If a premium is paid on an insurance funded preneed irrevocable contract and the contract is revoked within thirty days, the full premium must be refunded."
SECTION 4. Section 32-7-35 of the 1976 Code is amended to read by adding at the end:
"A preneed funeral contract, whether revocable or irrevocable, funded by an insurance policy, may be transferred to another provider only at the prior written request of the purchaser or the beneficiary if the purchaser dies before the beneficiary or pursuant to Section 32-7-45. The selling provider may not collect, charge, or receive a fee in connection with this transfer of a preneed funeral contract funded by an insurance policy. An
SECTION 5. Section 38-55-310 of the 1976 Code is amended to read:
"Section 38-55-310. It is unlawful for a life insurer, except a fraternal benefit association licensed to do business in this State, to own, manage, supervise, operate, or maintain a mortuary or undertaking establishment or to permit its officers, agents, or employees to own, operate, or maintain any a funeral or undertaking business, except as may be authorized under Section 38-55-330."
SECTION 6. Section 38-55-330 of the 1976 Code is amended to read:
"Section 38-55-330. It is unlawful for A licensed funeral director, undertaker, or mortuary or any of its agents, officers, or employees to employed by a licensed funeral home in South Carolina may be licensed as an agent for a life insurer doing business in this State. However, a funeral director licensed under this section may act as an agent for a life insurer only in connection with the funding of a preneed funeral contract under Chapter 7 of Title 32. The amount of an insurance policy sold by a licensed funeral director licensed under this section may not exceed the amount of the preneed funeral contract as defined in Section 32-7-10(3). In addition to the filing and approval requirements of Section 38-61-20, a life insurer must file a sample policy to fund a preneed funeral contract with the South Carolina Board of Funeral Service, and before the policy can be marketed in this State the board must verify that the policy is consistent with Title 32, Chapter 7. The board also shall maintain a list of all funeral directors licensed as insurance agents, the insurer each director represents, and the type of policy each director is licensed to sell. Except for a funeral director licensed under this title, no insurance agent, as defined in Section 38-1-20, or person, as defined in Section 38-1-20, shall sell any policy, as defined in Section 38-1-20, which has for its purposes the funding of any funeral services, or the furnishing or delivery of personal property, merchandise, services of any nature in connection with the final disposition of a dead human body, to be furnished or delivered at a time determinable by the death of a person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, niche, mausoleum, grave marker, or monument."
SECTION 7. This act takes effect November 1, 1995./
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. CARNELL spoke against the amendment and moved to adjourn debate upon the Bill until June 2.
Rep. SANDIFER moved to table the motion, which was agreed to by a division vote of 42 to 29.
Rep. LANFORD spoke in favor of the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\PT\2048DW.95), which was adopted.
Amend the bill, as and if amended, SECTION 2, page 2, line 4, following the word /Carolina/ by inserting /, except a licensed funeral director employed by a licensed funeral home owned by a company not chartered in the United States,/.
Amend title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. G. BROWN a temporary leave of absence.
Rep. CARNELL spoke against the Bill.
Rep. RHOAD spoke against the Bill.
Rep. SANDIFER spoke in favor of the Bill.
Rep. CARNELL moved to adjourn debate upon the Bill.
Rep. A. YOUNG raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. CARNELL moved to continue the Bill, which was not agreed to by a division
vote of 25 to 56.
Printed Page 4170, May 30
| Printed Page 4210, May 30
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