H 3081 General Bill, By Kirsh
 A BILL TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE
 LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN
 A FLAT LICENSURE FEE AND TO DELETE PROVISIONS ESTABLISHING DIFFERENT FEES FOR
 CEMETERIES PREVIOUSLY IN EXISTENCE.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/11/05  House  Introduced and read first time HJ-74
   01/11/05  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-74
   01/25/05  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-43
   01/25/05  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-43

TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE AND TO DELETE PROVISIONS ESTABLISHING DIFFERENT FEES FOR CEMETERIES PREVIOUSLY IN EXISTENCE.

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

SECTION    1.    Section 40-8-80 of the 1976 Code, as added by Act 322 of 2002, is amended to read:

"Section 40-8-80.    (A)    The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D):

(1)    a an annual minimum license fee of eight two hundred fifty dollars, annually established by the department in regulation and based upon the number of internments performed annually; the department may adjust this fee structure as the department considers necessary;

(2)    an application fee of two hundred fifty dollars.

(B)    Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows:

(1)    a license fee of four hundred dollars, annually;

(2)    an application fee of two hundred fifty dollars.

(C)    The A license period is valid from January first through December thirty-first.

(D)(C)    Failure to renew a license by the December thirty-first renewal date renders the license invalid. The A license may be reinstated upon receipt of an application postmarked not later than January thirty-first. If a delinquent renewal requests request is not postmarked on or before January thirty-first require that February first, the applicant must submit a new application be submitted under the guidelines in effect for the current period.

(E)(D)    All fees are nonrefundable."

SECTION    2.    This act takes effect upon approval by the Governor and applies to licenses renewed or issued after June 30, 2005.