H 3540 General Bill, By R.N. McLellan, Alexander, Bailey, Barfield, 
D. Blackwell, Boan, R.B. Brown, P.M. Burch, T.M. Burriss, Carnell, M.J. Cooper, 
K.S. Corbett, Elliott, Fair, T.L. Farr, J.G. Felder, B.J. Gordon, J.L. Harris, 
Harvin, J.C. Hearn, J.H. Hodges, T.E. Huff, J.W. Johnson, Keegan, J.G. Mattos, 
J.G. McAbee, D.E. McTeer, Neilson, Rhoad, T.F. Rogers, I.K. Rudnick, Sharpe, 
P.E. Short, E.C. Stoddard, Townsend, J.W. Tucker, C.Y. Waites and D.C. Waldrop
 A Bill to amend Chapter 7 of Title 32, Code of Laws of South Carolina, 1976,
 relating to preneed burial contracts, so as to change the name of the
 contracts authorized under the Chapter to preneed funeral contracts, to define
 the terms "seller", "provider", "purchaser", and "beneficiary", to provide an
 exemption for mausoleum crypts from the requirement that payments of money
 which have the purpose of furnishing funeral services must be held in trust
 funds, to require that all taxes on the trust account must be paid in
 accordance with the Internal Revenue Code and applicable rules and
 regulations, to provide for a funeral contract when the full contract price
 amount is paid to the provider, to require that the funds held by a financial
 institution in trust for a beneficiary must not be paid until a death
 certificate is furnished by the provider, to provide for the refund of amounts
 deposited with the provider when they do not constitute payment in full, to
 provide that all contracts contain the name and funeral service license number
 of the provider and seller, to provide for a procedure for establishing a
 trust for the purchaser of a contract and establish requirements with regard
 to the establishment and maintenance of a trust account, to provide that the
 contract is voidable if the purchaser fails to make payments as provided in
 the contract, to provide that if the merchandise selected is not available at
 the time of need that the provider must make available to the purchaser
 merchandise of equal or greater value which must be approved by the purchaser
 or his representative, to provide under what conditions contracts may be made
 irrevocable, to provide for a procedure for the refund of monies paid for a
 contract, to provide a procedure for the transfer to another provider of a
 contract, to delete provisions with regard to the manner in which trust funds
 must be established and maintained, to provide for the occurrence of a
 provider going out of business, to authorize the Board of Financial
 Institutions to establish an amount rather than a two dollar service charge to
 be collected from each purchaser to be used in administering the provisions of
 this Chapter, to delete provisions making it unlawful for any person other
 than a funeral director or home to furnish or perform funeral services to
 accept or hold payments on a preneed burial contract except financial
 institutions, to delete provisions relating to commissions allowed persons on
 trust funds which arise out of a preneed burial contract, to delete provisions
 which make it unlawful for a licensee who sells preneed burial contracts to
 solicit or publicly advertise the availability of them and to establish a
 procedure for the solicitation and advertising of preneed funeral contracts,
 and to provide for the prohibition on the solicitation of these contracts.
   02/22/89  House  Introduced and read first time HJ-11
   02/22/89  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-13
   04/19/89  House  Tabled in committee