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H*3362 Session 117 (2007-2008)
H*3362(Rat #0131, Act #0074 of 2007) General Bill, By Parks, Sandifer, Scott,
Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart,
Harvin, Howard, Jefferson, Leach, Miller, J.H. Neal, M.A. Pitts, Sellers,
F.N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
44-63-72 SO AS TO PROVIDE THAT A LICENSED FUNERAL DIRECTOR AND LICENSED
EMBALMER MUST PROVIDE CERTAIN INFORMATION WHEN FILING A DEATH CERTIFICATE; TO
AMEND SECTION 40-19-20, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO
PROVIDE THAT A LICENSED FUNERAL DIRECTOR OR LICENSED EMBALMER MAY NOT CHARGE A
FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT A PRENEED
FUNERAL CONTRACT AND IS INTENDED TO PAY A BURIAL EXPENSE IF THE ASSIGNMENT IS
TO PAY A BURIAL EXPENSE; AND TO AMEND SECTION 40-19-110, AS AMENDED, RELATING
TO UNPROFESSIONAL CONDUCT, SO AS TO PROVIDE THAT THE BOARD OF FUNERAL SERVICE
MAY SUSPEND, REVOKE, REFUSE TO RENEW, OR REFUSE TO ISSUE AN EMBALMER LICENSE
OR FUNERAL DIRECTOR LICENSE TO A FUNERAL HOME, EMBALMER, AND SPECIFIC OTHERS
WHO CHARGE A FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT
A PRENEED FUNERAL CONTRACT AND IS INTENDED TO PAY A BURIAL EXPENSE IF THE
ASSIGNMENT IS TO PAY A BURIAL EXPENSE. - ratified title
01/25/07 House Introduced and read first time HJ-22
01/25/07 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-23
02/27/07 House Member(s) request name added as sponsor: Mahaffey
02/28/07 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-20
03/06/07 House Debate adjourned until Wednesday, March 7, 2007 HJ-15
03/07/07 House Amended HJ-18
03/07/07 House Read second  time HJ-20
03/08/07 House Read third time and sent to Senate HJ-20
03/08/07 Senate Introduced and read first time SJ-5
03/08/07 Senate Referred to Committee on Medical Affairs SJ-5
05/23/07 Senate Committee report: Favorable with amendment
Medical Affairs SJ-58
05/24/07 Senate Committee Amendment Adopted SJ-47
05/24/07 Senate Read second time SJ-47
05/31/07 Senate Amended SJ-21
05/31/07 Senate Read third time and returned to House with
amendments SJ-21
06/04/07 Scrivener's error corrected
06/05/07 House Concurred in Senate amendment and enrolled HJ-49
06/07/07 Ratified R 131
06/13/07 Signed By Governor
06/18/07 Copies available
06/18/07 Effective date 07/13/07
06/18/07 Act No. 74
H. 3362
(A74, R131, H3362)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO PROVIDE THAT A LICENSED FUNERAL DIRECTOR AND LICENSED EMBALMER MUST PROVIDE CERTAIN INFORMATION WHEN FILING A DEATH CERTIFICATE; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO PROVIDE THAT A LICENSED FUNERAL DIRECTOR OR LICENSED EMBALMER MAY NOT CHARGE A FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT A PRENEED FUNERAL CONTRACT AND IS INTENDED TO PAY A BURIAL EXPENSE IF THE ASSIGNMENT IS TO PAY A BURIAL EXPENSE; AND TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO UNPROFESSIONAL CONDUCT, SO AS TO PROVIDE THAT THE BOARD OF FUNERAL SERVICE MAY SUSPEND, REVOKE, REFUSE TO RENEW, OR REFUSE TO ISSUE AN EMBALMER LICENSE OR FUNERAL DIRECTOR LICENSE TO A FUNERAL HOME, EMBALMER, AND SPECIFIC OTHERS WHO CHARGE A FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT A PRENEED FUNERAL CONTRACT AND IS INTENDED TO PAY A BURIAL EXPENSE IF THE ASSIGNMENT IS TO PAY A BURIAL EXPENSE.
Be it enacted by the General Assembly of the State of South Carolina:
Death certificate filing requirements, licensed embalmers and funeral directors
SECTION 1. Chapter 63, Title 44 of the 1976 Code is amended by adding:
"Section 44-63-72. When a licensed funeral director or a licensed embalmer files a death certificate:
(1) the licensed funeral director must provide his license number and his signature in the appropriate location on the death certificate;
(2) the licensed embalmer must provide his license number and either his name or signature in the appropriate location on the death certificate."
Definition revised
SECTION 2. Section 40-19-20(18) of the 1976 Code, as last amended by Act 322 of 2002, is further amended to read:
"(18) 'Practice of funeral service' means:
(a) engaging in providing shelter, care, and custody of the human dead;
(b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;
(c) arranging for the transportation of the human dead;
(d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; provided, that no funeral director, embalmer, funeral company, cemetery, or related entity shall charge a fee for the assignment to the funeral director, embalmer, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35; and
(e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions."
Unprofessional conduct, penalties for charging an assignment for certain insurance policies
SECTION 3. Section 40-19-110 of the 1976 Code, as last amended by Act 188 of 2004, is further amended by adding an appropriately numbered subsection at the end to read:
"( ) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35."
Time effective
SECTION 4. This act takes effect thirty days after approval by the Governor.
Ratified the 8th day of June, 2007.
Approved the 13th day of June, 2007.
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