Current Status Introducing Body:House Bill Number:4702 Primary Sponsor:J. Brown Type of Legislation:GB Subject:Funeral directors, embalmers; license for Residing Body:Senate Computer Document Number:NO5/7603BDW.94 Introduced Date:19940209 Date of Last Amendment:19940330 Last History Body:Senate Last History Date:19940524 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:J. Brown Beatty Cobb-Hunter Gamble Stuart McAbee Canty McMahand Byrd Govan Inabinett Lanford Whipper Wells Keyserling Hutson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4702 Senate 19940524 Committee Report: Favorable 12
with amendment
4702 Senate 19940405 Introduced, read first time, 12
referred to Committee
4702 House 19940331 Read third time, sent to
Senate
4702 House 19940330 Amended, read second time,
unanimous consent for third
reading on next Legislative
day
4702 House 19940303 Committee Report: Favorable 27
with amendment
4702 House 19940209 Introduced, read first time, 27
referred to Committee
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COMMITTEE REPORT
May 24, 1994
H. 4702
Introduced by REPS. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson
S. Printed 5/24/94--S.
Read the first time April 5, 1994.
To whom was referred a Bill (H. 4702), to amend the Code of Laws of South Carolina, 1976, by adding Section 40-19-105 so as to provide requirements to renew a license for funeral directors and embalmers, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-19-105. (A) If a licensee under this chapter fails to renew his license pursuant to Section 40-19-100(6) for more than one year but less than ten years, the board shall renew his license if he:
(1) previously held a valid license subject to the renewal which has not been suspended or revoked;
(2) has not been convicted of a violent crime, a felony, or a crime of moral turpitude;
(3) pays a fee of two hundred dollars for each year the license has lapsed and pays the current year renewal fee;
(4) completes the required continuing education hours for the previous and current license years;
(5) passes a written examination administered by the board pertaining to state funeral service, preneed and cremation laws, or other state laws pertaining to the funeral profession.
(B) If a licensee under this chapter fails to renew his license pursuant to Section 40-19-100(6) for ten years or more, the licensee shall meet all the requirements of Section 40-19-100 to be relicensed.
(C) A manager of record of a funeral home, funeral establishment, or mortuary who is not licensed under this chapter shall pass the written examination provided for in item (5) of subsection (A) if he has not scored a passing grade on the examination during the past five years."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-19-95. The board shall promulgate regulations regarding the transportation of dead human bodies in this State as it relates to a removal or embalming service, company, or corporation."
SECTION 3. 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 pursuant to Section 38-55-330."
SECTION 4. Section 38-55-330 of the 1976 Code is amended to read:
"Section 38-55-330. It is unlawful for a funeral director, undertaker, or mortuary or any of its agents, officers, or employees to be licensed as an agent for a life insurer doing business in this State. A licensed funeral director 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."
SECTION 5. Section 40-19-90 of the 1976 Code, as last amended by Act 70 of 1991, is further amended to read:
"Section 40-19-90. The board is authorized to may promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include. These regulations regarding must include the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.
The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. A licensee may carry forward up to three hours to the following year. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary who has been licensed for thirty or more years or who has attained the age of sixty years. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. The board shall develop a continuing education program to require each affected licensee to receive a minimum of three credit hours annually to sustain competency and to remain current."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
J. VERNE SMITH, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-19-105. If a licensee under this chapter fails to renew his license pursuant to Section 40-19-100(6), the board shall renew his license if he:
(1) previously held a valid license subject to the renewal which has not been suspended or revoked;
(2) has not been convicted of a violent crime, a felony, or a crime of moral turpitude;
(3) pays a fee of two hundred dollars for each license and pays the current year license fee;
(4) completes the required continuing education hours for the previous and current license years;
(5) passes a written examination administered by the board pertaining to state funeral service, preneed and cremation laws, or other state laws pertaining to the funeral profession.
A manager of record of a funeral home, funeral establishment, or mortuary who is not licensed under this chapter shall pass the written examination provided for in item (5) of subsection (A) if he has not scored a passing grade on the examination during the past five years."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-19-95. The board shall promulgate regulations regarding the transportation of dead human bodies in this State as it relates to a removal or embalming service, company, or corporation."
SECTION 3. Section 40-19-90 of the 1976 Code, as last amended by Act 70 of 1991, is further amended to read:
"Section 40-19-90. The board is authorized to may promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include. These regulations regarding must include the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.
The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually or six credit hours biennially to sustain competency and to remain current. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary who has been licensed for thirty or more years or who has attained the age of sixty years. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. The board shall develop a continuing education program to require each affected licensee to receive a minimum of three credit hours annually or six credit hours biennially to sustain competency and to remain current."
SECTION 4. This act takes effect upon approval by the Governor.