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A74, R131, H3362
Sponsors: Reps. 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
Document Path: l:\council\bills\nbd\11153ab07.doc
Introduced in the House on January 25, 2007
Introduced in the Senate on March 8, 2007
Last Amended on May 31, 2007
Passed by the General Assembly on June 5, 2007
Governor's Action: June 13, 2007, Signed
Summary: Funeral director or embalmer
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/25/2007 House Introduced and read first time HJ-22 1/25/2007 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-23 2/27/2007 House Member(s) request name added as sponsor: Mahaffey 2/28/2007 House Committee report: Favorable Medical, Military, Public and Municipal Affairs HJ-20 3/6/2007 House Debate adjourned until Wednesday, March 7, 2007 HJ-15 3/7/2007 House Amended HJ-18 3/7/2007 House Read second time HJ-20 3/8/2007 House Read third time and sent to Senate HJ-20 3/8/2007 Senate Introduced and read first time SJ-5 3/8/2007 Senate Referred to Committee on Medical Affairs SJ-5 5/23/2007 Senate Committee report: Favorable with amendment Medical Affairs SJ-58 5/24/2007 Senate Committee Amendment Adopted SJ-47 5/24/2007 Senate Read second time SJ-47 5/31/2007 Senate Amended SJ-21 5/31/2007 Senate Read third time and returned to House with amendments SJ-21 6/4/2007 Scrivener's error corrected 6/5/2007 House Concurred in Senate amendment and enrolled HJ-49 6/7/2007 Ratified R 131 6/13/2007 Signed By Governor 6/18/2007 Copies available 6/18/2007 Effective date 07/13/07 6/18/2007 Act No. 74
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VERSIONS OF THIS BILL
(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."
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."
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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