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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE WHEN DEAD HUMAN BODIES ARE TRANSFERRED FROM ONE FUNERAL SERVICE PROVIDER TO ANOTHER FUNERAL SERVICE PROVIDER, THE TRANSFEROR MAY RECOVER CERTAIN UNPAID SERVICE FEES AND LEGAL FEES FROM THE TRANSFEREE IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE THESE ACTIONS MUST BE HEARD IN MAGISTRATES COURT REGARDLESS OF THE JURISDICTIONAL AMOUNTS INVOLVED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 19, Title 40 of the 1976 Code is amended by adding:
"Section 40-19-105. When a funeral home, funeral director, or embalmer ('transferor provider') provides services for a dead human body and the body subsequently is transferred to another funeral home, funeral director, or embalmer ('transferee provider') for additional services, the transferor provider has a cause of action against the transferee provider if the transferee fails to compensate the transferor for the services provided by the transferor. The transferor may recover its usual fee plus reasonable attorney fees and costs. An action brought pursuant to this section may be brought and tried in magistrate's court regardless of the amount of money involved, and the monetary jurisdictional limits of magistrate's court do not apply."
SECTION 2. This act takes effect upon approval by the Governor.
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