H*3563 Session 112 (1997-1998)
H*3563(Rat #0512, Act #0380 of 1998) General Bill, By Sandifer, Canty, Lanford and
Parks
A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS,
SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND
ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE
LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
02/27/97 House Introduced and read first time HJ-84
02/27/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-84
04/23/97 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-7
04/29/97 House Amended HJ-69
04/29/97 House Read second time HJ-71
04/30/97 House Read third time and sent to Senate HJ-23
05/01/97 Senate Introduced and read first time SJ-23
05/01/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-23
05/22/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-18
05/29/97 Senate Amended SJ-75
05/29/97 Senate Read second time SJ-75
06/04/97 Senate Read third time and returned to House with
amendments SJ-85
06/05/97 House Senate amendment amended HJ-4
06/05/97 House Returned to Senate with amendments HJ-5
06/05/97 Senate Non-concurrence in House amendment SJ-159
06/05/97 House House insists upon amendment and conference
committee appointed Reps. Reps. Cave, Sandifer &
Askins HJ-4
06/05/97 Senate Conference committee appointed Sens. Moore,
O'Dell, Alexander SJ-184
06/04/98 House Conference report received and adopted HJ-53
06/04/98 Senate Conference report received and adopted SJ-89
06/04/98 Senate Ordered enrolled for ratification SJ-117
06/10/98 Ratified R 512
06/12/98 Signed By Governor
06/12/98 Effective date 06/12/98
06/19/98 Copies available
06/30/98 Act No. 380
(A380, R512, H3563)
AN ACT TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE
AND REGULATION OF EMBALMERS AND FUNERAL
DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE
STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE
FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND
OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40
AND TO FURTHER PROVIDE FOR THE LICENSURE AND
REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 19 of Title 40 of the 1976 Code is amended to
read:
CHAPTER 19
Embalmers and Funeral Directors
Section 40-19-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 applies to embalmers and funeral directors; however,
if there is a conflict between this chapter and Article 1, Chapter 1, the
provisions of this chapter control.
Section 40-19-10. There is created the South Carolina State Board of
Funeral Service consisting of eleven members appointed by the Governor
from the State at large for terms of three years and until their successors
are appointed and qualify. Of the eleven members two must be members
from the general public not connected with a funeral service
establishment, and the remaining members must have been licensed as
funeral directors and embalmers for at least five years immediately
preceding their appointment. All members must have been residents of
this State for not fewer than five years preceding the date of their
appointment.
The South Carolina Funeral Directors Association may recommend six
members, the South Carolina Morticians Association may recommend
three members, and an individual or private or public group or
organization may make recommendations. All recommendations must be
made to the Governor before the second of July in each year the term of
office of a member expires. Appointments are effective on August
fifteenth. Vacancies must be filled in the manner of original appointment
for the unexpired portion of the term. The board shall notify the South
Carolina Funeral Directors Association and the South Carolina Morticians
Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority
vote. For purposes of this subsection 'positive majority vote' means a
majority vote of the entire membership of the board, reduced by any
vacancies existing at the time.
Section 40-19-20. As used in this chapter:
(1) 'Advertisement' means the publication, dissemination, circulation,
or placing before the public an announcement or statement in a
newspaper, magazine, or other publication in the form of a book, notice,
circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label,
or tag, or over radio or television. The term does not include funeral or
death notices and obituaries.
(2) 'Apprentice' means a person who is preparing to become licensed
for the practice of embalming and funeral directing under the supervision
and instruction of a person licensed for the practice in this State and who
is registered with the board pursuant to Section 40-19-120.
(3) 'Board' means the South Carolina State Board of Funeral Service.
(4) 'Branch funeral home' means an establishment separate and apart
from the licensed parent funeral home that has either embalming facilities
or a sales room, or both.
(5) 'Chapel' means a separate facility from the parent funeral home
that has only layout or chapel facilities, or both, but does not have
embalming facilities or a sales room.
(6) 'Cremation' or 'calcination' means the reduction of the dead body
by intense heat to residue.
(7) 'Crematory' means an establishment in which the dead body is
reduced to residue by intense heat.
(8) 'Disposition' means the final disposal of the body whether by earth
interment, aboveground burial, cremation, burial at sea, or delivery to a
medical institution for lawful dissection and experimentation.
(9) 'Embalmer' means a person licensed by the board to disinfect and
preserve or attempt to disinfect and preserve the dead human body,
entirely or in part, by the use of application of chemicals, fluids, or gases,
externally or internally, or both, by their introduction into the body by
vascular or hypodermic injections, by direct application into the organs
or cavities, or by other method and includes the restoration or attempted
restoration of the appearance of the dead human body.
(10) 'Embalming' means the disinfection of the dead human body by
replacing certain body fluids with preserving and disinfecting chemicals.
(11) 'Funeral director' means a person licensed by the board to engage
for hire or profit in the profession of arranging, directing, or supervising
funerals.
(12) 'Funeral home', 'funeral establishment', or 'mortuary' means an
establishment where the practice of funeral service and embalming is
practiced. All of these establishments must include the following
facilities:
(a) a chapel or parlor in which funeral services may be conducted;
(b) a preparation room equipped with a sanitary floor and necessary
drainage, ventilation, necessary approved tables, hot and cold running
water, and a sink separate from table drainage, instruments, and supplies
for the preparation and embalming of dead human bodies;
(c) a room containing a displayed stock of at least six adult caskets
and other necessary funeral supplies;
(d) at least one motor hearse for transporting casketed human
remains.
(13) 'Funeral merchandise' means that personal property used in
connection with the conduct of funerals or with the transportation and
final disposition of a dead human body including, but not limited to, the
receptacle into which the body is directly placed. The term does not mean
mausoleum crypts, interment receptacles preset in a cemetery, and
columbarium niches.
(14) 'Funeral service' or 'funeral' means a period following death in
which there are religious services or other rites or ceremonies with the
body of the deceased present.
(15) 'Graveside service' means a rite or ceremony held only at
graveside, which is not generally construed as the committal service
which follows a funeral.
(16) 'Inspector' means an inspector employed by the board.
(17) 'Manager' means a licensed funeral director who has been a
resident of this State for at least one year and who is responsible for the
management of funeral establishments including compliance with all
applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.
(18) 'Memorial service' means a gathering of persons for a program in
recognition of a death without the presence of the body of the deceased.
(19) '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;
(e) engaging in the practice or performing any functions of funeral
directing or embalming as presently recognized by persons engaged in
these functions.
Section 40-19-30. It is unlawful for a person to engage in the practice
of funeral service unless the person is licensed in accordance with this
chapter. A person who engages or participates actively in directing or in
the management of a funeral establishment is considered to be in the
practice of funeral service.
No permit to operate a funeral home may be issued to a corporation,
partnership, or individual when the name of an unlicensed person appears
in the name of the corporation, partnership, or individually owned
business. This prohibition does not apply to established funeral homes
existing prior to July 1, 1969.
Section 40-19-50. The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 41-1-50.
Section 40-19-60. The board may adopt rules governing its
proceedings and may promulgate regulations necessary to carry out the
provisions of this chapter.
Section 40-19-70. In addition to the powers and duties provided for in
this chapter, the board also has those powers and duties set forth in
Section 40-1-70.
Section 40-19-80. The board shall employ an inspector who must be
a licensed embalmer and funeral director with not fewer than five
consecutive years' experience as a licensee under this chapter.
Section 40-19-90. The results of an investigation must be presented to
the board, and any subsequent hearing must be conducted in accordance
with Section 40-1-90.
Section 40-19-100. In addition to other remedies provided for in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-19-110. The board may refuse to issue or renew or may
suspend or revoke the license of a funeral director or embalmer or may
place the licensee on probation after notice and a hearing for
unprofessional conduct which includes:
(1) making misrepresentations or committing fraud while engaging in
the practice of funeral service;
(2) using false or misleading advertising or using the name of an
unlicensed person in connection with that of a funeral establishment;
(3) soliciting dead human bodies by a licensee or a licensee's agents,
assistants, or employees, whether the solicitation occurs after death or
while death is impending, but not including general advertising;
(4) employing persons known as 'cappers' or 'steerers' or 'solicitors' or
other persons to obtain business for the licensee;
(5) employing directly or indirectly an apprentice, agent, assistant,
employee, or other person, on a part or full-time basis, or on commission,
for the purpose of calling upon individuals or institutions to influence
them to cause dead human bodies to be turned over to a particular funeral
establishment;
(6) directly or indirectly paying or offering to pay a commission by a
licensee or a licensee's agents, assistants, or employees to secure business;
however, compliance with Chapter 7 of Title 32 is not unprofessional
conduct;
(7) aiding or abetting an unlicensed person to engage in the practice
of funeral service;
(8) using any funeral merchandise previously sold without prior
written permission of the person selecting or paying for the use of the
merchandise;
(9) refusing to properly release a dead human body to the custody of
the person or entity who has the legal right to effect a release;
(10) failing to secure a permit for removal or burial of a dead human
body before interment or disposal;
(11) knowingly making a false statement on a certificate of death;
(12) violating applicable state laws relating to the prearrangement or
prefinancing of a funeral;
(13) discriminating in services because of race, creed, color, or national
origin;
(14) violating a state law or municipal or county ordinance or
regulation affecting the handling, custody, care, transportation, or final
disposition of dead human bodies;
(15) permitting an unlicensed person to make arrangements for a
funeral at or prior to need.
Section 40-19-115. The board has jurisdiction over the actions of
licensees and former licensees as provided for in Section 40-1-115.
Section 40-19-120. In addition to the sanctions the board may impose
against a person pursuant to this chapter, the board also may take
disciplinary action against a person as provided for in Section 40-1-120.
Section 40-19-130. As provided for in Section 40-1-130, the board
may deny licensure to an applicant based on the same grounds for which
the board may take disciplinary action against a licensee.
Section 40-19-140. A license may be denied based on a person's prior
criminal record only as provided for in Section 40-1-140.
Section 40-19-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter voluntarily
may surrender the license in accordance with Section 40-1-150.
Section 40-19-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-19-170. A person found in violation of this chapter or a
regulation promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-19-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the collection
and enforcement provisions of Section 40-1-180.
Section 40-19-190. Investigations and proceedings conducted under
this chapter are confidential, and all communications are privileged as
provided for in Section 40-1-190.
Section 40-19-200. A person who practices or offers to practice
funeral service in this State in violation of this chapter or who knowingly
submits false information for the purpose of obtaining a license is guilty
of a misdemeanor and, upon conviction, must be fined not less than five
hundred dollars or more than twenty-five hundred dollars or imprisoned
for not more than six months, or both.
Section 40-19-210. The department, on behalf of the board and in
accordance with Section 40-1-120, may petition an administrative law
judge, in the name of the State, for injunctive relief against a person
violating this chapter.
Section 40-19-230. (A) A person may be issued a license as an
embalmer if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a
felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school
education, the equivalence to be determined by the board;
(4) has completed successfully a regular course in an embalming
college accredited by the National Conference of State Examining Boards
and approved by the board;
(5) has completed a minimum of twenty-four months of service as
an apprentice under the direct supervision of a licensed embalmer actively
engaged in the practice of embalming in this State;
(6) has passed an examination prescribed by the board. A person
holding a valid embalmer's license in another state or territory which has
been in effect continuously for at least five years is not required to serve
an apprenticeship to qualify for examination.
(B) A person may be issued a license as a funeral director if the
person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a
felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school
education and has a minimum of two years of successful attendance at an
accredited academic college or successful completion of a regular course
of not less than one year, twelve scholastic months, in an accredited
mortuary college;
(4) has completed a minimum of twenty-four months of service as
an apprentice funeral director under the direct supervision of a licensed
funeral director actively engaged in the practice of funeral directing in this
State;
(5) has passed an examination prescribed by the board. A person
holding a valid funeral director's license in another state or territory,
which has been in effect continuously for at least five years, is not
required to serve an apprenticeship to qualify for examination.
(C) An applicant for licensure must be examined on subjects as are
prescribed by the board and the examination must be by a standardized
written test. The passing grade must be established by the board in
regulation.
An application for examination must be upon a form furnished by the
board and must be accompanied by a fee established by the board in
regulation. An application for examination must be submitted at least
thirty days before the date of the examination.
(D) A person holding a valid embalmer or funeral director license in
another state or territory having substantially similar requirements to the
requirements of this chapter and has been licensed for a minimum of five
years, upon establishing residence in this State, may apply for a license to
practice in this State by filing with the board a certified statement from the
examining board of the state or territory in which the applicant holds the
license, showing the basis upon which the license was granted and a
recommendation for licensure. If the board finds that the applicant has
fulfilled substantially similar requirements, the board shall grant a license
upon receipt of a fee established by the board in regulation and upon
satisfying the board that the applicant is familiar with the laws and
regulations of this State concerning funeral directing and embalming.
(E) No license may be issued or renewed for a period exceeding one
year, and all licenses and renewals expire on the thirtieth day of June
unless sooner revoked or canceled. The date of expiration may be
changed by unanimous consent of the board and upon ninety days' written
notice of the change to all persons licensed by the board.
(F) A person holding a license under this chapter may have the license
renewed for a one-year period by applying within thirty days preceding
or following the expiration of his license, upon forms provided by the
board and payment of a renewal fee as established by the board in
regulation. A person who fails to renew the license, at the discretion of
the board, may have it renewed by making application and appearing
before the board and paying a renewal and revival fee established by the
board. The license of a person who is engaged actively in the military
service of the United States may be held in abeyance for the duration of
service, and the licensee may be relieved of the payment of renewal fees
as the board considers justifiable and expedient.
Section 40-19-240. (A) A person desiring to become an apprentice
funeral director or embalmer shall apply to the board on forms provided
by the board. The applicant must be at least eighteen years of age, shall
take the oath contained on the application form, and shall submit a fee
established by the board in regulation. If the board is satisfied as to the
qualifications of an applicant, the board shall issue a certificate of
apprenticeship. If an apprentice wishes to engage in an apprenticeship
with a person licensed as a funeral director or embalmer, a request must
be submitted to the board. If permission is granted and the apprentice
leaves the apprenticeship of the licensee in whose service the apprentice
has been engaged, the licensee shall give the apprentice an affidavit
showing the length of time served. The affidavit must be filed with the
board. If the apprentice subsequently desires to continue the
apprenticeship, the apprentice must apply to the board as provided for in
this subsection.
(B) A certificate of apprenticeship must be signed by the apprentice,
the licensee, and the manager of the establishment in which the
apprenticeship is to be served and is renewable twenty-four months after
registration for twelve months, by payment of a renewal fee established
by the board in regulation. A certificate may not be renewed more than
three times. The registration of an apprentice who is actually engaged in
the military service may be held in abeyance for the duration of service,
and the apprentice may be relieved of the payment of renewal fees and
penalties.
(C) An apprentice quarterly shall report to the board on forms
provided by the board indicating the work which has been completed
during the preceding three months. The report must be certified by the
licensee under whom the apprentice has served.
(D) Before an apprentice is eligible to receive a license for the practice
of funeral service, evidence required by this chapter must be submitted to
the board showing that the apprentice has completed successfully the
educational requirements set forth in Section 40-19-230. Affidavits also
must be submitted from the licensees under whom the apprentice worked
showing that as an apprentice embalmer the apprentice has assisted in the
embalming of at least fifty bodies or that as an apprentice funeral director
the apprentice has assisted in conducting at least fifty funerals, during
apprenticeship. Eligibility for licensure is determined by the board based
upon the reports filed with the board pursuant to subsection (C).
(E) Only two apprentices at a time are permitted to register under any
one person licensed as a funeral director or embalmer. Each sponsor for
a registered apprentice must be actively connected with a funeral
establishment.
Section 40-19-250. The board shall develop in regulation a
continuing education program and each licensee must attend a minimum
of three credit hours annually. 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.
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 if the person has been licensed for thirty or more years or is
sixty years old or older.
Section 40-19-260. The practice of funeral service may be engaged
in only at a licensed establishment. A licensed funeral director shall make
arrangements with clients and must be at the place of the funeral and
committal services.
Section 40-19-270. (A) No person shall conduct, maintain, manage,
or operate a funeral establishment or crematory unless a permit for each
establishment or crematory has been issued by the board and is displayed
conspicuously in the funeral establishment or crematory. Funeral services
held in a private residence, church, or lodge hall require no permit.
(B) The board or its inspector or agents may enter the offices or
premises of a funeral establishment, funeral home, mortuary, branch
funeral home, chapel, or crematory to inspect the premises or observe the
training provided to apprentices. Acceptance of a permit constitutes
permission for entry to the premises as provided in this section without
legal process.
(C) No permit to operate a funeral establishment or crematory may be
issued unless the funeral establishment or crematory has a person licensed
as a funeral director who resides a reasonable distance from the
establishment or crematory and is accessible at all times the establishment
or crematory is open for any type of funeral business or activity. Upon
the death, resignation, or incapacity of the manager of a funeral
establishment or crematory, the board may issue a temporary permit to
another person upon terms and conditions the board considers to be in the
best interest of the community in which the establishment or crematory is
located.
(D) An application for a funeral establishment permit or crematory
permit must be made on forms furnished by the board and must be filed
with the board before July second of each year accompanied by a fee
established by the board in regulation. All permits expire on June thirtieth
of each year.
(E) When more than one person proposes to engage in the operation
of a funeral establishment or crematory as a partnership or a corporation,
one of the partners or corporation officers must be a licensed funeral
director and must be registered by the board as the manager of the funeral
establishment or crematory. No partner or corporate officer shall hold
himself out through advertising or otherwise as being a licensee unless the
person is licensed in accordance with this chapter.
Section 40-19-280. (A) No person licensed as a funeral director or
embalmer shall remove or embalm a dead human body when the person
has information indicating crime or violence of any sort in connection
with the cause of death until permission first has been obtained from the
coroner or medical examiner or some other qualified person acting in this
capacity.
(B) No public officer or employee, the official of any public
institution, physician, surgeon, or any other person having a professional
relationship with a decedent may send or cause to be sent to a funeral
establishment or to a person licensed for the practice of funeral service the
remains of a deceased person without having first made due inquiry as to
the desires of the next of kin and of the persons who may be chargeable
with the funeral and expenses of the decedent. If any kin is found,
authority and directions of the kin govern except in those instances where
the deceased made prior arrangements in writing.
(C) No company, corporation, or association engaged in the business
of paying or providing for the payment of the expenses of the funeral,
disposition, or other similar expenses of the deceased members or of
certificate holders, or engaged in the business of providing insurance upon
the life of an individual, under which an obligation may arise to care for
the remains of the insured, shall contract to pay or shall pay insurance or
benefits, or part of insurance or benefits, to a funeral establishment,
licensee, or individual in a manner which may deprive the representative,
next of kin, or family of the deceased person from, or in any way control
them in, procuring a funeral establishment, person licensed for the
practice of funeral service, or other proper and competent person to
perform funeral services and furnish supplies to care for the remains of
the decedent.
(D) No person licensed as a funeral director or embalmer or anyone
acting for a funeral director or embalmer shall have a part in a transaction
or business which in any way interferes with the freedom of choice of the
general public to choose a person licensed for the practice of funeral
service or to choose a funeral establishment except where the body or a
part of the body is given for anatomical purposes.
(E) It is unlawful for a person, partnership, corporation, or association
who has not been licensed or registered as provided for in this chapter to
transact, practice, or hold himself or itself out as transacting or practicing
funeral service or operating or maintaining a funeral establishment within
this State.
Section 40-19-290. (A) The personnel of a funeral establishment
shall make every reasonable attempt to fulfill the desires of the deceased
and persons making arrangements both as to services and merchandise,
and a full disclosure of all its available services and merchandise must be
made before selection of the casket. Before the arrangements are
completed, the licensee of the funeral service firm shall disclose fully
what is included in the funeral and identify other related expenses such as
cemeteries and florists.
(B) Statements of legal requirements or statements relative to the
conditions under which embalming is required or advisable must be
complete and factual. Representations as to legal requirements for
embalming, the use of a casket or other receptacle, and the necessity, if
any, of an interment receptacle in connection with a funeral must be
truthful, and all legal or cemetery interment requirements must be
disclosed.
(C) A funeral service establishment shall have a card or brochure in
each casket stating the price of the casket.
The funeral establishment shall provide to the persons making the
arrangements, at the time the arrangements are completed and before the
time of rendering the service, a written statement signed by a
representative of the funeral home and by the person authorizing the
services showing to the extent then known:
(1) the price of the service that the persons have selected and what
is included in the service;
(2) the price of each of the supplemental items of service and
merchandise requested;
(3) the amount involved for each of the items for which the funeral
service firm shall advance monies as an accommodation to the family;
(4) the method of payment.
Section 40-19-300. Nothing contained in this chapter may be
construed to govern or limit the authority of an administrator or executor,
trustee, or other person having a fiduciary relationship with the deceased.
Further, nothing contained in this chapter may be construed to prohibit the
sale of burial vaults by persons engaged in the business of operating a
commercial cemetery.
Section 40-19-310. (A) The provisions of this chapter do not apply
to the preparation and burial of dead bodies of paupers or of inmates of
state institutions when the paupers or inmates are buried at the expense of
the State.
(B) Nothing in this chapter alters the responsibilities of the board or
limits the board in carrying out its duties and responsibilities as required
in Chapters 7 and 8, Title 32.
Section 40-19-320. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.
Staggered initial board member terms
SECTION 2. Of the members first appointed to the South Carolina
State Board of Funeral Service, as provided for in Section 40-19-10, as
amended in Section 1 of this act, three shall serve terms of one year, four
shall serve terms of two years, and four shall serve terms of three years as
determined by lot at the first meeting of the board as constituted under
this act.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1998. |