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Printed Page 2560, May 9
| Printed Page 2580, May 9
| (K) A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise account fund is guilty of a misdemeanor and, upon conviction, must be punished pursuant to Section 39-55-220.
(L) If a report is not received within the required time, the board may levy and collect a penalty of twenty-five dollars a day for each day of delinquency.
Section 39-55-110. (A) Each licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not sell, mortgage, lease, or encumber it.
(B) The fee simple title in any lands owned by the licensee as a cemetery, which lands are contiguous, adjoining or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner or purposes other than as a cemetery if no bodies have been previously interred and if any titles, interests, or burial rights which may have been sold or contracted to be sold or contracted to be sold in these lands are reconveyed to the licensee before the consummation of any conveyance.
(C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.
(D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence prior to the effective date of this act. Where a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.
Section 39-55-120 (A) (1) A cemetery company is required to start construction of that section of a mausoleum or bank of below ground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale, or refund the money. The construction of the mausoleum section or bank of below ground crypts must be completed within five years after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.
(2) After construction has begun on the mausoleum section or bank of below ground crypts, the cemetery company shall certify the progress
(3) If the mausoleum section or bank of below ground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage.
(4) In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.
(B) (1) Where the excavation can be accomplished without drilling or the use of equipment other than a shovel or other `hand tools', burial vaults must be at least ten inches below the earth's surface. As used in this section, `burial vaults' includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.
(2) This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that vaults may be placed level with the ground in coastal and lowland cemeteries where the water table is at least two feet below ground level and where cemeteries are not subject to tidal or surface flooding.
Section 39-55-130. All cemeteries in this State, except family burial grounds, shall display a sign at each entrance containing letters not less than six inches in height stating `Perpetual Care' or `Endowment Care' or `No Perpetual Care' or `No Endowment Care' depending upon which method of operation the cemetery is using.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated `Perpetual Care' cannot be changed to `No Perpetual Care' once the designation is made.
Section 39-55-140. Application for renewal of licenses must be submitted on or before July first of each year in the case of an existing cemetery company. Before a sale of cemetery property may take place in the case of a new cemetery company or in the case of a change of ownership or control, as provided in Section 39-55-80, an application for a license must be submitted and a license must have been issued.
Section 39-55-150. Applications may be denied pursuant to the provisions of Section 40-1-130.
Section 39-55-170. Restraining orders and cease and desist orders must be issued in accordance with the provisions of Section 40-1-100.
Section 39-55-180. In addition to grounds for disciplinary actions as set forth in Section 40-1-110 and in accordance with Section 39-55-190, the board shall take disciplinary action against a licensee who:
(1) fails to pay the required fees;
(2) fails to make required reports;
(3) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;
(4) knowingly makes a false statement intended to influence or persuade;
(5) knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen;
(6) wilfully violates this chapter or regulations promulgated by the board;
(7) acts in a fraudulent manner, whether of the same or a different character than specified in this section.
(8) fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.
Section 39-55-190. Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 39-55-180 and 40-1-110, the board may, in addition to the actions as provided for in Section 40-1-120 impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information.
Section 39-55-200. A licensee who is under investigation for any of the grounds provided for in Section 39-55-180 for which the board may take disciplinary action shall voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.
Section 39-55-210. A person aggrieved by any action of the board may seek review of the decision in accordance with the provisions of Section 40-1-160.
Section 39-55-220. (A) A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor
(B) A person violating any other provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred fifty dollars or more than five thousand dollars or imprisoned not less than ten days or more than six months, or both.
Section 39-55-230. The provisions of this chapter do not apply to governmental cemeteries, church cemeteries, or family burial grounds, with the exception of the provisions of Sections 39-55-130 and 39-55-220.
Section 39-55-240. (A) A cemetery company licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1991, shall continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board and is exempt from any filing fee as set forth in Section 39-55-70 (A).
(B) A cemetery company established between July 1, 1991, and the effective date of this act shall continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the cemetery company and a copy of the same has been filed with the board.
(C) Beginning with the first renewal after the effective date of this act, all cemetery companies must be operated in accordance with the provisions of this chapter.
Section 39-55-250. (A) A cemetery company which offers free burial rights to a person or group of persons shall, at the time of the offer, clearly state all conditions upon which the offer is made. Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower bed weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.
(B) Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.
Section 39-55-260. If any provision of this statute or the application of this statute to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable."
Amend title to conform.
Senator WILSON proposed the following Amendment No. 1 (JUD4541.004), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 22, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 16-17-601. It is unlawful for a person wilfully, knowingly, and without proper legal authority to destroy, tear down, or injure a public repository for animal remains or an animal graveyard including any markers or gravestones therein or fencing, plants, trees, or shrubs located upon or around a public repository for animal remains or an animal graveyard. To be found guilty of a violation of this section, the public repository for animal remains or the animal graveyard must be clearly marked as such, or the person committing the violation must have personal knowledge that the location was a public repository for animal remains or an animal graveyard. Notice to a purchaser of real property that a public repository for animal remains or an animal graveyard exists on the property must be given in the deed to the property.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."/.
Amend title to conform.
Senator WILSON explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator COURTNEY explained the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".
H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.
On motion of Senator HOLLAND, with unanimous consent, H. 4545 was ordered to receive a third reading on Friday, May 10, 1996.
H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators SALEEBY and McCONNELL proposed the following amendment (4865EES,GCM.MLP#1), which was adopted:
Amend the bill, as and if amended, page 2, Section 1, line 21, after the word /expenses/ by adding the following:
/ and recoveries /.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SALEEBY, with unanimous consent, H. 4865 was ordered to receive a third reading on Friday, May 10, 1996.
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4409.001), which was adopted:
Amend the bill, as and if amended, page 1, line 35, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. This act takes effect upon approval by the Governor and applies to joint tenancies created either prior to or after the effective date of the act./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HOLLAND, with unanimous consent, H. 4409 was ordered to receive a third reading on Friday, May 10, 1996.
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
The Judiciary Committee proposed the following amendment (JUD4976.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-11-110 of the 1976 Code is amended to read:
"Section 16-11-110. (A) Any A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures:
(1) the burning of a building or structure which results in the destruction or damage to such the building, or
(2) the burning of a building or structure, which results, either directly or indirectly, in death or serious bodily injury to any a person shall be deemed is guilty of arson in the first degree and, upon conviction, thereof must be imprisoned for not less than five nor more than twenty-five years.
(B) Any person who (a) wilfully and maliciously causes an explosion, sets fire to, or burns, or causes to be burned or (b) aids, counsels, or procures the burning of any a dwelling house or any kitchen, shop, barn, stable or other outhouse that is parcel thereof to or belonging to or adjoining thereto to it, whether the property of himself belongs to him or of another person, shall be deemed is guilty of arson in the second degree and, upon conviction, thereof must be imprisoned for not less than two nor more than twenty years.
(C) Any A person who wilfully and maliciously causes an explosion, sets fire to, or burns, or causes to be burned, or aids, counsels, or procures the burning of a building other than those specified in subsections A and B (A) or (B) of this section with intent to destroy or damage such a the building, whether his own or another's, shall be deemed is guilty of arson in the third degree and, upon conviction, shall must be imprisoned for not less than one and not more than ten years.
(D) A building or structure, as used in subsections (A) or (C), includes a building of worship such as a church, mosque, masjid, or synagogue."
SECTION 2. Section 16-11-535 of the 1976 Code is amended to read:
"Section 16-11-535. Whoever shall wilfully, unlawfully, and maliciously vandalize, deface, damage, or destroy or attempt to vandalize, deface, damage, or destroy any place, structure, or building of worship or
SECTION 3. This act takes effect upon approval by the Governor./.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HOLLAND, with unanimous consent, H. 4976 was ordered to receive a third reading on Friday, May 10, 1996.
H. 4635 -- Reps. Gamble, Mason, Stoddard, Carnell, Neal, G. Brown, Howard, Sandifer, Kennedy, Walker, Bailey, Whatley, Hutson, Stuart, Simrill, Shissias, Lloyd, Byrd, Herdklotz, Thomas, J. Young, Keegan, Stille, Rhoad, Lee, McCraw, Rice, Robinson, Harvin, Cain, Davenport and Chamblee: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT ADDITIONAL PROVISIONS OF LAW WHICH WILL RESTRAIN THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH REASONABLY CAN BE EXPECTED TO BE SEEN BY CHILDREN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Printed Page 2560, May 9
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