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S. 635
STATUS INFORMATION
General Bill
Sponsors: Senator Campsen
Document Path: l:\council\bills\nbd\11579ac05.doc
Introduced in the Senate on March 16, 2005
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Perpetual Care Cemetery Deregulation Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/16/2005 Senate Introduced and read first time SJ-6
3/16/2005 Senate Referred to Committee on Labor, Commerce and Industry
SJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 88 TO TITLE 40 SO AS TO ENACT THE "PERPETUAL CARE CEMETERY DEREGULATION ACT" REQUIRING A PERSON OR ENTITY TO BE CERTIFIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO OPERATE A PERPETUAL CARE CEMETERY, PROVIDING PROCEDURES WITH WHICH THE DEPARTMENT MUST COMPLY IF A COMPLAINT IS FILED CHARGING A VIOLATION OF THIS CHAPTER, AND PROVIDING ADMINISTRATIVE, CRIMINAL, AND CIVIL PENALTIES FOR VIOLATIONS; AND TO REPEAL CHAPTER 8, TITLE 40, RELATING TO THE LICENSURE AND REGULATION OF ENTITIES THAT OPERATE PERPETUAL CARE CEMETERIES AND THE CREATION, POWERS, AND DUTIES OF THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Perpetual Care Cemetery Deregulation Act".
SECTION 2. Title 40 of the 1976 Code is amended by adding:
Section 40-88-10. The General Assembly recognizes that the operation of a perpetual care cemetery is potentially harmful to the public in that the public does not have an adequate method to verify the financial responsibility of those entities that hold themselves out as perpetual care cemeteries.
Section 40-88-20. (A) As used in this chapter:
(1) 'Perpetual care cemetery' means a place for the interment of human remains and in which continued maintenance of the interment place is provided.
(2) 'Department' means the Department of Labor, Licensing and Regulation.
Section 40-88-30. Unless a person or entity is certified by the department to operate a perpetual care cemetery, the person or entity may not wilfully operate or offer to operate as a perpetual care cemetery or contract with a person or offer to contract with a person to provide the services of a perpetual care cemetery, or use in any advertisement or on a business card or letterhead, or make any other verbal or written communication, that the person or entity operates a perpetual care cemetery or acquiesce in such a representation.
Section 40-88-40. To be certified by the department to operate a perpetual care cemetery a person or entity shall:
(1) apply in writing;
(2) furnish the department with proof that the person or entity has purchased insurance from an acceptable insurer in an amount not less than one million dollars for errors and omissions in operating a perpetual care cemetery;
(3) pay an application processing fee.
Section 40-88-50. (A) To renew certification to operate a perpetual care cemetery a person or entity shall:
(1) apply in writing;
(2) furnish the department with proof that the person or entity has purchased insurance from an acceptable insurer in an amount not less than one million dollars for errors and omissions in operating a perpetual care cemetery;
(3) pay a renewal application processing fee.
(B) A certification by the department to operate a perpetual care cemetery automatically lapses if the person or entity fails to make a timely and complete application for renewal.
Section 40-88-60. (A) If a complaint is filed with the department charging the operator of a certified perpetual care cemetery with the violation of a provision of this chapter, or if a complaint is filed with the department alleging that an uncertified person or entity is fraudulently holding itself out as certified, the department shall institute an investigation in accordance with the procedures of Chapter 1, Title 40.
(B) If after investigation it appears that the person or entity certified under this chapter has violated this chapter, the department shall file a petition with the Administrative Law Court, stating the facts and the particular statutes and regulations at issue.
(C) If after investigation, it appears that an uncertified person or entity is fraudulently holding itself out as certified, the department shall issue an order to that person or entity to cease and desist operating the perpetual care cemetery and may seek injunctive relief in accordance with the procedures of Chapter 1, Title 40.
Section 40-88-70. (A) After an opportunity for a hearing, the Administrative Law Court may order that the certification be revoked, suspended, or otherwise disciplined.
(B) After an opportunity for a hearing, the Administrative Law Court may order injunctive relief against a person who, without possessing a valid certificate under this chapter, uses the title or term perpetual care cemetery. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.
Section 40-88-80. A person who, without possessing a valid certificate under this chapter, uses the title or term perpetual care cemetery and engages in the public practice of selling interment rights in a perpetual care cemetery is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned for not less than thirty days or more than six months, or both. Each violation constitutes a separate offense, and each day's violation constitutes a separate offense.
Section 40-88-90. (A) A person who relies upon a false, misleading, or deceptive statement in a document related to the operation of a perpetual care cemetery may recover in a civil action an amount equal to three times the full amount of ascertainable loss of money or property for this reliance, plus costs and reasonable attorney's fees as the court may allow. A civil action under this section for the recovery of lost money or property must be commenced within three years after notification of the loss."
SECTION 3. Chapter 8, Title 40 of the 1976 Code is repealed.
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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