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Indicates Matter Stricken
Indicates New Matter

S. 160

STATUS INFORMATION

General Bill
Sponsors: Senator Shealy
Document Path: l:\s-res\ks\0123p f.ls.ks.docx

Introduced in the Senate on January 13, 2015
Introduced in the House on February 25, 2015
Last Amended on February 19, 2015
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Funeral directors

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/3/2014  Senate  Prefiled
   12/3/2014  Senate  Referred to Committee on Labor, Commerce and Industry
   1/13/2015  Senate  Introduced and read first time (Senate Journal-page 108)
   1/13/2015  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 108)
   2/10/2015          Scrivener's error corrected
   2/18/2015  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (Senate Journal-page 11)
   2/19/2015  Senate  Committee Amendment Adopted (Senate Journal-page 9)
   2/19/2015  Senate  Read second time (Senate Journal-page 9)
   2/19/2015  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 9)
   2/19/2015          Scrivener's error corrected
   2/20/2015          Scrivener's error corrected
   2/24/2015  Senate  Read third time and sent to House 
                        (Senate Journal-page 18)
   2/25/2015  House   Introduced and read first time (House Journal-page 19)
   2/25/2015  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 19)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/3/2014
2/10/2015
2/18/2015
2/19/2015
2/20/2015

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 19, 2015

S. 160

S. Printed 2/19/15--S.    [SEC 2/20/15 1:25 PM]

Read the first time January 13, 2015.

TO AMEND SECTION 40-19-20(1) OF THE 1976 CODE, RELATING TO THE DEFINITION OF "ADVERTISEMENT" AS USED IN REGARD TO EMBALMERS AND FUNERAL DIRECTORS, BY ADDING THE TERM "INTERNET" TO THE DEFINITION OF ADVERTISEMENT; TO AMEND SECTION 40-14-20 OF THE 1976 CODE BY ADDING A DEFINITION FOR THE TERM "THIRD PARTY FUNERAL SERVICE PROVIDER"; TO AMEND CHAPTER 19, TITLE 40 OF THE 1976 CODE; BY ADDING SECTION 40-19-40, TO PROVIDE THAT THIRD PARTY FUNERAL SERVICE PROVIDERS MUST BE LICENSED BY THE STATE BOARD OF FUNERAL SERVICE, TO PROVIDE NOTICE AND DISCLOSURE REQUIREMENTS FOR THIRD PARTY FUNERAL SERVICE PROVIDER ADVERTISEMENTS, TO PROVIDE FOR LICENSE REVOCATION FOR VIOLATIONS OF THE ADVERTISING REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF FUNERAL SERVICE SHALL PROSCRIBE THE FORMAT OF ADVERTISEMENT DISCLOSURE BY REGULATION, AND TO PROVIDE THAT THIRD PARTY FUNERAL SERVICE PROVIDERS MUST DISCLOSE TO CUSTOMERS THE NAME AND CONTACT INFORMATION OF THE FUNERAL ESTABLISHMENT THAT WILL BE IN CHARGE OF HANDLING ALL FUNERAL ARRANGEMENTS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    A.        Section 40-19-20(1) of the 1976 Code is amended to read:

"Section 40-19-20.    (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, or internet. The term does not include funeral or death notices and obituaries."

B.        Section 40-19-20 of the 1976 Code is amended by adding:

"(21)    'Third party funeral service provider' means an out-of-state broker, which is a licensed funeral director working through a licensed home in the state that the broker is located, that arranges, via telephone, email, mail, the internet, or by other means, for funeral services to be performed by licensed funeral directors and funeral establishments in this State."

SECTION    2.    Chapter 19, Title 40 of the 1976 Code is amended by adding:

"Section 40-19-40.    (A)    A third party funeral service provider, its officers, employees, agents, or assigns must be licensed with the State Board of Funeral Service.

(B)(1)    Third party funeral service providers must disclose the following information in all advertisements:

(a)    license number;

(b)    address and phone number;

(c)    conspicuous disclaimer if located out of state;

(d)    name of owner; and

(e)    list of all participating funeral establishments.

(2)    The State Board of Funeral Service must revoke the license of a third party funeral service provider if the provider fails to prominently disclose the information required by subsection (B)(1).

(C)    Third party funeral service providers must disclose to customers the name and contact information of the funeral establishment that will be directly providing, assisting, or otherwise participating in the practice of funeral service.

(D)The State Board of Funeral Service, by regulation, shall proscribe the format of all advertisement disclosures."

SECTION    3.    This act takes effect upon approval by the Governor.

This web page was last updated on February 26, 2015 at 2:33 PM