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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 26, 2016
H. 4845
S. Printed 4/26/16--H.
Read the first time February 4, 2016.
Fiscal Impact Summary
This bill would have no expenditure impact on the general fund, federal funds, or other funds.
State Expenditure
This bill amends Chapter 19, Title 40 relating to funeral directors by adding Section 40-19-105 and amending Section 40-19-110(9) to authorize funeral directors, without penalty, to refuse to release a dead body to an individual with the legal right to take custody of the body if all financial obligations for the services provided have not yet been satisfied.
The Department of Labor, Licensing and Regulation reports that this bill would have no expenditure impact on the general fund, federal funds, or other funds.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED; AND TO AMEND SECTION 40-19-110, RELATING TO UNPROFESSIONAL CONDUCT OF A FUNERAL DIRECTOR OR EMBALMER, SO AS TO PROVIDE THAT 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 CONSTITUTES UNPROFESSIONAL CONDUCT EXCEPT WHEN THE REFUSAL IS FOR FAILURE TO SATISFY RELATED FINANCIAL OBLIGATIONS.
Amend Title To Conform
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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