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A223, R248, H4116
STATUS INFORMATION
General Bill
Sponsors: Reps. Sandifer, M.M. Smith and King
Document Path: LC-0247WAB23.docx
Introduced in the House on March 9, 2023
Introduced in the Senate on April 6, 2023
Last Amended on June 26, 2024
Currently residing in the House
Governor's Action: July 2, 2024, Signed
Summary: Funeral contracts
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 3/9/2023 | House | Introduced and read first time (House Journal-page 12) |
| 3/9/2023 | House | Referred to Committee on Labor, Commerce and Industry (House Journal-page 12) |
| 3/30/2023 | House | Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 3) |
| 4/4/2023 | Scrivener's error corrected | |
| 4/5/2023 | House | Member(s) request name added as sponsor: King |
| 4/5/2023 | House | Amended |
| 4/5/2023 | House | Read second time |
| 4/5/2023 | House | Roll call Yeas-95 Nays-15 |
| 4/5/2023 | House | Reconsider vote whereby read second time |
| 4/5/2023 | House | Amended (House Journal-page 95) |
| 4/5/2023 | House | Read second time (House Journal-page 95) |
| 4/5/2023 | House | Roll call Yeas-98 Nays-15 (House Journal-page 110) |
| 4/6/2023 | House | Read third time and sent to Senate (House Journal-page 24) |
| 4/6/2023 | Senate | Introduced and read first time (Senate Journal-page 43) |
| 4/6/2023 | Senate | Referred to Committee on Judiciary (Senate Journal-page 43) |
| 4/12/2023 | Senate | Recalled from Committee on Judiciary (Senate Journal-page 6) |
| 4/13/2023 | Senate | Committed to Committee on Labor, Commerce and Industry (Senate Journal-page 6) |
| 5/4/2023 | Senate | Committee report: Favorable with amendment Labor, Commerce and Industry (Senate Journal-page 17) |
| 5/5/2023 | Scrivener's error corrected | |
| 2/28/2024 | Senate | Committee Amendment Adopted (Senate Journal-page 28) |
| 2/28/2024 | Senate | Amended (Senate Journal-page 28) |
| 2/28/2024 | Senate | Read second time (Senate Journal-page 28) |
| 2/28/2024 | Senate | Roll call Ayes-42 Nays-1 (Senate Journal-page 28) |
| 2/29/2024 | Senate | Read third time and returned to House with amendments (Senate Journal-page 10) |
| 3/1/2024 | Scrivener's error corrected | |
| 3/20/2024 | House | Senate amendment amended (House Journal-page 74) |
| 3/20/2024 | House | Returned to Senate with amendments (House Journal-page 74) |
| 3/20/2024 | House | Roll call Yeas-76 Nays-22 (House Journal-page 78) |
| 3/27/2024 | Senate | Non-concurrence in House amendment (Senate Journal-page 28) |
| 3/28/2024 | House | House insists upon amendment and conference committee appointed Reps. Sandifer, MM Smith, King (House Journal-page 2) |
| 4/2/2024 | Senate | Conference committee appointed Allen, Climer, Goldfinch (Senate Journal-page 26) |
| 5/7/2024 | House | Conference report adopted (House Journal-page 183) |
| 5/7/2024 | House | Roll call Yeas-108 Nays-0 (House Journal-page 192) |
| 6/26/2024 | Senate | Conference report received and adopted (Senate Journal-page 173) |
| 6/26/2024 | Senate | Roll call Ayes-42 Nays-0 (Senate Journal-page 173) |
| 6/26/2024 | Senate | Ordered enrolled for ratification (Senate Journal-page 188) |
| 6/27/2024 | Ratified R 248 | |
| 7/2/2024 | Signed By Governor | |
| 7/17/2024 | Effective date 07/02/24 | |
| 7/17/2024 | Act No. 223 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
03/09/2023
03/30/2023
04/04/2023
04/05/2023
05/04/2023
05/05/2023
02/28/2024
03/01/2024
03/20/2024
06/26/2024
(A223, R248, H4116)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-19-295 SO AS TO PROHIBIT THE DIVIDING OF FEES OR OTHER COMPENSATION CHARGED OR RECEIVED BY LICENSEES OF THE BOARD OF FUNERAL SERVICES WITH ANOTHER PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION, OR LEGAL ENTITY FOR THE DELIVERY OR PERFORMANCE OF FUNERAL SERVICES; BY AMENDING SECTION 32-7-100, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PRENEED FUNERAL CONTRACTS, SO AS TO INCREASE FINE RANGES AND PERMANENTLY BAR PERSONS CONVICTED OF A FELONY FROM CONDUCTING PRENEED CONTRACT SALES; BY AMENDING SECTION 32-7-110, RELATING TO THE INVESTIGATION OF COMPLAINTS AGAINST UNLICENSED PRENEED CONTRACT SALES PROVIDERS, SO AS TO PROVIDE COMPLAINTS TO WHICH THE DEPARTMENT SHALL RESPOND MAY BE WRITTEN OR ORAL; BY AMENDING SECTION 32-8-305, RELATING TO DEFINITIONS IN THE SAFE CREMATION ACT, SO AS TO REVISE A DEFINITION; BY AMENDING SECTION 32-8-360, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFE CREMATION ACT, SO AS TO INCREASE MONETARY FINES AND REQUIRE IMMEDIATE REPORTING OF VIOLATIONS TO THE BOARD; BY AMENDING SECTION 32-8-385, RELATING TO REQUIREMENTS THAT CREMATORIES EMPLOY CERTAIN TRAINED STAFF TO PERFORM CREMATIONS, SO AS TO REQUIRE ALL CREMATIONS BE PERFORMED BY THESE TRAINED STAFF MEMBERS; BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 40-19-30, RELATING TO THE REQUIREMENT OF LICENSURE TO PRACTICE FUNERAL SERVICES, SO AS TO PROVIDE CONDUCT CONSTITUTING THE PRACTICE OF FUNERAL SERVICES INCLUDES PARTIES WHO EXERCISE ANY CONTROL OR AUTHORITY OVER A FUNERAL ESTABLISHMENT OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, AND TO PROHIBIT CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN WHOSE NAME APPEARS THE NAME OF A PERSON WITH A REVOKED OR LAPSED LICENSE FROM HAVING A LICENSE TO OPERATE A FUNERAL HOME; BY AMENDING SECTION 40-19-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE BOARD MEMBERS, COMMITTEES, OR EMPLOYEES MAY NOT BE LIABLE FOR ACTS PERFORMED IN THE COURSE OF THEIR OFFICIAL DUTIES IN THE ABSENCE OF MALICE SHOWN AND PROVEN IN A COURT OF COMPETENT JURISDICTION; BY AMENDING SECTION 40-19-80, RELATING TO INSPECTORS EMPLOYED BY THE BOARD, SO AS TO INSTEAD REQUIRE THE BOARD TO EMPLOY AT LEAST TWO INVESTIGATORS WHO MAY BE LICENSED EMBALMERS AND FUNERAL DIRECTORS WITH CERTAIN EXPERIENCE BUT WHO HAVE NOT BEEN DISCIPLINED; BY AMENDING SECTION 40-19-110, RELATING TO CONDUCT CONSTITUTING UNPROFESSIONAL CONDUCT BY A LICENSEE OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; BY AMENDING SECTION 40-19-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO INCLUDE UNLICENSED PERSONS WITHIN THIS JURISDICTION; BY AMENDING SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS PROHIBITING THE PRACTICE OF FUNERAL SERVICES WITHOUT A LICENSE OR USING FALSE INFORMATION TO OBTAIN SUCH LICENSURE, SO AS TO INCREASE MONETARY FINES, AND TO SUBJECT PERSONS WHO AID AND ABET UNLICENSED PERSONS OR ENTITIES IN ENGAGING IN THE PRACTICE OF FUNERAL SERVICE WITHOUT LICENSURE TO THESE PENALTIES; BY AMENDING SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN EMBALMER OR A FUNERAL DIRECTOR, SO AS TO REVISE DISQUALIFICATIONS FOR CRIMINAL CONVICTIONS; BY AMENDING SECTION 40-19-250, RELATING TO CONTINUING EDUCATION PROGRAMS, SO AS TO REQUIRE CERTAIN COURSEWORK IN ETHICS, TO REQUIRE FOUR HOURS OF TOTAL ANNUAL COURSEWORK, TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK TO BE IN ETHICS, AND TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK BE COMPLETED IN PERSON; BY AMENDING SECTION 40-19-265, RELATING TO FUNERAL HOME, BRANCH FUNERAL HOME, AND CREMATORY PERMITTING REQUIREMENTS, SO AS TO REVISE MANAGER RESIDENCY REQUIREMENTS; BY AMENDING SECTION 40-19-290, RELATING TO THE FIDUCIARY RESPONSIBILITIES OF FUNERAL ESTABLISHMENTS WITH RESPECT TO PAYMENTS RECEIVED FOR FUNERAL MERCHANDISE BEING PURCHASED, SO AS TO PROVIDE THESE PAYMENTS MUST BE KEPT IN A TRUST ACCOUNT UNTIL THE MERCHANDISE IS DELIVERED FOR ITS INTENDED USE OR IS DELIVERED INTO THE PHYSICAL POSSESSION OF THE PURCHASER; AND BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS, FUNERAL DIRECTORS, AND RELATED FACILITIES, SO AS TO REVISE CERTAIN DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Embalmers and funeral directors, funeral business participation prohibitions
SECTION 1. Chapter 19, Title 40 of the S.C. Code is amended by adding:
Section 40-19-295. No licensee whose license has been suspended or revoked, or who has applied for a license but whose application has been denied, may participate in any manner in a business licensed by the board until that person has obtained a license or the person's license has been restored. No business licensed by the board may permit or allow a person whose license has been suspended or revoked, or any person who has applied for a license but whose application has been denied, to participate in any manner in the business licensed by the board.
Preneed funeral contracts, penalties for violations
SECTION 2. Section 32-7-100(A) of the S.C. Code is amended to read:
(A) A person wilfully violating the provisions of this chapter is guilty of a:
(1) misdemeanor, if the value of money obtained or sought to be obtained is ten thousand dollars or less and, upon conviction or plea, the person may be fined up to twenty-five thousand dollars, or imprisoned for not more than six months, or both;
(2) felony, if the value of money obtained or sought to be obtained is more than ten thousand dollars, and, upon conviction or plea, the person must be fined in the discretion of the court in an amount not less than twenty-five thousand dollars, or imprisoned for not more than ten years, or both;
(3) in addition, a person convicted of a misdemeanor pursuant to this section may be prohibited from entering into further preneed funeral contracts, if the department, in its discretion, finds that the offense is sufficiently grievous. A person convicted of a felony pursuant to this chapter is subject to the following additional penalties when the value of the money obtained or sought to be obtained is:
(a) twenty-five thousand dollars or less, upon conviction or plea, the person is subject to a two-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court;
(b) greater than twenty-five thousand dollars, but less than one hundred thousand dollars, upon conviction or plea, the person is subject to a five-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court;
(c) greater than one hundred thousand dollars, upon conviction or plea, the person is subject to a ten-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court.
Preneed funeral contracts, investigations
SECTION 3. Section 32-7-110(B) of the S.C. Code is amended to read:
(B)(1) Upon its own initiative or upon receipt of a written complaint, the department shall investigate a funeral home, funeral director, individual, or business the department has reason to believe is acting as a provider without a license. In order to conduct its investigation, the department shall review the books, records, and accounts of:
(a) a funeral home or funeral director licensed by the State Board of Funeral Service even if the funeral home or funeral director is not licensed to sell preneed funeral contracts; or
(b) an individual or business the department has reason to believe is acting as a provider without a license. If the department discovers that a violation of this chapter has occurred by a funeral home, funeral director, individual, or business that is not licensed to sell preneed funeral contracts, the department may initiate an action for a violation of this chapter in the Administrative Law Court for a cease and desist order or assess an administrative fine not to exceed ten thousand dollars, or both.
(2) A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court.
Safe Cremation Act, definition
SECTION 4. Section 32-8-305(9) of the S.C. Code is amended to read:
(9) "Cremation" means the technical process using either alkaline hydrolysis or heat and flame that reduces human remains to components of either liquid and bone, or bone fragments, and which may include the pulverization of the bone fragments.
Safe Cremation Act, penalties for violations
SECTION 5. Section 32-8-360(B) of the S.C. Code is amended to read:
(B) A person who violates a provision of this chapter is subject to a civil fine of up to twenty-five thousand dollars. A licensed funeral director or embalmer who violates a provision of this chapter must be reported to the State Board of Funeral Service for immediate investigation and disciplinary proceedings.
Safe Cremation Act, cremation training requirements
SECTION 6. Section 32-8-385 of the S.C. Code is amended to read:
Section 32-8-385. (A) A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, and also by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the requirements of this section, this individual is considered to be sufficiently trained for the purposes of this chapter. All cremations must be performed by a trained individual who has registered with the board.
(B) To be registered with the board, the individual must:
(1) complete an application in the format prescribed by the board;
(2) successfully complete a crematory operator training course approved by the board of not less than eight hours of instructional time;
(3) have not been convicted of or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession; and
(4) pay a fee as established in regulation not to exceed fifty dollars.
(C) Registrations under this section must be renewed every two years by submitting a renewal application and paying a renewal fee established in regulation not to exceed fifty dollars.
(D) Registered, trained individuals are subject to applicable provisions of Section 40-1-110, Chapter 19, Title 40, Chapter 8, Title 32, and board regulations.
Embalmers and funeral directors, definitions
SECTION 7. Section 40-19-20(11) and (21) of the S.C. Code is amended to read:
(11) "Funeral director" means a person licensed by the board to engage for hire, for direct or indirect compensation, or for profit or benefit, and in exchange for or related to the profession of arranging, directing, or supervising funerals.
(21) "Owner" means a sole proprietor, partnership, limited partnership, corporation, limited liability corporation, or any business entity possessing authority or control over a funeral establishment or its employees, agents, or representatives.
Embalmers and funeral directors, funeral home licensure prohibitions
SECTION 8. Section 40-19-30 of the S.C. Code is amended to read:
Section 40-19-30. (A) 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.
(B) No permit to operate a funeral home may be issued to a corporation, partnership, or individual when the name of either an unlicensed person or a person whose license has been revoked or is suspended 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.
Embalmers and funeral directors, board members and staff liability limitations
SECTION 9. Section 40-19-70 of the S.C. Code is amended to read:
Section 40-19-70. In addition to the powers and duties provided for in this chapter, the board also has those powers and duties as set forth in Section 40-1-70. A member of the board, or its committees or employees, may not be liable for acts performed in the course of their official duties, except when gross negligence is shown and proven in a court of competent jurisdiction in this State.
Embalmers and funeral directors, inspector staffing and qualifications
SECTION 10. Section 40-19-80 of the S.C. Code is amended to read:
Section 40-19-80. The board shall employ at least two inspectors who must be licensed embalmers and funeral directors with no fewer than five consecutive years' experience as a licensee under this chapter but who have not been disciplined during the time of their past or current licensure under this chapter.
Embalmers and funeral directors, releases of dead human bodies
SECTION 11. Section 40-19-110(9) of the S.C. Code is amended to read:
(9) refusing to properly release a dead human body to the custody of the person or entity that has the legal right to affect a release. The release must include payment for the actual services provided by the initial funeral home as transferor of the dead human body over to the receiving transferee. The receiving transferee funeral home is responsible for the payment to the transferring funeral home at the time of the transfer of the dead human body;
Embalmers and funeral directors, board jurisdiction
SECTION 12. Section 40-19-115 of the S.C. Code is amended to read:
Section 40-19-115. The board has jurisdiction over the actions of licensees, unlicensed persons, and former licensees as provided for in Section 40-1-115.
Embalmers and funeral directors, prohibited conduct, penalties
SECTION 13. Section 40-19-200 of the S.C. Code is amended to read:
Section 40-19-200. A person who practices or offers to practice funeral service or who aids and abets any unlicensed person or unlicensed entity to engage in the practice of 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, may be fined up to twenty-five thousand dollars or imprisoned for not more than six months, or both.
Embalmers and funeral directors, embalmer qualifications, licensure
SECTION 14. Section 40-19-230(A) and (B) of the S.C. Code is amended to read:
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 or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession;
(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 American Board of Funeral Service Education and approved by the board;
(5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an embalmer 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.
(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 or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession;
(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 pursuant to Section 40-19-240 as a 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.
Embalmers and funeral directors, continuing education, exemptions
SECTION 15. Section 40-19-250 of the S.C. Code is amended to read:
Section 40-19-250. The board shall develop in regulation a continuing education program and each licensee must attend a minimum of four credit hours annually, of which one credit hour must be an ethics in funeral service course. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants. Three of the four required hours must be available through correspondence courses, with at least two of the four hours requiring the physical attendance of the licensee. 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 and is sixty years old or older.
Embalmers and funeral directors, permit requirements
SECTION 16. Section 40-19-265 of the S.C. Code is amended to read:
Section 40-19-265. (A) A permit for a funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290.
(B) A permit for a branch funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides the name of the parent funeral home.
(C) A permit for a retail sales outlet may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) is in full compliance with Section 40-19-290.
(D) A permit for a crematory may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides evidence of employment of a factory-trained operator.
(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business.
Embalmers and funeral directors, definitions
SECTION 17. Section 40-19-20(6) and (7) of the S.C. Code is amended to read:
(6) "Cremation" means the technical process using either alkaline hydrolysis or heat and flame that reduces human remains to components of either liquid and bone, or bone fragments, and which may include the pulverization of the bone fragments.
(7) "Crematory" means an establishment in which cremation occurs.
Embalmers and funeral directors, merchandise sales and payments
SECTION 18. Section 40-19-290(E) of the S.C. Code is amended to read:
(E) Other than payments received for at-need funeral merchandise and funeral services, all payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered for its intended funeral services use as provided in the contract and in accordance with the sales agreement. Upon its own initiative or upon receipt of a complaint, the South Carolina Department of Consumer Affairs shall undertake investigations; review the books, records, and accounts of any establishment licensed under this chapter; subpoena witnesses; require audits and reports; and conduct hearings to determine if payments are being received in violation of the provisions of Chapter 7, Title 32.
Embalmers and funeral directors, definition
SECTION 19. Section 40-19-20(12)(c) of the S.C. Code is amended to read:
(c) a means of showing photographs or other representations of available caskets and other necessary funeral supplies;
Time effective
SECTION 20. This act takes effect July 1, 2024.
Ratified the 27th day of June, 2024.
Approved the 2nd day of July, 2024.
This web page was last updated on July 29, 2024 at 12:15 PM