SC H4256 | 2019-2020 | 123rd General Assembly

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on April 24 2019 - 50% progression, died in committee
Action: 2019-04-24 - Referred to Committee on Labor, Commerce and Industry
Pending: Senate Labor, Commerce and Industry Committee
Text: Latest bill text (Amended) [HTML]

Summary

Amend The Code Of Laws Of South Carolina, 1976, 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 Service With Another Person, Partnership, Corporation, Association, Or Legal Entity For The Delivery Or Performance Of Funeral Services; To Amend 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; To Amend 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; To Amend 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; To Amend 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; To Amend Section 40-19-10, Relating To The Composition Of The Board, So As To Require Seven Of The Nine Licensee Members Be Appointed One From Each Congressional District, And To Provide For The Gradual Implementation Of This Provision As The Terms Of Current Members Expire On A Staggered Basis; To Amend Section 40-19-20, As Amended, Relating To Definitions Concerning The Regulation Of Embalmers And Funeral Directors, So As To Revise Certain Definitions; To Amend Section 40-19-30, Relating To The Requirement Of Licensure To Practice Funeral Service, So As To Provide Conduct Constituting The Practice Of Funeral Service 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; To Amend 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; To Amend 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; To Amend Section 40-19-110, As Amended, Relating To Conduct Constituting Unprofessional Conduct By A Licensee Of The Board, So As To Make Grammatical Changes; To Amend Section 40-19-115, Relating To Jurisdiction Of The Board, So As To Include Unlicensed Persons With This Jurisdiction; To Amend 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; To Amend 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; And To Amend 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.

Tracking Information

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Title

Funeral contracts

Sponsors


Roll Calls

2019-04-23 - House - House: Table Amendment Number 4 (Y: 29 N: 63 NV: 10 Abs: 20) [FAIL]
2019-04-23 - House - House: Table Amendment Number 3 (Y: 50 N: 43 NV: 10 Abs: 19) [PASS]
2019-04-23 - House - House: Table Amendment Number 2 (Y: 35 N: 59 NV: 10 Abs: 18) [FAIL]
2019-04-23 - House - House: Passage Of Bill (Y: 65 N: 20 NV: 9 Abs: 28) [PASS]

History

DateChamberAction
2019-04-24SenateReferred to Committee on Labor, Commerce and Industry
2019-04-24SenateIntroduced and read first time
2019-04-24HouseRead third time and sent to Senate
2019-04-23HouseRoll call Yeas-65 Nays-20
2019-04-23HouseRead second time
2019-04-23HouseAmended
2019-04-03HouseRequests for debate-Rep
2019-04-02HouseDebate adjourned until Wed., 4-3-19
2019-03-26HouseCommittee report: Favorable with amendment Labor, Commerce and Industry
2019-03-19HouseReferred to Committee on Labor, Commerce and Industry
2019-03-19HouseIntroduced and read first time

Code Citations

ChapterArticleSectionCitation TypeStatute Text
327100(n/a)See Bill Text
327110(n/a)See Bill Text
328360(n/a)See Bill Text
328385(n/a)See Bill Text
401910(n/a)See Bill Text
4019110(n/a)See Bill Text
4019115(n/a)See Bill Text
401920(n/a)See Bill Text
4019200(n/a)See Bill Text
4019250(n/a)See Bill Text
4019290(n/a)See Bill Text
4019295(n/a)See Bill Text
401930(n/a)See Bill Text
401970(n/a)See Bill Text
401980(n/a)See Bill Text

South Carolina State Sources


Bill Comments

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