South Carolina House Bill 4116
Session 2023-2024
Funeral contracts
Became Law
Signed by Governor on Jul 3, 2024
Sponsors
3 Sponsors
William E. "Bill" Sandifer, III
Marvin "Mark" Smith
John Richard C. King
First Action
Mar 9, 2023
Latest Action
Jul 3, 2024
Origin Chamber
House
Type
Bill
Bill Number
4116
State
South Carolina
Session
2023-2024
Motion Text
Adopt Conference Report
House Roll Call Votes
Excused
Yes
Excused
Yes
Excused
Excused
Yes
Yes
Excused
Excused
Yes
Yes
Excused
Excused
Excused
Yes
Yes
Excused
Yes
Excused
Excused
Yes
Spann-Wilder, Tiffany
Yes
Excused
Yes
Excused
Excused
Summary
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 WITH 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. - RATIFIED TITLE
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07/03/2024
South Carolina Legislature
Signed By Governor
06/27/2024
South Carolina Legislature
Ratified R 248
06/26/2024
Senate
Ordered enrolled for ratification
06/26/2024
Senate
Roll call Ayes-42 Nays-0
06/26/2024
Senate
Conference report received and adopted
05/07/2024
House
Roll call Yeas-108 Nays-0
05/07/2024
House
Conference report adopted
04/02/2024
Senate
Conference committee appointed Allen, Climer, Goldfinch
03/28/2024
House
House insists upon amendment and conference committee appointed Reps. Sandifer, MM Smith, King
03/27/2024
Senate
Non-concurrence in House amendment
03/20/2024
House
Roll call Yeas-76 Nays-22
03/20/2024
House
Returned to Senate with amendments
03/20/2024
House
Senate amendment amended
03/01/2024
South Carolina Legislature
Scrivener's error corrected
02/29/2024
Senate
Read third time and returned to House with amendments
02/28/2024
Senate
Roll call Ayes-42 Nays-1
02/28/2024
Senate
Read second time
02/28/2024
Senate
Amended
02/28/2024
Senate
Committee Amendment Adopted
05/05/2023
South Carolina Legislature
Scrivener's error corrected
05/04/2023
Senate
Committee report: Favorable with amendment Labor, Commerce and Industry
04/13/2023
Senate
Committed to Committee on Labor, Commerce and Industry
04/12/2023
Senate
Recalled from Committee on Judiciary
04/06/2023
Senate
Referred to Committee on Judiciary
04/06/2023
Senate
Introduced and read first time
04/06/2023
House
Read third time and sent to Senate
04/05/2023
House
Roll call Yeas-98 Nays-15
04/05/2023
House
Read second time
04/05/2023
House
Amended
04/05/2023
House
Reconsider vote whereby read second time
04/05/2023
House
Roll call Yeas-95 Nays-15
04/05/2023
House
Read second time
04/05/2023
House
Amended
04/05/2023
House
Member(s) request name added as sponsor: King
04/04/2023
South Carolina Legislature
Scrivener's error corrected
03/30/2023
House
Committee report: Favorable with amendment Labor, Commerce and Industry
03/09/2023
House
Referred to Committee on Labor, Commerce and Industry
03/09/2023
House
Introduced and read first time
Sources
Record Created
Mar 9, 2023 6:42:53 PM
Record Updated
Jul 3, 2024 9:33:47 PM