Current Status Bill Number:
989Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980204Primary Sponsor: McConnellAll Sponsors: McConnell and HollandDrafted Document Number: jud9044.gfmCompanion Bill Number: 4684Residing Body: SenateCurrent Committee: Labor, Commerce and Industry Committee 12 SLCISubject: Funeral home owner to note name in signage, letterhead, business name, etc. when not reflected; Cemeteries
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980204 Introduced, read first time, 12 SLCI referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 40-19-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR FUNERAL ESTABLISHMENTS, SO AS TO REQUIRE A FUNERAL HOME OWNED BY AN INDIVIDUAL, A PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHOSE ACTUAL OWNERSHIP IS NOT CLEARLY REFLECTED IN THE BUSINESS NAME UNDER WHICH THE BUSINESS IS OPERATING MUST CONSPICUOUSLY NOTE IN ITS SIGNAGE, LETTERHEAD, AND ADVERTISEMENTS THE NAME OF THE INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHICH OWNS THE FUNERAL HOME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-19-130 of the 1976 Code is amended to read:
"Section 40-19-130. No person shall conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the Board and is conspicuously displayed in the funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit is required.
The secretary, inspector, or members of the Board may enter the offices or premises of any funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory for the purposes of inspecting the premises or observing the training given to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
No permit to operate a funeral establishment may be issued unless the funeral establishment has a person licensed as a funeral director who resides a reasonable distance from the establishment and is present at all times the establishment is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment, the Board has the authority to issue a temporary permit to another person upon terms and conditions the Board considers to be in the best interest of the community in which the establishment is located.
Applications for funeral establishment permits must be made on forms furnished by and filed with the Board before July second of each year and must be accompanied by a fee as fixed by the Board. All permits shall expire on June thirtieth of each year.
When more than one person proposes to engage in the operation of a funeral establishment as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the Board as the manager of the funeral establishment. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless he is licensed.
A funeral home owned by an individual, a partnership, corporation, or other entity whose actual ownership is not clearly reflected in the business name under which the business is operating must conspicuously note in its signage, letterhead, and advertisements the name of the individual, partnership, corporation, or other entity which owns the funeral home."
SECTION 2. This act takes effect upon approval by the Governor.