2013-2014 Bill 5068: Omnibus Regulatory Reform Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 5068 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Bedingfield and Sandifer 10 Document Path: l:\council\bills\agm\18227ab14.docx 11 Companion/Similar bill(s): 5063, 5064, 5065, 5066, 5067 12 13 Introduced in the House on April 8, 2014 14 Currently residing in the House Committee on Labor, Commerce and Industry 15 16 Summary: Omnibus Regulatory Reform Act 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 4/8/2014 House Introduced and read first time ( House Journalpage 7) 23 4/8/2014 House Referred to Committee on Labor, Commerce and Industry ( House Journalpage 7) 24 25 26 VERSIONS OF THIS BILL 27 28 4/8/2014 29 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, SO AS TO ENACT THE “OMNIBUS REGULATORY 13 REFORM ACT OF 2014”; TO AMEND SECTION 401130, 14 RELATING TO THE REQUIREMENT OF A LICENSE TO 15 PERFORM GENERAL CONTRACTING OR MECHANICAL 16 CONTRACTING SERVICES FOR A PROJECT FOR WHICH 17 THE TOTAL COST OF CONSTRUCTION EXCEEDS FIVE 18 THOUSAND DOLLARS, SO AS TO INCREASE THIS 19 AMOUNT TO TEN THOUSAND DOLLARS; TO AMEND 20 SECTION 401320, RELATING TO DEFINITIONS 21 CONCERNING PROFESSIONS AND OCCUPATIONS 22 REGULATED BY THE STATE BOARD OF COSMETOLOGY, 23 SO AS TO REVISE THE DEFINITION OF A “BEAUTY 24 SALON” TO REMOVE REFERENCES TO A RENTAL BOOTH 25 OR PART OR PLACE OF A BUILDING; TO AMEND 26 SECTION 401920, RELATING TO DEFINITIONS 27 CONCERNING THE LICENSURE OF EMBALMERS AND 28 FUNERAL DIRECTORS, SO AS TO REVISE THE 29 DEFINITION OF THE “PRACTICE OF FUNERAL SERVICE” 30 TO EXCLUDE RETAIL SALES OUTLETS AND TO REVISE 31 THE DEFINITION OF A “RETAIL SALES OUTLET”, SO AS 32 TO SPECIFY THAT AN OUTLET MAY NOT BE A PART OF 33 OR AFFILIATED WITH A FUNERAL HOME, EMBALMER, 34 OR THE FUNERAL PROCESS, AND TO PROVIDE AN 35 ESTABLISHMENT THAT SATISFIES THE DEFINITION OF A 36 RETAIL SALES OUTLET IS NOT REQUIRED TO HOLD A 37 PERMIT ISSUED BY THE STATE BOARD OF FUNERAL 38 SERVICE BUT MUST REGISTER WITH THE BOARD; TO 39 AMEND SECTION 4019265, RELATING TO PERMIT 40 REQUIREMENTS FOR FUNERAL HOMES, BRANCH 41 FUNERAL HOMES, RETAIL SALES OUTLETS, AND 42 CREMATORIES, SO AS TO REMOVE RETAIL SALES

[5068] 2 1 OUTLETS FROM THE REQUIREMENTS AND TO PROVIDE 2 FOR THE REGISTRATION OF RETAIL SALES OUTLETS, 3 AND TO CODIFY AND DECREASE EXISTING FEES; TO 4 AMEND SECTION 4019290, RELATING TO THE REQUIRED 5 MANNER OF PROVIDING PRICING INFORMATION IN 6 FUNERAL SERVICE ESTABLISHMENTS OR RETAIL SALES 7 OUTLETS, SO AS TO DELETE A REFERENCE TO RETAIL 8 SALES OUTLETS; TO AMEND SECTION 4030110, AS 9 AMENDED, RELATING TO QUALIFICATIONS FOR 10 LICENSURE AS A MASSAGE/BODYWORK THERAPIST, SO 11 AS TO REVISE THE REQUIREMENT OF A HIGH SCHOOL 12 DIPLOMA OR ITS EQUIVALENT TO INSTEAD REQUIRE AT 13 LEAST A TENTH GRADE EDUCATION OR ITS 14 EQUIVALENT; AND TO REPEAL SECTION 407255 15 RELATING TO LICENSURE REQUIREMENTS TO PRACTICE 16 HAIR BRAIDING. 17 18 Be it enacted by the General Assembly of the State of South 19 Carolina: 20 21 SECTION 1. This act must be known and may be cited as the 22 “Omnibus Regulatory Reform Act of 2014”. 23 24 SECTION 2. Section 401130 of the 1976 Code is amended to 25 read: 26 27 “Section 401130. No entity or individual may practice as a 28 contractor by performing or offering to perform contracting work 29 for which the total cost of construction is greater than five ten 30 thousand dollars for general contracting or greater than five ten 31 thousand dollars for mechanical contracting without a license 32 issued in accordance with this chapter.” 33 34 SECTION 3. Section 401320(1) of the 1976 Code is amended to 35 read: 36 37 “(1) ‘Beauty salon’ or ‘salon’ means a building or any place, or 38 part of a place or building including, but not limited to, a rental 39 booth, in which cosmetology is performed on the general public 40 for compensation.” 41 42 SECTION 4. Section 401920(18)(d) and (19) of the 1976 Code is 43 amended to read:

[5068] 3 1 2 “(d) making arrangements at or before the time of death, 3 financial or otherwise, including arrangements for cremation, for 4 providing these services, or the sale of funeral merchandise, except 5 when sold in a retail sales outlet, whether for present or future use; 6 provided, that no funeral director, embalmer, funeral company, 7 cemetery, or related entity shall charge a fee for the assignment to 8 the funeral director, embalmer, funeral company, cemetery, or 9 related entity of an insurance policy providing burial expenses, 10 excluding preneed contracts as provided in Section 32735; and 11 12 (19) ‘Retail sales outlet’ means an establishment wherein 13 funeral merchandise is sold or provided, or both, to the general 14 public but is not part of or affiliated with a funeral home, 15 embalmer, or in any way with the funeral process. A retail sales 16 outlet may not contain layout or chapel facilities and is restricted 17 solely to the sale of funeral merchandise and may not handle or 18 arrange for the handling or disposition, or both, of dead human 19 remains and may not offer or execute preneed funeral contracts, 20 except as authorized by Chapter 7, Title 32. An establishment that 21 meets the definition of a retail sales outlet must not be required to 22 obtain a permit from the board but shall register with the board 23 pursuant to Section 4019265(E).” 24 25 SECTION 5. Section 4019265 of the 1976 Code is amended to 26 read: 27 28 “Section 4019265. (A) A permit for a funeral home may be 29 issued if the applicant: 30 (1) submits an application on a form approved by the board; 31 (2) submits to and successfully passes an inspection 32 approved by the board; 33 (3) submits the applicable nonrefundable fee; 34 (4) designates a manager who meets the requirements of 35 Section 401920(16) and is current and in good standing with the 36 board and lives within a radius of twentyfive miles of the 37 establishment; 38 (5) possesses the necessary equipment or merchandise, or 39 both, required by regulation; 40 (6) is in full compliance with Section 4019290. 41 (B) A permit for a branch funeral home may be issued if the 42 applicant: 43 (1) submits an application on a form approved by the board;

[5068] 4 1 (2) submits to and successfully passes an inspection 2 approved by the board; 3 (3) submits the applicable nonrefundable fee; 4 (4) designates a manager who meets the requirements of 5 Section 401920(16) and is current and in good standing with the 6 board and lives within a radius of twentyfive miles of the 7 establishment; 8 (5) possesses the necessary equipment or merchandise, or 9 both, required by regulation; 10 (6) is in full compliance with Section 4019290; 11 (7) provides the name of the parent funeral home. 12 (C) A permit for a retail sales outlet may be issued if the 13 applicant: 14 (1) submits an application on a form approved by the board; 15 (2) submits to and successfully passes an inspection 16 approved by the board; 17 (3) submits the applicable nonrefundable fee; 18 (4) is in full compliance with Section 4019290. 19 (D) A permit for a crematory may be issued if the applicant: 20 (1) submits an application on a form approved by the board; 21 (2) submits to and successfully passes an inspection 22 approved by the board; 23 (3) submits the applicable nonrefundable fee; 24 (4) designates a manager who meets the requirements of 25 Section 401920(16) and is current and in good standing with the 26 board and lives within a radius of twentyfive miles of the 27 establishment; 28 (5) possesses the necessary equipment or merchandise, or 29 both, required by regulation; 30 (6) is in full compliance with Section 4019290; 31 (7) provides evidence of employment of a factory trained 32 operator. 33 (ED) An application for a permit issued pursuant to this 34 section must identify every person having the ability to direct the 35 management or policies, or both, of the funeral establishment 36 including, but not limited to, corporate officers employed, 37 shareholders, partners, and other representatives of the corporation 38 or business. 39 (E)(1) The board shall create and maintain a central registry of 40 retail sales outlets. This registry must include the name, street 41 address, mailing address, telephone number, and registered agent 42 for service of process of each retail sales outlet registered with the 43 board, along with an indication of the date the initial registration

[5068] 5 1 occurred, and, if applicable, renewed, and whether the registration 2 is active. A registration must be renewed biennially from the date 3 of initial registration. 4 (2) Registration for a initial or renewal retail sales outlet 5 may be issued to an applicant who: 6 (a) submits a completed application of a form approved 7 by the department; 8 (b) pays a fee of one hundred dollars for an initial 9 registration or one hundred dollars for a renewal registration, as 10 applicable; and 11 (c) is in full compliance with the provisions of Section 12 401920(18)(d) and (19). 13 (3) The board may use fees collected under item (2)(c) for 14 the development and maintenance of the registry and registration 15 forms.” 16 17 SECTION 6. Section 4019290(C) of the 1976 Code is amended to 18 read: 19 20 “(C) A funeral service establishment, or crematory, or retail 21 sales outlet shall have a card or brochure with each piece of funeral 22 merchandise stating the price of the merchandise.” 23 24 SECTION 7. Section 4030110(1) of the 1976 Code, as last 25 amended by Act 41 of 2013, is further amended to read: 26 27 “(1) must be at least eighteen years of age and have received a 28 high school diploma or graduate equivalency diploma tenth grade 29 education or the equivalent of a tenth grade education;” 30 31 SECTION 8. Section 407255 of the 1976 Code is repealed. 32 33 SECTION 9. This act takes effect upon approval by the 34 Governor. 35 XX 36

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