2003-2004 Bill 4878: Cemetery License Fees - South Carolina Legislature Online

South Carolina General Assembly

115th Session, 2003-2004

H. 4878

STATUS INFORMATION

General Bill

Sponsors: Reps. Kirsh and Cato

Document Path: l:\council\bills\nbd\12230ac04.doc

Introduced in the House on March 3, 2004

Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Cemetery license fees

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

3/3/2004HouseIntroduced and read first time HJ4

3/3/2004HouseReferred to Committee on Medical, Military, Public and Municipal AffairsHJ5

3/17/2004HouseRecalled from Committee on Medical, Military, Public and Municipal AffairsHJ16

3/17/2004HouseReferred to Committee on Labor, Commerce and IndustryHJ16

VERSIONS OF THIS BILL

3/3/2004

A BILL

TO AMEND SECTION 40880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 40880 of the 1976 Code, as added by Act 322 of 2002, is amended to read:

“Section 40880.(A)The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40150(D):

(1)aan annual license fee of eight hundred fifty dollars, annuallybased upon the number of interments performed annually by a licensee, with a minimum annual fee of two hundred fifty dollars; this fee structure must be established by the department in regulation and may be adjusted as the department considers necessary;

(2)an application fee of two hundred fifty dollars.

(B)Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows:

(1)a license fee of four hundred dollars, annually;

(2)an application fee of two hundred fifty dollars.

(C)TheA license period is valid from January first through December thirtyfirst.

(D)(C)Failure to renew a license by the December thirtyfirst renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January thirtyfirst. Delinquent renewal requests not postmarked on or before January thirtyfirst require that a new application be submitted under the guidelines in effect for the current period.

(E)(D)All fees are nonrefundable.”

SECTION2.This act takes effect upon approval by the Governor and applies to licenses renewed or issued after June 30, 2004.

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