Indicates Matter Stricken

Indicates New Matter

 

Committee Report

January 31, 2024

 

H. 4376

 

Introduced by Reps. B. J. Cox, M. M. Smith, Caskey, T. Moore, Wooten, J. L. Johnson, Davis, Sessions, Guffey, Ligon, O'Neal and Pope

 

S. Printed 01/31/24--H.

Read the first time April 26, 2023

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 4376) to amend the South Carolina Code of Laws by amending Sections 25-12-10, 25-12-30, and 25-12-50, all relating to the disposal of unclaimed human remains of a deceased, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires coroners to release the human remains that have been identified and determined to be those of an unclaimed veteran to a funeral home, funeral establishment, or mortuary for disposition pursuant to Chapter 12, Title 25. This bill will have no expenditure impact on DVA since the bill does not alter the duties or responsibilities of the agency.

 

Local Expenditure

This bill may impact the counties' local coroners' offices. RFA contacted all forty-six counties and received responses from seven counties. The counties of Sumter, Fairfield, Dorchester, and Charleston all responded that they anticipate no impact as, while the county will incur some costs to disposition the remains, the county either currently practices these protocols for disposition of unclaimed remains or has funds budgeted to cover cremations and expenses associated with unclaimed remains. Horry County also anticipates being able to manage expenses due to this bill. Horry has one of the highest populations of veterans and estimates an average of one occurrence per month. The estimated cost per occurrence is $668, $400 for cremation, $250 for transportation, and $18 for death certificates. Additionally, Union County estimates that this would be similar to the case of an indigent person where the county incurs the cost of disposition. The county estimates a cost of $500 per occurrence for the cost of cremation and necessary paperwork. To date, Union reports that all veteran remains have been claimed. However, in the instance of an unclaimed veteran, there would be an additional estimated cost of $200 for burial. Florence County reported it had two unidentified remains but no other potential unclaimed veterans in their custody.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONs 25-12-10, 25-12-30, and 25-12-50, all RELATING TO the DISPOSAL OF UNCLAIMED human REMAINS OF A deceased VETERAN, so as to provide that the provisions of chapter 12, title 25 also apply to the disposal of unclaimed human remains of a deceased veteran and to provide that the provisions of chapter 12, title 25 are mandatory under certain circumstances; AND BY AMENDING SECTION 17-5-590, RELATING TO the DISPOSITION OF REMAINS OF UNIDENTIFIED DEAD BODIES, so as to require CorONERS to release certain human remains that have been determined to be those of an unclaimed deceased veteran to a funeral home, funeral ESTABLISHMENT, or mortuary for DISPosition pursuant to chapter 12, title 25.

 

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

 

SECTION 1.  Section 25-12-10 of the S.C. Code is amended to read:

 

    Section 25-12-10.  The unclaimed or cremated human remains of a veteran as defined in this chapter maymust be disposed of pursuant to the provisions of this chapter.

 

SECTION 2.  Section 25-12-30 of the S.C. Code is amended to read:

 

    Section 25-12-30.  A coroner or a manager of a funeral home, funeral establishment, or mortuary, which has held in its possession cremated remains for more than one hundred twenty days from the date of cremation, mayshall determine, in accordance with the provisions of this chapter, if the cremated remains are those of a veteran, and if so, mayshall dispose of those remains as provided in this chapter.

 

SECTION 3.  Section 25-12-50(A) of the S.C. Code is amended to read:

 

    (A) If a coroner or a manager of a funeral home, funeral establishment, or mortuary ascertains the cremated remains in its possession are those of a veteran, and they have not been instructed by the person in control of the disposition of the decedent's remains to arrange for the final disposal or delivery of the cremated remains, the coroner or the manager of a funeral home, funeral establishment, or mortuary mayshall dispose of the cremated remains in the manner provided in this chapter or relinquish possession of the cremated remains to a veterans' service organization.

 

SECTION 4.  Section 17-5-590 of the S.C. Code is amended to read:

 

    Section 17-5-590.  (A)If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The coroner or medical examiner must have the remains buried or interred in a cemetery in the county in which the remains were found.

    (B) If a coroner has possession of human remains that have been identified and the deceased person has been determined to be an unclaimed veteran, then the coroner must release the remains to a funeral home, funeral establishment, or mortuary for disposition pursuant to the provisions of Chapter 12, Title 25.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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