Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 5, 2026

 

H. 4188

 

Introduced by Reps. Pope, B. Newton, M. M. Smith, Cox, Brewer, Ford, Davis and Robbins

 

S. Printed 2/5/26--H.

Read the first time March 20, 2025

 

________

 

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

To whom was referred a Bill (H. 4188) to amend the South Carolina Code of Laws by amending Section 17-5-590, relating to disposition of remains of unidentified dead bodies by coroners, so as to include, 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

Local Expenditure

This bill states that if the body of a dead person is unidentifiable or unclaimed, the remains may be cremated 30 days from the date of death or date of discovery. Currently, unidentifiable remains may not be cremated for at least 30 days. Additionally, this bill adds that unclaimed remains must be buried or interred in a cemetery in the county in which the remains were found. Further, this bill allows a coroner to release the remains of a deceased person to another family member when the next of kin is charged in connection with the death or is otherwise uncooperative in claiming the remains.

RFA contacted all forty-six counties and MASC regarding this legislation and received responses from the counties of Charleston, Dorchester, Horry, and Lancaster, and MASC. The counties of Charleston, Dorchester, and Lancaster indicate that the bill will have no expenditure impact. Charleston County expresses concern that requiring the counties to have the unclaimed remains buried or interred in a cemetery in the county in which the remains were found could create additional expenses for counties that do not own burial land or have vault space. Additionally, Charleston County indicates that this bill may result in additional expenses for the county related to potentially having to access the vault for cremated remains more frequently. However, this bill does not address the time in which the remains must be buried or interred in a cemetery. Horry county states allowing other family members to take possession of the remains of a deceased person in the circumstances outlined in this bill may result in cost savings for the county. However, the county is unable to determine the decrease in expenditures. MASC indicates that this bill relates solely to coroner procedures, which is a function of the county level. Therefore, this bill will have no impact on municipalities.

 

 

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 SECTION 17-5-590, RELATING TO DISPOSITION OF REMAINS OF UNIDENTIFIED DEAD BODIES BY CORONERS, SO AS TO INCLUDE UNCLAIMED REMAINS IN THE PURVIEW OF THE STATUTE, AND TO AUTHORIZE CORONERS TO RELEASE REMAINS TO FAMILY MEMBERS, RATHER THAN THE NEXT OF KIN, WHEN THE NEXT OF KIN IS CHARGED IN CONNECTION WITH THE DEATH OR OTHERWISE UNCOOPERATIVE IN CLAIMING REMAINS.

 

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

 

SECTION 1.  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 or unclaimed, the remains may not be cremated for at least thirty days from the date of death or date of discovery. 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) When the next of kin of the deceased person is charged in connection with the death or is otherwise uncooperative in claiming remains, the coroner is authorized to release remains to another family member of the deceased person.

    (B)(C) 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 2.  This act takes effect upon approval by the Governor.

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