Committee pauses debate on bill to require cemetery upkeep after stakeholder concerns

The Medical, Military, Public and Municipal Affairs Committee paused debate on a bill intended to enable local governments to require cemetery owners and operators to maintain, preserve and keep cemeteries free of rubbish and health hazards.

Representative Gilliard, who introduced the measure, told the committee that the proposal would authorize municipalities and counties to adopt ordinances requiring cemetery owners and operators to correct unhealthy conditions after notification. "All this is in summary is just self explanatory, just to hold people responsible, whether it's perpetual, non perpetual cemeteries, just make them accountable because we got a huge problem in the state of South Carolina with these, unkept cemeteries," Gilliard said, describing visits to historic sites where "caskets, literally sticking out of the ground."

The committee heard detailed testimony about one Charleston-area historic cemetery that dates to the mid-1800s. Gilliard said families and community members reported exposed remains and deteriorating gravesites; he said local licensing offered limited leverage to compel corrective action. He also reported that when he contacted the Department of Health and Environmental Control (DHEC) for assistance, DHEC staff said — according to his account — the agency requires evidence of bones or body parts protruding from the ground before it will act.

Mark Smith, a funeral home owner who identified himself as having long ties to the Lowcountry, urged the committee to delay action and bring additional stakeholders into talks. Smith said cultural burial customs in some faith communities include burial vaults or covers that may be exposed or placed above ground, and that current state law already requires certain burial-vault depths. "I would ask y'all to maybe defer this bill for now because I am aware that key stakeholders, including the Funeral Directors Association, including the Cemetery Association, and, many other professionals ... would be easily labeled as stakeholders in this," Smith said, arguing the committee should study the issue further to avoid unintended consequences.

Committee members raised questions about the bill's reach, including whether it would apply to private family plots and how a municipality could place a lien to recover cleanup costs if a cemetery is public or nonprofit-owned. One member said he would follow up to clarify how many active cemeteries are licensed and how many are publicly owned; the witness said those figures were "not specified" and he would get back to the committee.

Given the scope of technical and cultural issues, the committee voted to adjourn debate to allow more outreach to stakeholders, including funeral professionals and cemetery associations. A motion to adjourn debate was made, seconded and approved by voice/roll call (Chairman Joe Bustos, aye; Chairwoman Davis, aye; Representative Sarita Edgerton, aye; Representative Jones, aye; Representative Blake Sanders, aye). Committee members asked staff to gather additional information and involve organizations that did not testify.