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Committee adopts amendment to allow next‑business‑day filing for death certificates in limited cases
Summary
After testimony from a funeral‑industry representative, the subcommittee adopted an amendment to S.894 to allow death certificates to be filed the next business day when a five‑day filing deadline falls on a weekend or holiday and advanced the bill as amended. The sponsor said the change ties filing windows to a government‑issued transit permit to reduce unfair fines on funeral homes.
The committee adopted an amendment to Senate Bill 894 and advanced the measure after hearing from Mark Smith, who identified himself as a funeral‑industry representative.
Smith explained that current statute ties the five‑day filing requirement to the date of death, which can create compliance problems when a death is not discovered for weeks. He said the amendment would link the filing deadline to a government‑issued transit or custody permit (referred to in the hearing as a "BRT"), which Smith described as a standardized document with a reliable date that better reflects when funeral professionals can complete required paperwork. Smith said the change is intended to reduce situations where funeral homes are fined for circumstances beyond their control, such as delayed discovery of a deceased person.
Committee members asked whether the change could be abused by bad actors delaying filings; Smith and others said the provision targets negligent funeral home owners and that DHEC processes and an online portal already allow for exceptions where warranted. After discussion the committee adopted the amendment and voted to advance S.894 as amended.
The bill will proceed for further consideration on the House floor.
