NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1149

HOUSE BILL 1241

 

 

AN ACT TO AMEND ARTICLE 7 OF CHAPTER 65 RELATING TO CEMETERIES OPERATED FOR PRIVATE GAIN.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 65-19(c) is hereby amended by striking the following words: "or family burial plot.", and by inserting in lieu thereof the following words: ", family burial plot, mausoleum crypt and columbarium.", so as to read as follows:

"(c)       Sale or Conveyance. The words 'sale' or 'conveyance,' as used herein, unless obviously used in some other sense, shall be deemed to refer to and authorize any form of contract by means of which cemetery transfers or agrees to transfer to purchaser title to or exclusive right of interment in a grave space, family burial plot, mausoleum crypt and columbarium."

Sec. 2.  G.S. 65-20 is hereby amended by striking the word "may" as it appears in line 1 of the second paragraph, and by inserting in lieu thereof the word "shall".

Sec. 3.  G.S. 65-22 is hereby amended by striking the word "ten", and by inserting in lieu thereof the word "fifteen", and by inserting after the word "space" the following: "and niche and forty dollars per mausoleum crypt", so as to read as follows:

"No such cemetery shall hereafter cause or permit advertising of perpetual care fund in connection with the sale or offer for sale of its property unless the amount deposited in said fund from all sales made subsequent to the passage of this Article shall be equal to not less than fifteen dollars ($15.00) per grave space and niche and forty dollars ($40.00) per mausoleum crypt, sold, said sum to be deposited in perpetual care fund as provided in G.S. 65‑23, except as provided in G.S. 65-27."

Sec. 4.  G.S. 65-24 is hereby amended by striking the word "ten", and by inserting in lieu thereof the word "fifteen", and by inserting after the word "space", the following: "and niche and forty dollars for above ground mausoleum", and by inserting after the word "space", the following: "or niche or mausoleum", so as to read as follows:

"Such cemetery shall set aside in its perpetual care fund not less than fifteen dollars ($15.00) per grave space and niche and forty dollars ($40.00) for above ground mausoleum hereafter sold. The income only derived from the investment of such fund may be used to defray expense of upkeep and maintenance of such cemetery. Provided that for the purpose of this section a grave space or niche or mausoleum shall be considered to be sold at such time as the purchaser thereof has acquired unconditional right of interment therein."

Sec. 5.  G.S. 65-27 is hereby amended by striking the following words: "one hundred thousand dollars ($100,000)", and by inserting in lieu thereof the following words: "one hundred fifty thousand dollars ($150,000)", and by striking the following words: "five dollars ($5.00)", and by inserting in lieu thereof the following words: "ten dollars ($10.00)".

Sec. 6.  G.S. 65-30 is hereby amended by striking the following words as they appear in the third paragraph: "authorized in his discretion", and by inserting in lieu thereof the following word, "directed", and by adding at the end of the third paragraph the following sentence: "If such records have not been corrected as requested by the Commissioner within ninety (90) days, the Commissioner shall cause prosecution to be commenced in accordance with G.S. 65-31."

Sec. 7.  G.S. 65-30 is hereby amended by the addition of the following paragraphs:

"No later than thirty (30) days after the final payment has been made by any purchaser of a grave space, the owner, operator or person in charge of such cemetery shall deliver to such purchaser a deed or right of interment for such grave space; and in addition thereto, such owner, operator or person in charge of such cemetery shall, within said thirty (30) days, place in the fund required by G.S. 65-23 and G.S. 65-23.1 the amount required by law."

"The Burial Commissioner or his agent shall have authority to inspect and audit any and all records of a perpetual care cemetery to determine compliance with the provisions of this Article. Failure of any person, firm or corporation to permit the Burial Commissioner or his agent to inspect and audit the records of such perpetual care cemetery shall be deemed a violation of this Article."

Sec. 8.  G.S. 65-34 is hereby amended by striking the following words as they appear in the first sentence: "may, in his discretion," and by inserting in lieu thereof the following word: "shall".

Sec. 9.  This act shall apply to sales made or agreements entered into on and after January 1, 1972.

Sec. 10.  This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.