GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 808
Short Title: Merge Cemetery Comm./Funeral Service Board.
Representatives Boles and Alexander (Primary Sponsors).
For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
April 11, 2013
A BILL TO BE ENTITLED
AN ACT TO MERGE THE NORTH CAROLINA CEMETERY COMMISSION WITH THE NORTH CAROLINA BOARD OF FUNERAL SERVICE AND TO TRANSFER THE DUTIES AND POWERS OF THE NORTH CAROLINA CEMETERY COMMISSION TO THE NORTH CAROLINA BOARD OF FUNERAL SERVICE; RENAME THE NORTH CAROLINA BOARD OF FUNERAL SERVICE; AND MAKE CONFORMING CHANGES.
The General Assembly of North Carolina enacts:
SECTION 1. Effective December 31, 2013, the North Carolina Cemetery Commission is abolished and the authority, powers, duties, and functions vested in the North Carolina Cemetery Commission are transferred to the North Carolina Board of Funeral Service, which shall be renamed the North Carolina Funeral Service and Cemetery Board. All records, property, and unexpended balances of funds of the North Carolina Cemetery Commission are transferred in their entirety to the North Carolina Funeral Service and Cemetery Board.
SECTION 2. G.S. 65-46, G.S. 65-48 through G.S. 65-53.1, and G.S. 90-210.20 of the General Statutes are repealed.
SECTION 3. Chapter 90 of the General Statutes is amended by adding the following new Article to read:
"Funeral and Cemetery Services."
SECTION 4. G.S. 65-47 is recodified as G.S. 90-210.142 under Part 1 of Article 13G of Chapter 90 of the General Statutes to be entitled "General Provisions."
SECTION 5. Part 1 of Article 13G of Chapter 90 of the General Statutes, as enacted in Section 4 of this act, reads as rewritten:
"Part. 1. General Provisions.
"§ 90-210.140. Definitions.
Unless the context requires otherwise, the following definitions apply in this Article:
(1) Advertisement. - The publication, dissemination, circulation, or placing before the public or causing directly or indirectly to be made, published, disseminated, or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag or over any radio, television station, or electronic medium.
(2) Bank of belowground crypts. - Any construction unit of belowground crypts acceptable to the Board which a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures.
(3) Belowground crypts. - An interment space consisting of preplaced chambers, either side by side or multiple depth, covered by earth and sod and are also known as lawn crypts, westminsters, or turf top crypts.
(4) Board. - The North Carolina Funeral Service and Cemetery Board.
(5) Burial. - Interment in any form, cremation, and the transportation of the dead human body as necessary therefor.
(6) Cemetery. - Any one or a combination of more than one of the following in a place used or to be used and dedicated or designated for cemetery purposes:
a. A burial park for earth interment.
b. A mausoleum.
c. A columbarium.
(7) Cemetery broker. - A legal entity engaged in the business of arranging sales of cemetery products between legal entities and which sale does not involve a cemetery company, but does not mean funeral establishments or funeral directors operating under G.S. 90-210.155, when dealing between legal entities wherein one of the entities shall be members of the family of a deceased person or other persons authorized by law to arrange for the burial and funeral of such deceased human being. This Article shall not apply to any cemetery broker selling less than five grave spaces per year.
(8) Cemetery company. - Any legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by governmental agencies, churches, and fraternal organizations or their corporate agents for the duration of any sales and management contracts entered into with cemetery sales organizations or cemetery management organizations for cemetery purposes, or with any other legal entity other than direct employees of said governmental agency, church, or fraternal organization.
(9) Cemetery management organization. - Any legal entity contracting as an independent contractor with a cemetery company to manage a cemetery, but does not mean individual managers employed by and contracting directly with cemetery companies operating under this Article.
(10) Cemetery sales organization. - Any legal entity contracting with a cemetery which is exempt or not exempt under this Article to conduct sales of cemetery products, but does not mean individual salesmen or sales managers employed by and contracting directly with cemetery companies operating under this Article.
(11) Columbarium. - A structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.
(12) Chapel. - A chapel or other facility separate from the funeral establishment premises for the primary purpose of reposing of dead human bodies, visitation, or funeral ceremony that is owned, operated, or maintained by a funeral establishment under this Article and that does not use the word "funeral" in its name, on a sign, in a directory, in advertising, or in any other manner; in which or on the premises of which there is not displayed any caskets or other funeral merchandise; in which or on the premises of which there is not located any preparation room; and of which no owner, operator, employee, or agent thereof represents the chapel to be a funeral establishment.
(13) Dead human bodies. - The bodies of deceased humans, including fetuses beyond the second trimester and the ashes from cremated bodies.
(14) Embalmer. - Any person engaged in the practice of embalming.
(15) Embalming. - The preservation and disinfection or attempted preservation and disinfection of dead human bodies by application of chemicals externally, internally, or both and the practice of restorative art including the restoration or attempted restoration of the appearance of a dead human body. Embalming shall not include the washing or use of soap and water to cleanse or prepare a dead human body for disposition by the authorized agents, family, or friends of the deceased who do so privately without pay or as part of the ritual washing and preparation of dead human bodies prescribed by religious practices; provided, that no dead human body shall be handled in a manner inconsistent with G.S. 130A-395.
(16) Funeral directing. - Engaging in the practice of funeral service except embalming.
(17) Funeral director. - Any person engaged in the practice of funeral directing.
(18) Funeral establishment. - Every place or premises devoted to or used in the care, arrangement, and preparation for the funeral and final disposition of dead human bodies, maintained for the convenience of the public in connection with dead human bodies, or as the place for carrying on the practice of funeral service.
(19) Funeral service licensee. - A person who is duly licensed and engaged in the practice of funeral service.
(20) Funeral service. - The aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as an organized, purposeful, time-limited, flexible, group-centered response to death.
(21) Grave space. - A space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.
(22) Human remains or remains. - The bodies of deceased persons, including the bodies in any stage of decomposition and cremated remains.
(23) Mausoleum. - A structure or building substantially exposed aboveground intended to be used for the entombment of remains of a deceased person.
(24) Mausoleum section. - Any construction unit of a mausoleum acceptable to the Board which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(25) Person. - An individual, corporation, partnership, joint venture, or association as it relates to the operation of a cemetery.
(26) Practice of funeral service. - Engaging in the care or disposition of dead human bodies or in the practice of disinfecting and preparing, by embalming or otherwise, dead human bodies for the funeral service, transportation, burial, or cremation, or in the practice of funeral directing or embalming as presently known, whether under these titles, designations, or otherwise. "Practice of funeral service" also means engaging in making arrangements for funeral service, selling funeral supplies to the public, or making financial arrangements for the rendering of the services or the sale of the supplies.
(27) Resident trainee. - A person who is engaged in preparing to become licensed for the practice of funeral directing, embalming, or funeral service under the personal supervision and instruction of a person duly licensed for the practice of funeral directing, embalming, or funeral service in the State of North Carolina under the provisions of this Chapter and who is duly registered as a resident trainee with the Board.
(28) Vault. - A crypt or underground receptacle which is used for interment in the ground and which is designed to encase and protect caskets or similar burial devices. For the purposes of this Article, a vault is a pre-need item until delivery to the purchaser.
"§ 90-210.141. License required for funeral service or cemetery operation.
(a) An individual shall not engage in the practice of funeral directing, embalming, or funeral service as defined in G.S. 90-210.140 unless the individual is licensed in accordance with Part 3 of this Article.
(b) A person shall not operate as a cemetery company or sell pre-need grave space without first receiving a license to conduct the business in accordance with Part 4 of this Article.
Scope.Application of Article.
(a) The provisions
of this Article shall apply to all persons engaged in the practice of
funeral service and the business of operating a cemetery as defined
except cemeteries in this Article. Cemeteries owned and
operated by governmental agencies or churches.churches shall be
exempt from this Article.
(b) Any cemetery
beneficially owned and operated by a fraternal organization or its corporate
agent for at least 50 years prior to September 1, 1975, shall be exempt from
of Article 9 of this Chapter.Article.
(c) The provisions of this Article shall not apply to persons licensed under Article 13D of Chapter 90 of the General Statutes when engaging in activities for which a license is required under the Article."
SECTION 6. The following sections of Article 13A of Chapter 90 of the General Statutes are recodified as Part 2 of Article 13G of Chapter 90 of the General Statutes, to be entitled "Funeral Service and Cemetery Board."
(1) G.S. 90-210.18A is recodified as G.S. 90-210.145.
(2) G.S. 90-210.19 is recodified as G.S. 90-210.146.
(3) G.S. 90-210.22 is recodified as G.S. 90-210.147.
(4) G.S. 90-210.23 is recodified as G.S. 90-210.148.
(5) G.S. 90-210.24 is recodified as G.S. 90-210.149.
SECTION 7. Part 2 of Article 13G of Chapter 90 of the General Statutes, as enacted by Section 6 of this act, reads as rewritten:
"Part 2. Funeral Service and Cemetery Board.
Board of Funeral Service and Cemetery Board created;
qualifications; vacancies; removal.
(a) Purpose. - The
General Assembly declares that the practice of funeral service
the operation of cemeteries affect the public health, safety, and welfare
and is are subject to regulation and control in the public
interest. The public interest requires that only qualified persons be permitted
to practice funeral service and operate cemeteries in North Carolina and
that the professionthese professions merit the confidence of the
public. This Article shall be liberally construed to accomplish these ends.
Created. - The North Carolina
Board of Funeral Service and
Cemetery Board is created and shall regulate the practice of funeral
service and the operation of cemeteries in this State. The Board shall
have nine 12 members as follows:
members appointed by the Governor from nominees recommended by the North
Carolina Funeral Directors Association, Inc. These members shall be persons
licensed under this Article.
(2) Two members appointed by the Governor from nominees recommended by the Funeral Directors & Morticians Association of North Carolina, Inc. These members shall be persons licensed under this Article.
members appointed by the Governor who is licensed under this Article and
who isare not affiliated with any funeral service trade association.association
or cemetery operation.
(3a) Two members appointed by the Governor from a list of six nominees recommended by the North Carolina Cemetery Association.
members appointed by the General Assembly, upon the recommendation of the
President Pro Tempore of the Senate. This One member shall be a
person who is not licensed under this Article or employed by a person who is
licensed under this Article.Article and one member shall be a person
who owns or manages a cemetery located in North Carolina.
members appointed by the General Assembly, upon the recommendation of the
Speaker of the House of Representatives. This One member shall be
a person who is not licensed under this Article or employed by a person who is
licensed under this Article.Article and one member shall be a person
who owns or manages a cemetery located in North Carolina.
(b1) Terms. - Members of the Board shall serve staggered three-year terms, ending on December 31 of the last year of the term or when a successor has been duly appointed, whichever is later. No member may serve more than two complete consecutive terms.
"§ 90-210.147. Required meetings of the Board.
The Board shall hold at least four meetings in each year. In
addition, the Board may meet as often as the proper and efficient discharge of
its duties shall require.
Five Seven members shall constitute a
"§ 90-210.148. Powers and duties of the Board.
(a) The Board is
authorized to adopt and promulgate
such the rules and regulations
for transaction of its business business, specifications for the
minimum quality of any product sold, and for the carrying out and
enforcement of the provisions of this Article as may be necessary and as are
consistent with the laws of this State and of the United States.
(b) The Board shall elect from its members a president, a vice-president and a secretary, no two offices to be held by the same person. The president and vice-president and secretary shall serve for one year and until their successors shall be elected and qualified. The Board shall have authority to engage adequate staff as deemed necessary to perform its duties.
(c) The members of
the Board shall serve without compensation provided that
such the members
shall be reimbursed for their necessary traveling expenses and the necessary
expenses incident to their attendance upon the business of the Board, and in
addition thereto they shall receive per diem and expense reimbursement as
provided in G.S. 93B-5 for every day actually spent by such the member
upon the business of the Board. All expenses, salaries and per diem provided
for in this Article shall be paid from funds received under the provisions of
this Article and shall in no manner be an expense to the State.
(d) Every person
licensed by the Board and every resident trainee shall furnish all information
required by the Board reasonably relevant to the practice of the profession or business
for which the person is a licensee or resident trainee. Every funeral service
establishment and its
records andrecords; every place of business
where the practice of funeral service or embalming is carried on and its
records records; and every cemetery, cemetery broker, cemetery company,
cemetery management organization, and cemetery sales organization and their
records shall be subject to inspection by the Board during normal hours of
operation and periods shortly before or after normal hours of operation and
shall furnish all information required by the Board reasonably relevant to the
business therein conducted. Every licensee, resident trainee, embalming
facility, and funeral service establishment establishment,
cemetery, cemetery broker, cemetery company, cemetery management organization,
and cemetery sales organization shall provide the Board with a current post-office
address which shall be placed on the appropriate register and all notices
required by law or by any rule or regulation of the Board to be mailed to any
licensee, resident trainee, embalming facility, or funeral service establishment
establishment, cemetery, cemetery broker, cemetery company, cemetery
management organization, or cemetery sales organization shall be validly
given when mailed to the address so provided.
(d1) The Board is empowered to hold hearings in accordance with the provisions of this Article and of Chapter 150B to subpoena witnesses and to administer oaths to or receive the affirmation of witnesses before the Board.
In any show cause hearing before the Board held under the authority of Chapter 150B of the General Statutes where the Board imposes discipline against a licensee, the Board may recover the costs, other than attorneys' fees, of holding the hearing against all respondents jointly, not to exceed two thousand five hundred dollars ($2,500).
(e) The Board is
empowered to regulate and inspect, according to law, funeral service
andestablishments, embalming facilities,facilities, cemeteries,
cemetery brokers, cemetery companies, cemetery management organizations, and
cemetery sales organizations, their operation, and the licenses under which
they are operated, and to enforce as provided by law the rules, regulations,
and requirements of the Division of Health Services and of the city, town, or
county in which the funeral service establishment or embalming facility is
maintained and operated. Any funeral establishment or establishment, embalming
facility facility, cemetery, cemetery broker, cemetery company,
cemetery management organization, or cemetery sales organization that, upon
inspection, is found not to meet all of the requirements of this Article shall
pay a reinspection fee to the Board for each additional inspection that is made
to ascertain that the deficiency or other violation has been corrected. The
Board is also empowered to enforce compliance with the standards set forth in
Funeral Industry Practices, 16 C.F.R. 453 (1984), as amended from time to time.
(e1) When the Board finds that failure by a licensee to maintain a cemetery properly has caused that cemetery to be a public nuisance or a health or safety hazard, the Board may bring an action for injunctive relief against the responsible licensee in the superior court of the county in which the cemetery or any part thereof is located.
(e2) The Board may apply to the courts in its own name for injunctive relief to prevent violations of this Article or violations of any rules adopted pursuant to this Article. Any court may grant injunctive relief regardless of whether criminal prosecution or any other action is instituted as a result of the violation. A single violation is sufficient to invoke the injunctive relief under this subdivision. In any of these actions, an order or judgment may be entered awarding a temporary or permanent injunction as may be deemed proper; provided, that before any of these actions is brought the Board shall give the cemetery at least 20 days' notice in writing, stating the alleged violation and giving the cemetery an opportunity within the 20-day period to cure the violation. In addition to all other means provided by law for the enforcement of a temporary restraining order, temporary injunction, or permanent injunction, the court shall have the power and jurisdiction to impound and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records appertaining thereto or so much thereof as the court may deem reasonably necessary to prevent further violation of this Article through or by means of the use of said property and business. The Board may institute proceedings against the cemetery or its officers, where after an examination pursuant to this Article a shortage in the care and maintenance trust fund, merchandise trust fund, or mausoleum and belowground crypts preconstruction trust fund is discovered, to recover the shortage.
(e3) To examine a cemetery company's records when a person applies for a change of control of the company.
(e4) The Board may investigate, upon its own initiative or upon a verified complaint in writing, the actions of any person engaged in the business or acting in the capacity of a licensee under this Article. The license of a licensee may be revoked or suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, where the licensee in performing or attempting to perform any of the acts specified in this Article has been guilty of any of the following:
(1) Failing to pay the fees required herein.
(2) Failing to make any reports required by this Article.
(3) Failing to remit to the care and maintenance trust fund, merchandise trust fund, or preconstruction trust fund the required amounts.
(4) Making any substantial misrepresentation.
(5) Making any false statement of a character likely to influence or persuade.
(6) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salesmen.
(7) Violating any provision of this Article or rule promulgated by the Board.
(8) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(e5) Whenever any special additional audit or examination of a licensee's premises, facilities, books, or records is necessary because of the failure of the licensee to comply with the requirements imposed in this Article or by the rules and regulations of the Board, to charge a fee based on the cost of the special examination or audit, taking into consideration the salary of any employees involved in the special audit or examination and any expenses incurred.
(f) The Board may establish, supervise, regulate and control programs for the resident trainee. It may approve schools of mortuary science or funeral service, graduation from which is required by this Article as a qualification for the granting of any license, and may establish essential requirements and standards for such approval of mortuary science or funeral service schools.
(g) Schools for
teaching mortuary science which are approved by the Board shall have extended
to them the same privileges as to the use of bodies for dissecting while
teaching as those granted in this State to medical colleges, but
bodies shall be obtained through the same agencies which provide bodies for
(h) The Board shall adopt a common seal.
(h1) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
(h2) The Board may employ legal
counsel and clerical and technical assistance, and fix the compensation
therefor, and incur
such any other expenses as may be deemed
necessary in the performance of its duties and the enforcement of the
provisions of this Article or as otherwise required by law and as may be
necessary to carry out the powers herein conferred.
(i) The Board
such any other acts and exercise such any other
powers and duties as may be provided elsewhere in this Article or otherwise by
law and as may be necessary to carry out the powers herein conferred.
Inspector.Inspectors; compliance with Article.
(a) The Board
shall appoint one or more agents who shall serve at the
pleasure of the Board and who shall have the title "Inspector of the North
Carolina Board of Funeral Service."Service and Cemetery
Board." No person is eligible for appointment as inspector unless at
the time of the appointment the person is licensed under this Article as a
funeral service licensee.Article.
(b) To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may do any of the following:
(1) Enter the
office, establishment or place of business of any funeral service licensee,
funeral director or embalmer in North Carolina, and any office, establishment
or place in North Carolina where the practice of funeral service or embalming
is carried on, or where that practice is advertised as being carried on, or
where a funeral is being conducted or a body is being embalmed, to inspect the
records, office, establishment, or facility, or to inspect the practice being
carried on or license or registration of any licensee and any resident trainee
(2) Enter any
hospital, nursing home, or other institution from which a dead human body has
been removed by any person licensed under this Article or their designated
representative to inspect records pertaining to the removal and its
(3) May inspect criminal and probation records of licensees and applicants for licenses under this Article to obtain evidence of their character.
(4) Enter the office, establishment, or place of business in North Carolina of any cemetery broker, cemetery company, cemetery management organization, cemetery sales organization, or pre-need sales licensee to inspect the records, office, establishment, or facility or to inspect the practice conducted or license of any licensee.
mayMay serve papers and subpoenas issued by the Board or any office
or member thereof under authority of this Article, and shall perform other
duties prescribed or ordered by the Board.
(c) Upon request by the Board, the Attorney General of North Carolina shall provide the inspectors with appropriate identification cards, signed by the Attorney General or his designated agent.
(d) The Board may prescribe an inspection form to be used by the inspectors in performing their duties."
SECTION 8. The following sections of Article 13A of Chapter 90 of the General Statutes are recodified as Part 3 of Article 13G of Chapter 90 of the General Statutes, to be entitled "Funeral Service License."
(1) G.S. 90-210.25 is recodified as G.S. 90-210.155.
(2) G.S. 90-210.25B is recodified as G.S. 90-210.156.
(3) G.S. 90-210.26 is recodified as G.S. 90-210.157.
(4) G.S. 90-210.27A is recodified as G.S. 90-210.158.
(5) G.S. 90-210.28 is recodified as G.S. 90-210.159.
(6) G.S. 90-210.29 is recodified as G.S. 90-210.160.
(7) G.S. 90-210.29B is recodified as G.S. 90-210.161.
SECTION 9. G.S. 65-54 through G.S. 65-71 are recodified as Part 4 of Article 13G of Chapter 90 of the General Statutes, G.S. 90-210.165 through G.S. 90-210.184 to be entitled "Cemetery License."
SECTION 10. G.S. 65-54, recodified as G.S. 90-210.165 by Section 8 of this act, reads as rewritten:
budget of Commission;cemetery and inspection fee;
collection of funds. The Commission shall prepare an annual budget and shall
collect the sums of money required for this budget from yearly fees and from
any other sources provided in this Article. On or before July 1 of each
year, each licensed cemetery shall pay a license fee to be set by the Commission
Board in an amount not to exceed six hundred dollars ($600.00). In
addition, each licensed cemetery shall pay to the Commission Board an
inspection fee for each grave space, niche, or mausoleum crypt when the
certificate of interment right is issued and shall pay a fee for each vault,
belowground crypt, memorial, or opening and closing of a grave space that is
included in a preneed cemetery contract. The inspection fee for each grave
space, niche, or mausoleum crypt is payable when the certificate of interment
right is issued and may not exceed four dollars ($4.00). The fee for each of
the listed items that are included in a preneed cemetery contract is payable
when the contract is made and may not exceed ten dollars ($10.00)."
SECTION 11. G.S. 65-55(a), as recodified as G.S. 90-210.166(a) by Section 8 of this act, is repealed.
SECTION 12. G.S. 65-56, recodified as G.S. 90-210.167 by Section 8 of this act, reads as rewritten:
"§ 90-210.167. Existing companies; effect of Article.
Existing cemetery companies at the time of the adoption of
this Chapter shall continue in full force and effect and be granted a license
but shall hereafter be operated in accordance with the provisions of Article
13G of this Chapter."
SECTION 13. G.S. 90-210.29A, 65-72, and 65-73 are recodified as G.S. 90-210.170 through G.S. 90-210.173 in Part 5 of Article 13G of Chapter 90 of the General Statutes, to be entitled "Miscellaneous Provisions."
SECTION 14. G.S. 58-58-97 reads as rewritten:
"§ 58-58-97. Provision of life insurance information upon notification of insured's death.
(a) Any person
licensed to practice funeral directing or any employee of a funeral
establishment licensed under the provisions of Article
13A 13G of
Chapter 90 of the General Statutes providing funeral service, as that term is
defined in G.S. 90-210.20, for a deceased person insured or believed to be
insured under a contract of life insurance or under a group life insurance
policy may request information regarding the deceased person's life insurance
contracts by providing an insurer with (i) a copy of a notification of death
filed pursuant to G.S. 130A-112, (ii) written authorization from the
person or persons with legal authority to direct disposition of the deceased's
body as prescribed under G.S. 90-210.124 or G.S. 130A-420, and (iii)
in the case of a person covered or believed to be covered under a group life
insurance policy, the affiliation of the deceased entitling them to coverage
under the group life insurance policy. As soon as possible after receipt of the
request, the life insurance company shall inform the person authorized by this
section to make an inquiry of the following:
(1) The existence of any contract insuring the life of the deceased person.
(2) Any beneficiaries on record under any life insurance contract insuring the life of the deceased person.
(3) The amount of any liens or loans outstanding on the policy.
(4) The amount of benefits payable to the beneficiaries.
(5) Whether the policy has been reinstated within the last 24 months.
The insurer shall provide a claim form to any person or assignee making the request.
SECTION 15. G.S. 65-106 reads as rewritten:
"§ 65-106. Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment expenses; due care required.
(f) The party
effecting the disinterment, removal, and reinterment of a decedent's remains
under the provisions of this Part shall ensure that the site in which
reinterment is accomplished shall be of such suitable dimensions to accommodate
the remains of that decedent only and that such site shall be reasonably
accessible to all relatives of that decedent, provided that the remains may be
reinterred in a common grave where written consent is obtained from the next of
kin. If under the authority of this Part, disinterment, removal, and
reinterment are effected by the State of North Carolina or any of its agencies,
public institutions, or political subdivisions, the United States of America or
any agency thereof, any electric power or lighting company, then such
disinterment, removal, and reinterment shall be performed by a funeral director
duly licensed as a "funeral director" or a "funeral service
licensee" under the provisions of Article
13A 13G of Chapter
90 of the General Statutes.
SECTION 16. G.S. 90-210.60 reads as rewritten:
"§ 90-210.60. Definitions.
As used in this Article, unless the context requires otherwise:
"Board" means the North Carolina
Board of Funeral Service
and Cemetery Board as created pursuant to Article 13A 13G of
Chapter 90 of the General Statutes;
SECTION 17. G.S. 90-210.67 reads as rewritten:
"§ 90-210.67. Application for license.
(a) No person may
offer or sell preneed funeral contracts or offer to make or make any funded
funeral prearrangements without first securing a license from the Board.
Notwithstanding any other provision of law, any person who offers to sell or
sells a casket, to be furnished or delivered at a time determinable by the
death of the person whose body is to be disposed of in the casket, shall first
comply with the provisions of this Article. There shall be two types of
licenses: a preneed funeral establishment license and a preneed sales license.
Only funeral establishments holding a valid establishment permit pursuant to
G.S. 90-210.155(d) shall be eligible for a preneed funeral
establishment license. Employees and agents of such entities, upon meeting the
qualifications to engage in preneed funeral planning as established by the
Board, shall be eligible for a preneed sales license. The Board shall establish
the preneed funeral planning activities that are permitted under a preneed
sales license. The Board shall adopt rules establishing such qualifications and
activities no later than 12 months following the ratification of this act
[Session Laws 1991 (Reg. Sess., 1992), c. 901, s. 2]. Preneed sales licensees
may sell preneed funeral contracts, prearrangement insurance policies, and make
funded funeral prearrangements only on behalf of one preneed funeral
establishment licensee; provided, however, they may sell preneed funeral
contracts, prearrangement insurance policies, and make funeral prearrangements
for any number of licensed preneed funeral establishments that are wholly owned
by or affiliated with, through common ownership or contract, the same entity;
provided further, in the event they engage in selling prearrangement insurance
policies, they shall meet the licensing requirements of the Commissioner of
Insurance. Every preneed funeral contract shall be signed by a person licensed
as a funeral director or funeral service licensee pursuant to Article 13A 13G
of Chapter 90 of the General Statutes.
Application for a license shall be in writing, signed by the applicant and duly verified on forms furnished by the Board. Each application shall contain at least the following: the full names and addresses (both residence and place of business) of the applicant, and every partner, member, officer and director thereof if the applicant is a partnership, limited liability company, association, or corporation and any other information as the Board shall deem necessary. A preneed funeral establishment license shall be valid only at the address stated in the application or at a new address approved by the Board.
SECTION 18. G.S. 130A-33.31 read as rewritten:
"§ 130A-33.31. Commission of Anatomy - Members; selection; term; chairman; quorum; meetings.
(a) The Commission
of Anatomy shall consist of five members, one representative from the field of
mortuary science, and one each from The University of North Carolina School of
Medicine, East Carolina University School of Medicine, Duke University School
of Medicine, and Bowman Gray School of Medicine. The dean of each school shall
make recommendations and the Secretary shall appoint from such recommendations
a member to the Commission. The president of the
State Board of Funeral
ServiceNorth Carolina Funeral Service and Cemetery Board shall
appoint the representative from the field of mortuary science to the
Commission. The members shall serve terms of four years except two of the
original members shall serve a term of one year, one shall serve a term of two
years, one shall serve a term of three years, and one shall serve a term of
four years. The Secretary shall determine the terms of the original members.
SECTION 18.(a) The terms of members appointed to the North Carolina Funeral Service and Cemetery Board and serving as of July 1, 2013, shall expire on December 31, 2013.
SECTION 18.(b) Notwithstanding any other provision of law, the terms of the two of the members appointed to the North Carolina Funeral Service and Cemetery Board by the Governor pursuant to G.S. 90-210.135(1), as amended by this act, shall expire December 31, 2013.
SECTION 18.(c) Notwithstanding the provisions of G.S. 90-210.145, as enacted by Section 6 of this act, to establish staggered terms for the three members appointed to the North Carolina Funeral Service and Cemetery Board (Board) pursuant to this act, appointments to the Board shall be as follows:
(1) The members appointed by the Governor pursuant to G.S. 90-210.145(3a), as enacted by Section 7 of this act, shall be appointed for two-year terms to commence January 1, 2014, and expire December 31, 2016.
(2) The member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, who owns or manages a cemetery in North Carolina pursuant to G.S. 90-210.145, as enacted by Section 7 of this act, shall be appointed for a one-year term to commence January 1, 2014, and to expire December 31, 2014.
(3) The member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, who owns or manages a cemetery in North Carolina pursuant to G.S. 90-210.145, as enacted by Section 7 of this act, shall be appointed for a three-year term to commence January 1, 2014, and to expire December 31, 2016.
Members described in this section shall serve for the terms for which they were appointed and until their successors are appointed and qualified.
SECTION 19. The Revisor of Statutes shall change the word "Commission" or the phrase "Cemetery Commission" to the word "Board" wherever it appears in Article 13G of Chapter 90 of the General Statutes.
SECTION 20. The Revisor of Statutes shall change the phrase "this Article" to the phrase "this Part" wherever it appears in Parts 2, 3, and 4 of Article 13G of Chapter 90 of the General Statutes.
SECTION 21. The Revisor of Statutes shall change the phrase "Board of Funeral Service" or "State Board of Funeral Service" with the phrase "Funeral Service and Cemetery Board" wherever it appears in Articles 13B through 13F of Chapter 90 of the General Statutes.
SECTION 22. The Revisor of Statutes shall, on or after the effective date of this act, correct any reference or citation in the General Statutes that is amended by this act by deleting the incorrect references and substituting correct references.
SECTION 23. Unless otherwise provided, this act becomes effective December 31, 2013.