Bill Summaries: H808 (2013-2014 Session)

  • Summary date: Apr 15 2013 - View summary

    Abolishes the North Carolina Cemetery Commission and expands the North Carolina Board of Funeral Service to include representatives from the cemetery profession and grants the board new powers to oversee licensure of cemeteries.

    Establishes new Article 13G in GS Chapter 90 entitled Funeral and Cemetery Services.  Repeals or recodifies existing statutes related to the Cemetery Commission found in Article 9 of GS Chapter 65 and the Practice of Funeral Service in Article 13A of GS Chapter 90. Divides new Article 13G into five parts.

    Part 1 is entitled General Provisions. New GS 90-210.140 includes definitions of 24 terms related to both funeral services and cemeteries. New GS 90-210.141 requires licensure for both funeral service and cemetery operation. Under current law, licenses are already required in both areas. New GS 90-210.142 describes the application of the new Article 13G. The starting point is a recodified version of GS 65-47 from the law governing cemeteries and additional language is added to include funeral services. Cemeteries owned and operated by governmental agencies and churches remain exempt to the licensure requirements.

    Part 2 is entitled Funeral Service and Cemetery Board. The starting point for much of this part are recodified versions of several provisions in current law governing the Board of Funeral Service. Additional language is added to reflect the inclusion of cemeteries. Board composition is modified to increase the total size from nine to twelve, adding a total of four related to the cemetery profession, decreasing the number of appointees recommended by the North Carolina Funeral Directors Association from four to two, and increasing the number of appointees who are unaffiliated with funeral service or cemetery operation from one to two. New GS 90-210.147 provides that seven rather than five members constitute a quorum. New GS 90-210.148 specifies the powers and duties of the boards, integrating the powers of the Cemetery Commission into the existing powers of the Board of Funeral Service. Under existing law, the Board of Funeral Service is authorized to appoint inspectors but new GS 90-210.149 requires the new combined board to appoint inspectors. The section is also amended to authorize inspectors to inspect records and enter property of licensed cemetery operations.

    Part 3 is entitled Funeral Service License and consists primarily of recodified provisions from current law found in GS Chapter 90, Article 13A.

    Part 4 is entitled Cemetery License and consists primarily of recodified provisions of current law found in GS Chapter 65, Article 9. New GS 90-210.165 amends the language that was included in GS 65-54 related to fees by deleting the requirement that the Cemetery Commission (now Funeral Service and Cemetery Board) be supported by fees.

    Part 5 is entitled Miscellaneous Provisions and includes provisions recodified from both the funeral service and the cemetery laws. Provisions relate to the identification of bodies, burial without regard to race or color, and validation of certain deeds.

    Terms of board members serving as of July 1, 2013, expire on December 31, 2013. Sets the expiration date of specified terms and sets terms of appointment to create staggered terms.

    Makes technical and conforming changes to other statutes and directs the revisor of statutes to make other necessary changes.

    Effective December 31, 2013.