Bill Summary for H 529 (2017-2018)

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Summary date: 

Jun 7 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 529 (Public) Filed Wednesday, March 29, 2017
AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE.
Intro. by Boles, Alexander, Hunter, Brenden Jones.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Deletes the proposed changes to GS 90-210.18A, relating to the membership of the Board of Funeral Service (Board), and GS 90-210.23, relating to the powers and duties set forth for the Board. 

Eliminates the proposed change to GS 90-210.25(a)(5)h. that allowed the State Bureau of Investigation or the Federal Bureau of Investigation to charge each funeral director applicant a fee for conducting the authorized criminal history records check. Modifies proposed GS 90-210.25(c)(14), authorizing the Board to impose a civil penalty of up to $5,000 (was, accept a civil penalty up to that amount) in conjunction with probation or in lieu of other disciplinary action upon the Board finding that any person permitted to transport dead human bodies engages in any of the 11 previously specified acts. Amends proposed GS 90-210.25(f)(2), removing the language making it a Class 2 misdemeanor for any person who knowingly or willfully fails to treat with reasonable care a dead human body in a person's custody. Adds that proposed GS 90-210.25(f)(2) is effective December 1, 2018. Makes a technical change to the proposed modifications to the existing language of GS 90-210.25(f).

Deletes the proposed changes to GS 90-210.61, which proposed to limit the application of the provision that allows a preneed licensee to retain up to 10% of any payments made on a contract when a contract is funded by a trust deposit, to those preneed funeral contracts executed before January 1, 2015. Instead, amends GS 90-210.61(a), repealing subdivision (a)(2) that (1) allows a preneed licensee to retain up to 10% of any payments made on a contract when a contract is funded by a trust deposit, and (2) if no substitution of a different funeral establishment to furnish funeral services and merchandise is made pursuant to GS 90-210.63(a), requires the preneed licensee to give credit for the amount retained upon the death of the preneed funeral contract beneficiary and performance of the preneed funeral contract. Establishes that the provisions of GS 90-210.61(a)(2) continue to be applicable to any preneed funeral contracts entered into before the act becomes law. 

Deletes the proposed changes to GS 90-210.63(a)(2), which proposed to limit the existing language on preneed funeral contacts to those executed before January 1, 2015, and add provisions concerning when a preneed licensee may retain a 10% administrative fee for preneed funeral contracts executed on or after January 1, 2015. Instead, repeals subdivision (a)(2). Adds a new provision to proposed GS 90-210.63(a)(4), requiring the original contracting preneed licensee to immediately pay all funds received to the successor funeral establishment designated (language borrowed from subdivision (a)(2), repealed above). Establishes that the provisions of GS 90-210.63(a)(2) continue to be applicable to any preneed funeral contracts entered into before the act becomes law. 

Amends the proposed new language to GS 90-210.67 to now require preneed establishments to provide the Board with documentation showing informed consent of an arrangement where a preneeds sales licensee sells to two or more preneed establishments owned by different individuals, corporations, or business entities (previously, required to provide the Board a copy of a written agreement reflecting an agreement among all parties to allow the licensee to sell at each preneed establishment). Further amends the proposed changes to the statute, specifying that on or after February 1 (was, January 1), a license for a preneed funeral establishment license may be renewed by paying a late fee of no more than $100 in addition to the annual renewal fee, and that on or after February 1 (was, January 1), a license for a preneed sales license may be renewed by paying a late fee of no more than $25 in addition to the annual renewal fee. 

Maintains GS 90-210.69(c)(3), repealed in the previous edition, which allows the Board to take the specified actions against an applicant for licensure or licensee for a conviction of a crime involving fraud or moral turpitude.

Deletes the proposed repeal of GS 90-210.80 through GS 90-210.107, which contained statutes related to mutual burial associations. Makes conforming changes by deleting the companion implementation provisions. 

Amends the proposed changes to GS 90-210.123(e), specifying a cemetery license or permit may be renewed by paying a late fee in addition to the renewal fee on or after February 1 (was, January 1). 

Eliminates the proposed changes to GS 90-210.123(i), which proposed to allow inspectors of the Board (instead of members of the Board's staff) to serve notices, subpoenas, and other papers.

Amends the proposed new provisions to GS 90-210.129(h), allowing for the remains of multiple persons (was specifically triplets) up to the age of one year old from the same mother and the same birth to be cremated simultaneously with written direction of the authorized agent. Establishes that the proposed changes to GS 90-210.129 are effective when the act becomes law.

Deletes the proposed repeal of GS 58-58-97(d) to maintain the provision as it exists, deeming any licensee or employee of a licensed funeral establishment who makes a false request for life insurance information or failed to do that required by subsection (c) of the statute guilty of fraud or misrepresentation and unfit to practice funeral service.

Changes the effective date of the act to October 1, 2018 (was, effective when the act became law).