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  • Summary date: Apr 20 2015 - 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. Renames the Board as the North Carolina Funeral Service and Cemetery Board.

    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 four parts.

    Part 1 is entitled General Provisions. New GS 90-210.140 includes definitions of 28 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 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. Adds members appointed by the Governor from nominations made by the NC Cemetery Association and increases the number of members appointed by the General Assembly. 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 90-210.170 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.

    Terms of board members serving as of July 1, 2015, expire on December 31, 2015. 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, 2015.