NC CEMETERY ACT CHANGES. (NEW)

View NCGA Bill Details2015-2016 Session
House Bill 567 (Public) Filed Thursday, April 2, 2015
AN ACT TO MODIFY THE MINIMUM ACREAGE REQUIREMENTS IN CERTAIN TRACTS OF LAND USED AS CEMETERIES.
Intro. by Saine, Hager.

Status: Ch. SL 2016-83 (House Action) (Jun 30 2016)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO REGULATE THE REPAIR OF AIRCRAFTS.

Bill History:

H 567/S.L. 2016-83

Bill Summaries:

  • Summary date: Jul 7 2016 - More information

    AN ACT TO MODIFY THE MINIMUM ACREAGE REQUIREMENTS IN CERTAIN TRACTS OF LAND USED AS CEMETERIES. Enacted June 30, 2016. Effective June 30, 2016.


  • Summary date: Jun 22 2016 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends GS 65-69 concerning cemeteries licensed by the Cemetery Commission or initially incorporated between July 2, 1967, and September 1, 1975, providing that a notice of transaction is required to be given 10 days before the transaction to the Cemetery Commission before a cemetery can sell, mortgage, lease, or encumber the required minimum 30 acres, when specified criteria are met (in the previous edition, no prior approval or notice to the Cemetery Commission was needed for selling, mortgaging, leasing, or encumbering the 30 acres). 


  • Summary date: Jun 21 2016 - More information

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

    Deletes the content of the previous edition and replaces it with the following.

    Amends the act's short and long titles.

    Amends GS 65-69 by adding that cemeteries licensed, or initially incorporated with the Secretary of State, between July 2, 1967, and September 1, 1975, may sell, mortgage, lease, or encumber the minimum acres of land required by the statute without prior approval from the North Carolina Cemetery Commission if: (1) at the time of licensure or incorporation, the population of the county in which the cemetery is located did not exceed 45,000 people according to the appropriate federal decennial census; (2) another private or public cemetery is located within a five-mile radius of the cemetery subject to the transaction; (3) at least 15 acres of cemetery land remain for use by the licensee as a cemetery, without mortgage, lease, or encumbrance; and (4) the purchaser of the land transfers 10% of the consideration or value of the interest conveyed, on up to 15 acres sold, to the perpetual care fund within 60 days of the sale. Makes additional clarifying changes. 


  • Summary date: Apr 6 2015 - More information

    Amends GS Chapter 44A, Article 5, changing the Article catchline to Aircraft Labor and Storage (was, Aircraft Labor and Storage Liens). Adds new definitions for use in the Article, including aircraft repair shop, aircraft repair work, customer, employee, total amount authorized, and written repair estimate. Sets out a requirement that for any work that will exceed $350, the shop must prepare and provide a written repair estimate before commencing any aircraft repair work. Sets out requirements for the written repair estimate. Allows a customer to waive the written estimate requirement. Provides that if a written estimate is to be given, the amount of any charge for preparing it must be disclosed and requires written authorization to be obtained from the customer to prepare the written report.  Also requires the customer to be promptly notified as provided for in regards to charges exceeding the estimated amount or for reasons concerning the fact that the estimate was only for diagnostic work and that the diagnostic work has been completed. Sets out provisions requiring the expeditious reassembly of an aircraft if the customer cancels the order for aircraft repair or once diagnostic work is completed. Allows for certain charges by the shop in accordance with the work performed. Provides for the inspection of  aircraft parts that have been removed.

    Requires that upon the completion of repair work, the shop must provide each customer with a legible copy of an invoice for the repairs that have been completed.  Sets out information that the invoice must include, such as a statement indicating what was done to correct any problem or a description of the service provided. Requires a sign to be posted in the shop in a conspicuous spot that  conveys the right to a written repair estimate and the right to inspect or return of parts. 

    Sets out 14 prohibited acts and practices that are a violation of this Article, including charging more than 10% over the total amount authorized by a customer for aircraft repair work and causing or allowing a customer to sign any written repair estimate that does not state the type of aircraft repair work requested by the customer. 

    Provides for civil remedies for violations of the provisions of this Article. Allows prevailing parties to be awarded damages plus court costs and reasonable attorneys' fees. Also allows actions for injunctive relief in the appropriate court. 

    Amends GS 44A-55, Persons entitled to a lien on an aircraft, adding language that provides that any aircraft repair shop that violates any of the provisions of GS 44A-51 through GS 44A-51.5 cannot have a perfected lien on an aircraft owned by a customer injured as a result of the violation. 

    Effective January 1, 2016, applying to aircraft repairs requested and performed on or after that date. 


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