Bill Summary for H 703 (2011-2012)

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Bill: ABOLISH CEMETERY COMM/AMEND FUNERAL LAWS.

Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 703 (Public) Filed Wednesday, April 6, 2011
TO ABOLISH THE NORTH CAROLINA CEMETERY COMMISSION AND TRANSFER ITS POWERS AND DUTIES UNDER THE NORTH CAROLINA CEMETERY ACT TO THE NORTH CAROLINA BOARD OF FUNERAL SERVICE (BOARD); EXTEND THE JURISDICTION OF THE BOARD TO INCLUDE PUBLIC, PRIVATE, RELIGIOUS, AND FRATERNAL CEMETERIES; REQUIRE THAT PROVISIONS BE MADE IN ALL CEMETERIES FOR GREEN BURIALS; EXPAND THE MEMBERSHIP OF THE BOARD FROM NINE TO TWELVE MEMBERS; INCLUDE UNDER THE JURISDICTION OF THE BOARD ANY PERSON OR ENTITY SELLING FUNERAL MERCHANDISE TO THE GENERAL PUBLIC; DIRECT THE BOARD TO MAKE CERTAIN CONSIDERATIONS IN DETERMINING VIOLATIONS FOR LICENSEES; CLARIFY WHAT CONSTITUTES ABANDONED HUMAN REMAINS UNDER THE LAWS PERTAINING TO PUBLIC HEALTH AND THE DISPOSITION OF UNCLAIMED BODIES; DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO PREPARE A REPORT ON THE EFFECTS OF GROUND WATER QUALITY OF HYDROLYSIS AS A MEANS OF DISPOSAL OF HUMAN REMAINS; AND MANDATE LIQUIDATION OF ALL MUTUAL BURIAL ASSOCIATIONS WITH ASSETS OF NO MORE THAN TEN THOUSAND DOLLARS.
Intro. by K. Alexander.

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Bill summary

Except for GS 65-49 through GS 65-52, recodifies GS 65-46 through 65-73 in GS Chapter 90, Article 13G. Amends GS 90-210.141(b), as recodified, to abolish the North Carolina Cemetery Commission and transfer its power to the North Carolina Board of Funeral Service (Board). Amends GS 90-210.142, 90-210-143, and 90-210.80, as recodified, and GS 143B-431(a)(2) and 143B-433 to make conforming changes and eliminate references to the North Carolina Mutual Burial Association Commission. Recodifies GS 65-77 as GS Chapter 90, Article 13H. Recodifies GS Chapter 65, Article 12, Parts 1 to 5, as GS Chapter 90, Article 13I, Parts 1 to 5. Amends GS 90-210.18A, as recodified, to expand the membership of the Board by three, for a total of twelve, as follows: one consumer advocate not licensed under Article 13G and two representatives of the cemetery industry licensed under Article 13G. Amends GS 90-210.23 as recodified, to provide rulemaking authority for the Board over entities selling funeral merchandise to the public. Provides that rules being considered by the Board shall be presented to the General Assembly no later than February 15, 2012. Amends GS 90-210.25(e), as recodified, to provide three required factors for the Board to consider in sanctioning licensees. Enacts GS 90-210.215 to prohibit licensed cemeteries on or after January 2, 2013, from charging more for green burials than for other burials, and defines green burials. Amends GS 130A-415 to specify when a dead body shall be deemed unclaimed. Directs the Department of Environment and Natural Resources to prepare a report not later than February 1, 2012 on the effects of alkaline hydrolysis to dispose of human remains, and prohibits use of alkaline hydrolysis as a means of disposal until the study is complete and the Department has adopted relevant rules. Liquidates mutual burial associations operating in NC with assets of no more than $10,000 by December 31, 2011 and specifies the process for liquidation of mutual burial associations whose assets fall below $10,000 in the future. Sets forth the term length of newly-appointed members of the Board pursuant to GS 90-210.18A.