GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 905
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Short Title: Merge Cemetery Comm./Funeral Service Board. |
(Public) |
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Sponsors: |
Representatives Boles, Alexander, and Hunter (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Regulatory Reform. |
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April 16, 2015
A BILL TO BE ENTITLED
AN ACT TO MERGE THE NORTH CAROLINA CEMETERY COMMISSION WITH THE NORTH CAROLINA BOARD OF FUNERAL SERVICE AND TO TRANSFER THE DUTIES AND POWERS OF THE NORTH CAROLINA CEMETERY COMMISSION TO THE NORTH CAROLINA BOARD OF FUNERAL SERVICE; RENAME THE NORTH CAROLINA BOARD OF FUNERAL SERVICE; AND MAKE CONFORMING CHANGES.
The General Assembly of North Carolina enacts:
SECTION 1. Effective December 31, 2015, the North Carolina Cemetery Commission is abolished and the authority, powers, duties, and functions vested in the North Carolina Cemetery Commission are transferred to the North Carolina Board of Funeral Service, which shall be renamed the North Carolina Funeral Service and Cemetery Board. All records, property, and unexpended balances of funds of the North Carolina Cemetery Commission are transferred in their entirety to the North Carolina Funeral Service and Cemetery Board.
SECTION 2. G.S. 65‑46, G.S. 65‑48 through G.S. 65‑53.1, and G.S. 90‑210.20 are repealed.
SECTION 3. Chapter 90 of the General Statutes is amended by adding the following new Article to read:
"Article 13G.
"Funeral and Cemetery Services."
SECTION 4.(a) Article 13G of Chapter 90 of the General Statutes, as enacted in Section 3 of this act, is amended by adding a new Part to read:
"Part 1. General Provisions."
SECTION 4.(b) G.S. 65‑47 is recodified as G.S. 90‑210.142 under Part 1 of Article 13G of Chapter 90 of the General Statutes, as enacted by subsection (a) of this section.
SECTION 5. Part 1 of Article 13G of Chapter 90 of the General Statutes, as enacted in Section 4(a) of this act, reads as rewritten:
"Part 1. General Provisions.
"§ 90‑210.140. Definitions.
Unless the context requires otherwise, the following definitions apply in this Article:
(1) Advertisement. – The publication, dissemination, circulation, or placing before the public or causing directly or indirectly to be made, published, disseminated, or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag or over any radio, television station, or electronic medium.
(2) Bank of belowground crypts. – Any construction unit of belowground crypts acceptable to the Board which a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures.
(3) Belowground crypts. – An interment space consisting of preplaced chambers, either side by side or multiple depth, covered by earth and sod and are also known as lawn crypts, westminsters, or turf top crypts.
(4) Board. – The North Carolina Funeral Service and Cemetery Board.
(5) Burial. – Interment in any form, cremation, and the transportation of the dead human body as necessary therefor.
(6) Cemetery. – Any one or a combination of more than one of the following in a place used or to be used and dedicated or designated for cemetery purposes:
a. A burial park for earth interment.
b. A mausoleum.
c. A columbarium.
(7) Cemetery broker. – A legal entity engaged in the business of arranging sales of cemetery products between legal entities and which sale does not involve a cemetery company, but does not mean funeral establishments or funeral directors operating under G.S. 90‑210.155, when dealing between legal entities wherein one of the entities shall be members of the family of a deceased person or other persons authorized by law to arrange for the burial and funeral of such deceased human being. This Article shall not apply to any cemetery broker selling less than five grave spaces per year.
(8) Cemetery company. – Any legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by governmental agencies, churches, and fraternal organizations or their corporate agents for the duration of any sales and management contracts entered into with cemetery sales organizations or cemetery management organizations for cemetery purposes, or with any other legal entity other than direct employees of said governmental agency, church, or fraternal organization.
(9) Cemetery management organization. – Any legal entity contracting as an independent contractor with a cemetery company to manage a cemetery, but does not mean individual managers employed by and contracting directly with cemetery companies operating under this Article.
(10) Cemetery sales organization. – Any legal entity contracting with a cemetery which is exempt or not exempt under this Article to conduct sales of cemetery products, but does not mean individual salesmen or sales managers employed by and contracting directly with cemetery companies operating under this Article.
(11) Chapel. – A chapel or other facility separate from the funeral establishment premises for the primary purpose of reposing of dead human bodies, visitation, or funeral ceremony that is owned, operated, or maintained by a funeral establishment under this Article and that does not use the word "funeral" in its name, on a sign, in a directory, in advertising, or in any other manner; in which or on the premises of which there is not displayed any caskets or other funeral merchandise; in which or on the premises of which there is not located any preparation room; and of which no owner, operator, employee, or agent thereof represents the chapel to be a funeral establishment.
(12) Columbarium. – A structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.
(13) Dead human bodies. – The bodies of deceased humans, including fetuses beyond the second trimester and the ashes from cremated bodies.
(14) Embalmer. – Any person engaged in the practice of embalming.
(15) Embalming. – The preservation and disinfection or attempted preservation and disinfection of dead human bodies by application of chemicals externally, internally, or both and the practice of restorative art including the restoration or attempted restoration of the appearance of a dead human body. Embalming shall not include the washing or use of soap and water to cleanse or prepare a dead human body for disposition by the authorized agents, family, or friends of the deceased who do so privately without pay or as part of the ritual washing and preparation of dead human bodies prescribed by religious practices; provided, that no dead human body shall be handled in a manner inconsistent with G.S. 130A‑395.
(16) Funeral directing. – Engaging in the practice of funeral service except embalming.
(17) Funeral director. – Any person engaged in the practice of funeral directing.
(18) Funeral establishment. – Every place or premises devoted to or used in the care, arrangement, and preparation for the funeral and final disposition of dead human bodies, maintained for the convenience of the public in connection with dead human bodies, or as the place for carrying on the practice of funeral service.
(19) Funeral service. – The aggregate of all funeral service licensees and their duties and responsibilities in connection with the funeral as an organized, purposeful, time‑limited, flexible, group‑centered response to death.
(20) Funeral service licensee. – A person who is duly licensed and engaged in the practice of funeral service.
(21) Grave space. – A space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.
(22) Human remains or remains. – The bodies of deceased persons, including the bodies in any stage of decomposition and cremated remains.
(23) Mausoleum. – A structure or building substantially exposed aboveground intended to be used for the entombment of remains of a deceased person.
(24) Mausoleum section. – Any construction unit of a mausoleum acceptable to the Board which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(25) Person. – An individual, corporation, partnership, joint venture, or association as it relates to the operation of a cemetery.
(26) Practice of funeral service. – Engaging in the care or disposition of dead human bodies or in the practice of disinfecting and preparing, by embalming or otherwise, dead human bodies for the funeral service, transportation, burial, or cremation, or in the practice of funeral directing or embalming as presently known, whether under these titles, designations, or otherwise. "Practice of funeral service" also means engaging in making arrangements for funeral service, selling funeral supplies to the public, or making financial arrangements for the rendering of the services or the sale of the supplies.
(27) Resident trainee. – A person who is engaged in preparing to become licensed for the practice of funeral directing, embalming, or funeral service under the personal supervision and instruction of a person duly licensed for the practice of funeral directing, embalming, or funeral service in the State of North Carolina under the provisions of this Chapter and who is duly registered as a resident trainee with the Board.
(28) Vault. – A crypt or underground receptacle which is used for interment in the ground and which is designed to encase and protect caskets or similar burial devices. For the purposes of this Article, a vault is a pre‑need item until delivery to the purchaser.
"§ 90‑210.141. License required for funeral service or cemetery operation.
(a) An individual shall not engage in the practice of funeral directing, embalming, or funeral service as defined in G.S. 90‑210.140 unless the individual is licensed in accordance with Part 3 of this Article.
(b) A person shall not operate as a cemetery company or sell pre‑need grave space without first receiving a license to conduct the business in accordance with Part 4 of this Article.
"§ 90‑210.142.
Scope.Application of Article.
(a) The provisions of this Article shall apply to all
persons engaged in the practice of funeral service and the business of
operating a cemetery as defined herein, except cemeteries in
this Article. Cemeteries owned and operated by governmental agencies or churches.churches
shall be exempt from this Article.
(b) Any cemetery beneficially owned and operated by a
fraternal organization or its corporate agent for at least 50 years prior to
September 1, 1975, shall be exempt from the provisions of Article 9 of
this Chapter.Article.
…
(e) A columbarium built in compliance with the
requirements of former subsection (d) of this section is not subject to the
provisions of Article 9 of this Chapter this Article on or after
January 23, 2015, as long as the columbarium (i) continues to exist on the
grounds of a private, self‑contained retirement community and (ii)
continues to be reserved exclusively for the residents of that community."
SECTION 6.(a) Article 13G of Chapter 90 of the General Statutes, as enacted by Section 3 of this act, is amended by adding a new Part to read:
"Part 2. Funeral Service and Cemetery Board."
SECTION 6.(b) The following sections of Article 13A of Chapter 90 of the General Statutes are recodified under Part 2 of Article 13G of Chapter 90 of the General Statutes, as enacted by subsection (a) of this section:
(1) G.S. 90‑210.18A is recodified as G.S. 90‑210.145.
(2) G.S. 90‑210.19 is recodified as G.S. 90‑210.146.
(3) G.S. 90‑210.22 is recodified as G.S. 90‑210.147.
(4) G.S. 90‑210.23 is recodified as G.S. 90‑210.148.
(5) G.S. 90‑210.24 is recodified as G.S. 90‑210.149.
SECTION 7. Part 2 of Article 13G of Chapter 90 of the General Statutes, as enacted by Section 6(a) of this act, reads as rewritten:
"Part 2. Funeral Service and Cemetery Board.
"§ 90‑210.145.
Board of Funeral Service and Cemetery Board created;
qualifications; vacancies; removal.
(a) Purpose. – The General Assembly declares
that the practice of funeral service affects and the operation of
cemeteries affect the public health, safety, and welfare and is are
subject to regulation and control in the public interest. The public
interest requires that only qualified persons be permitted to practice funeral
service and operate cemeteries in North Carolina and that the
profession these professions merit the confidence of the public.
This Article shall be liberally construed to accomplish these ends.
(b) Board Created. – The North Carolina Board
of Funeral Service and Cemetery Board is created and shall regulate
the practice of funeral service and the operation of cemeteries in this
State. The Board shall have nine 12 members as follows:
(1) Four Two members appointed by the
Governor from nominees recommended by the North Carolina Funeral Directors
Association, Inc. These members shall be persons licensed under this Article.
(2) Two members appointed by the Governor from nominees recommended by the Funeral Directors & Morticians Association of North Carolina, Inc. These members shall be persons licensed under this Article.
(3) One member Two members appointed by
the Governor who is licensed under this Article and who is are not
affiliated with any funeral service trade association.association or
cemetery operation.
(4) Two members appointed by the Governor from a list of six nominees recommended by the North Carolina Cemetery Association.
(4)(5) One member Two members appointed
by the General Assembly, upon the recommendation of the President Pro Tempore
of the Senate. This One member shall be a person who is not
licensed under this Article or employed by a person who is licensed under this Article.Article
and one member shall be a person who owns or manages a cemetery located in
North Carolina.
(5)(6) One member Two members appointed
by the General Assembly, upon the recommendation of the Speaker of the House of
Representatives. This One member shall be a person who is not
licensed under this Article or employed by a person who is licensed under this Article.Article
and one member shall be a person who owns or manages a cemetery located in
North Carolina.
(c) Terms. – Members of the Board shall serve staggered three‑year terms, ending on December 31 of the last year of the term or when a successor has been duly appointed, whichever is later. No member may serve more than two complete consecutive terms.
(c)(d) Vacancies. – A vacancy shall be filled
in the same manner as the original appointment, except that all unexpired terms
of Board members appointed by the General Assembly shall be filled in
accordance with G.S. 120‑122. Appointees to fill vacancies shall
serve the remainder of the unexpired term and until their successors have been
duly appointed and qualified.
(d)(e) Removal. – The Board may remove any of
its members for neglect of duty, incompetence, or unprofessional conduct. A
member subject to disciplinary proceedings as a licensee shall be disqualified
from participating in the official business of the Board until the charges have
been resolved.
…
"§ 90‑210.147. Required meetings of the Board.
The Board shall hold at least four meetings in each year. In
addition, the Board may meet as often as the proper and efficient discharge of
its duties shall require. Five Seven members shall constitute a
quorum.
"§ 90‑210.148. Powers and duties of the Board.
(a) The Board is authorized to adopt and promulgate such
the rules and regulations for transaction of its business business,
specifications for the minimum quality of any product sold, and for the
carrying out and enforcement of the provisions of this Article as may be
necessary and as are consistent with the laws of this State and of the United
States.
(b) The Board shall elect from its members a president, a vice‑president and a secretary, no two offices to be held by the same person. The president and vice‑president and secretary shall serve for one year and until their successors shall be elected and qualified. The Board shall have authority to engage adequate staff as deemed necessary to perform its duties.
(c) The members of the Board shall serve without
compensation provided that such the members shall be reimbursed
for their necessary traveling expenses and the necessary expenses incident to
their attendance upon the business of the Board, and in addition thereto they
shall receive per diem and expense reimbursement as provided in G.S. 93B‑5
for every day actually spent by such the member upon the business
of the Board. All expenses, salaries and per diem provided for in this Article
shall be paid from funds received under the provisions of this Article and
shall in no manner be an expense to the State.
(d) Every person licensed by the Board and every
resident trainee shall furnish all information required by the Board reasonably
relevant to the practice of the profession or business for which the person is
a licensee or resident trainee. Every funeral service establishment and its records
and records; every place of business where the practice of funeral
service or embalming is carried on and its records records; and every
cemetery, cemetery broker, cemetery company, cemetery management organization,
and cemetery sales organization and their records shall be subject to
inspection by the Board during normal hours of operation and periods shortly
before or after normal hours of operation and shall furnish all information
required by the Board reasonably relevant to the business therein conducted.
Every licensee, resident trainee, embalming facility, and funeral
service establishment establishment, cemetery, cemetery broker,
cemetery company, cemetery management organization, and cemetery sales
organization shall provide the Board with a current post‑office
address which shall be placed on the appropriate register and all notices
required by law or by any rule or regulation of the Board to be mailed to any
licensee, resident trainee, embalming facility, or funeral service establishment
establishment, cemetery, cemetery broker, cemetery company, cemetery
management organization, or cemetery sales organization shall be validly
given when mailed to the address so provided.
(d1)(e) The Board is empowered to hold hearings
in accordance with the provisions of this Article and of Chapter 150B to
subpoena witnesses and to administer oaths to or receive the affirmation of
witnesses before the Board.
In any show cause hearing before the Board held under the authority of Chapter 150B of the General Statutes where the Board imposes discipline against a licensee, the Board may recover the costs, other than attorneys' fees, of holding the hearing against all respondents jointly, not to exceed two thousand five hundred dollars ($2,500).
(e)(f) The Board is empowered to regulate
and inspect, according to law, funeral service establishments and establishments,
embalming facilities, facilities, cemeteries, cemetery brokers,
cemetery companies, cemetery management organizations, and cemetery sales
organizations, their operation, and the licenses under which they are
operated, and to enforce as provided by law the rules, regulations, and
requirements of the Division of Health Services and of the city, town, or
county in which the funeral service establishment or embalming facility is
maintained and operated. Any funeral establishment or establishment, embalming
facility facility, cemetery, cemetery broker, cemetery company,
cemetery management organization, or cemetery sales organization that, upon
inspection, is found not to meet all of the requirements of this Article shall
pay a reinspection fee to the Board for each additional inspection that is made
to ascertain that the deficiency or other violation has been corrected. The
Board is also empowered to enforce compliance with the standards set forth in
Funeral Industry Practices, 16 C.F.R. 453 (1984), as amended from time to time.
(g) When the Board finds that failure by a licensee to maintain a cemetery properly has caused that cemetery to be a public nuisance or a health or safety hazard, the Board may bring an action for injunctive relief against the responsible licensee in the superior court of the county in which the cemetery or any part thereof is located.
(h) The Board may apply to the courts in its own name for injunctive relief to prevent violations of this Article or violations of any rules adopted pursuant to this Article. Any court may grant injunctive relief regardless of whether criminal prosecution or any other action is instituted as a result of the violation. A single violation is sufficient to invoke the injunctive relief under this subdivision. In any of these actions, an order or judgment may be entered awarding a temporary or permanent injunction as may be deemed proper; provided, that before any of these actions is brought, the Board shall give the cemetery at least 20 days' notice in writing, stating the alleged violation and giving the cemetery an opportunity within the 20‑day period to cure the violation. In addition to all other means provided by law for the enforcement of a temporary restraining order, temporary injunction, or permanent injunction, the court shall have the power and jurisdiction to impound and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records appertaining thereto or so much thereof as the court may deem reasonably necessary to prevent further violation of this Article through or by means of the use of said property and business. The Board may institute proceedings against the cemetery or its officers, where after an examination pursuant to this Article a shortage in the care and maintenance trust fund, merchandise trust fund, or mausoleum and belowground crypts preconstruction trust fund is discovered, to recover the shortage.
(i) To examine a cemetery company's records when a person applies for a change of control of the company.
(j) The Board may investigate, upon its own initiative or upon a verified complaint in writing, the actions of any person engaged in the business or acting in the capacity of a licensee under this Article. The license of a licensee may be revoked or suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, where the licensee in performing or attempting to perform any of the acts specified in this Article has been guilty of any of the following:
(1) Failing to pay the fees required herein.
(2) Failing to make any reports required by this Article.
(3) Failing to remit to the care and maintenance trust fund, merchandise trust fund, or preconstruction trust fund the required amounts.
(4) Making any substantial misrepresentation.
(5) Making any false statement of a character likely to influence or persuade.
(6) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salesmen.
(7) Violating any provision of this Article or rule promulgated by the Board.
(8) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(k) Whenever any special additional audit or examination of a licensee's premises, facilities, books, or records is necessary because of the failure of the licensee to comply with the requirements imposed in this Article or by the rules and regulations of the Board, to charge a fee based on the cost of the special examination or audit, taking into consideration the salary of any employees involved in the special audit or examination and any expenses incurred.
(f)(l) The Board may establish, supervise,
regulate and control programs for the resident trainee. It may approve schools
of mortuary science or funeral service, graduation from which is required by
this Article as a qualification for the granting of any license, and may
establish essential requirements and standards for such approval of mortuary
science or funeral service schools.
(g)(m) Schools for teaching mortuary science
which are approved by the Board shall have extended to them the same privileges
as to the use of bodies for dissecting while teaching as those granted in this
State to medical colleges, but such the bodies shall be obtained
through the same agencies which provide bodies for medical colleges.
(h)(n) The Board shall adopt a common seal.
(h1)(o) The Board shall have the power to
acquire, hold, rent, encumber, alienate, and otherwise deal with real property
in the same manner as a private person or corporation, subject only to approval
of the Governor and the Council of State. Collateral pledged by the Board for
an encumbrance is limited to the assets, income, and revenues of the Board.
(h2)(p) The Board may employ legal counsel and
clerical and technical assistance, and fix the compensation therefor, and incur
such any other expenses as may be deemed necessary in the
performance of its duties and the enforcement of the provisions of this Article
or as otherwise required by law and as may be necessary to carry out the powers
herein conferred.
(i)(q) The Board may perform such any
other acts and exercise such any other powers and duties as
may be provided elsewhere in this Article or otherwise by law and as may be
necessary to carry out the powers herein conferred.
"§ 90‑210.149.
Inspector.Inspectors; compliance with Article.
(a) The Board may shall appoint one
or more agents who shall serve at the pleasure of the Board and who shall
have the title "Inspector of the North Carolina Board of Funeral Service."
Service and Cemetery Board." No person is eligible for
appointment as inspector unless at the time of the appointment the person is
licensed under this Article as a funeral service licensee.Article.
(b) To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may do any of the following:
(1) Enter the office, establishment or place of
business of any funeral service licensee, funeral director or embalmer in North
Carolina, and any office, establishment or place in North Carolina where the
practice of funeral service or embalming is carried on, or where that practice
is advertised as being carried on, or where a funeral is being conducted or a
body is being embalmed, to inspect the records, office, establishment, or
facility, or to inspect the practice being carried on or license or
registration of any licensee and any resident trainee operating therein;therein.
(2) Enter any hospital, nursing home, or other
institution from which a dead human body has been removed by any person licensed
under this Article or their designated representative to inspect records
pertaining to the removal and its authorization; andauthorization.
(3) May inspect criminal and probation records of licensees and applicants for licenses under this Article to obtain evidence of their character.
(4) Enter the office, establishment, or place of business in North Carolina of any cemetery broker, cemetery company, cemetery management organization, cemetery sales organization, or pre‑need sales licensee to inspect the records, office, establishment, or facility or to inspect the practice conducted or license of any licensee.
(5) Inspectors may May serve
papers and subpoenas issued by the Board or any office or member thereof under
authority of this Article, and shall perform other duties prescribed or ordered
by the Board.
(c) Upon request by the Board, the Attorney General of North Carolina shall provide the inspectors with appropriate identification cards, signed by the Attorney General or his designated agent.
(d) The Board may prescribe an inspection form to be used by the inspectors in performing their duties."
SECTION 8.(a) Article 13G of Chapter 90 of the General Statutes, as enacted by Section 3 of this act, is amended by adding a new Part to read:
"Part 3. Funeral Service License."
SECTION 8.(b) The following sections of Article 13A of Chapter 90 of the General Statutes are recodified under Part 3 of Article 13G of Chapter 90 of the General Statutes, as enacted by subsection (a) of this section:
(1) G.S. 90‑210.25 is recodified as G.S. 90‑210.155.
(2) G.S. 90‑210.26 is recodified as G.S. 90‑210.156.
(3) G.S. 90‑210.25B is recodified as G.S. 90‑210.157.
(4) G.S. 90‑210.28 is recodified as G.S. 90‑210.158.
(5) G.S. 90‑210.29 is recodified as G.S. 90‑210.159.
(6) G.S. 90–210.29B is recodified as G.S. 90–210.160.
(7) G.S. 90‑210.27A is recodified as G.S. 90‑210.161.
(8) G.S. 90‑210.29A is recodified as G.S. 90‑210.162.
(9) G.S. 90‑210.25C is recodified as G.S. 90‑210.163.
SECTION 8.(c) Part 3 of Article 13G of Chapter 90 of the General Statutes, as enacted by subsection (b) of this section, reads as rewritten:
"Part 3. Funeral Service License.
"§ 90‑210.155. Licensing.
(a) Qualifications, Examinations, Resident Traineeship and Licensure. –
(1) To be licensed for the practice of funeral
directing under this Article, Part, a person must:
…
e. Have passed an oral or written funeral director examination on the following subjects:
1. Psychology, sociology, pathology, funeral directing, business law, funeral law, funeral management, and accounting.
3.2. Laws of North Carolina and rules of
the Board and other agencies dealing with the care, transportation and
disposition of dead human bodies.
(2) To be licensed for the practice of embalming under
this Article, Part, a person must:
…
e. Have passed an oral or written embalmer examination on the following subjects:
1. Embalming, restorative arts, chemistry, pathology, microbiology, and anatomy.
3.2. Laws of North Carolina and rules of
the Board and other agencies dealing with the care, transportation and
disposition of dead human bodies.
(3) To be licensed for the practice of funeral service
under this Article, Part, a person must:
…
e. Have passed an oral or written funeral service examination on the following subjects:
1. Psychology, sociology, funeral directing, business law, funeral law, funeral management, and accounting.
2. Embalming, restorative arts, chemistry, pathology, microbiology, and anatomy.
4.3. Laws of North Carolina and rules of
the Board and other agencies dealing with the care, transportation and
disposition of dead human bodies.
(4) a. A person desiring to become a resident trainee shall apply to the Board on a form provided by the Board. The application shall state that the applicant is not less than 18 years of age, of good moral character, and is the graduate of a high school or the equivalent thereof, and shall indicate the licensee under whom the applicant expects to train. A person training to become an embalmer may serve under either a licensed embalmer or a funeral service licensee. A person training to become a funeral director may serve under either a licensed funeral director or a funeral service licensee. A person training to become a funeral service licensee shall serve under a funeral service licensee. The application must be sustained by oath of the applicant and be accompanied by the appropriate fee. When the Board is satisfied as to the qualifications of an applicant it shall instruct the secretary to issue a certificate of resident traineeship.
…
f. To meet the resident traineeship requirements of G.S. 90‑210.25(a)(1),
G.S. 90‑210.25(a)(2) and G.S. 90‑210.25(a)(3) subdivisions
(1) through (3) of subsection (a) of this section the following must be
shown by the affidavit(s) of the licensee(s) under whom the trainee worked:
1. That the funeral director trainee has, under supervision, assisted in directing at least 25 funerals during the resident traineeship,
2. That the embalmer trainee has, under supervision, assisted in embalming at least 25 bodies during the resident traineeship,
3. That the funeral service trainee has, under supervision, assisted in directing at least 25 funerals and, under supervision, assisted in embalming at least 25 bodies during the resident traineeship.
g. The Board may suspend or revoke a certificate of
resident traineeship for violation of any provision of this Article.Part.
…
l.j. The Board shall register no more
than one resident trainee at a funeral establishment that served 100 or fewer
families during the 12 months immediately preceding the date of the
application, and shall register no more than one resident trainee for each
additional 100 families served at the funeral establishment during the 12
months immediately preceding the date of the application.
(5) The Board by regulation may recognize other examinations that the Board deems equivalent to its own.
…
f. The Board shall cause to be established and
offered to the licensees, each calendar year, at least eight hours of
continuing education courses. The Board may charge licensees attending these
courses a reasonable registration fee in order to meet the expenses thereof and
may also meet those expenses from other funds received under the provisions of
this Article.Part.
g. Any person who having been previously licensed by
the Board as a funeral director or embalmer prior to July 1, 1975, shall not be
required to satisfy the requirements herein for licensure as a funeral service
licensee, but shall be entitled to have such license renewed upon making proper
application therefor and upon payment of the renewal fee provided by the
provisions of this Article. Part. Persons previously licensed by
the Board as a funeral director may engage in funeral directing, and persons
previously licensed by the Board as an embalmer may engage in embalming. Any
person having been previously licensed by the Board as both a funeral director
and an embalmer may upon application therefor receive a license as a funeral
service licensee.
…
(a1)(b) Inactive Licenses. – Any person holding
a license issued by the Board for funeral directing, for embalming, or for the
practice of funeral service may apply for an inactive license in the same
category as the active license held. The inactive license is renewable
annually. Continuing education is not required for the renewal of an inactive
license. The holder of an inactive license may not engage in any activity
requiring an active license. The holder of an inactive license may apply for an
active license in the same category, and the Board shall issue an active
license if the applicant has completed a total number of hours of accredited
continuing education equal to five times the number of years the applicant held
the inactive license. No application fee is required for the reinstatement of
an active license pursuant to this subsection. The holder of an inactive
license who returns to active status shall surrender the inactive license to
the Board.
(a2)(c) In order to engage in the practice of
funeral directing or funeral service, such a licensee must own, be employed by,
or otherwise be an agent of a licensed funeral establishment; except that such
a licensee may practice funeral directing or funeral service if:
…
(b)(d) Persons Licensed under the Laws of
Other Jurisdictions. –
…
(3) The Board may issue special permits, to be known as
courtesy cards, permitting nonresident funeral directors, embalmers and funeral
service licensees to remove bodies from and to arrange and direct funerals and
embalm bodies in this State, but these privileges shall not include the right
to establish a place of business in or engage generally in the business of
funeral directing and embalming in this State. Except for special permits
issued by the Board for teaching continuing education programs and for work in
connection with disasters, no special permits may be issued to nonresident
funeral directors, embalmers, and funeral service licensees from states that do
not issue similar courtesy cards to persons licensed in North Carolina pursuant
to this Article.Part.
(c)(e) Registration, Filing and
Transportation. –
(1) The holder of any license granted by this State for
those within the funeral service profession or renewal thereof provided for in
this Article Part shall cause registration to be filed in the
office of the board of health of the county or city in which he practices his
profession, or if there be no board of health in such county or city, at the
office of the clerk of the superior court of such county. All such licenses,
certificates, duplicates and renewals thereof shall be displayed in a
conspicuous place in the funeral establishment where the holder renders
service.
…
(5) The following persons shall be exempt from the permit requirements of this section but shall otherwise be subject to subdivision (9) of this subsection and any rules relating to the proper handling, care, removal, or transportation of a dead human body:
a. Licensees under this Article Part and
their employees.
b. Employees of common carriers.
c. Except as provided in sub‑subdivision (6)c. of this section, employees of the State and its agencies and employees of local governments and their agencies.
d. Funeral directors licensed in another state and their employees.
(d)(f) Establishment Permit. –
(1) No person, firm or corporation shall conduct, maintain,
manage or operate a funeral establishment unless a permit for that
establishment has been issued by the Board and is conspicuously displayed in
the establishment. Each funeral establishment at a specific location shall be
deemed to be a separate entity and shall require a separate permit and
compliance with the requirements of this Article.Part.
(2) A permit shall be issued when:
a. It is shown that the funeral establishment has in
charge a person, known as a manager, licensed for the practice of funeral
directing or funeral service, who shall not be permitted to manage more than
one funeral establishment. The manager shall be charged with overseeing the
daily operation of the funeral establishment. If the manager leaves the
employment of the funeral establishment and is the only licensee employed who
is eligible to serve as manager, the funeral establishment may operate without
a manager for a period not to exceed 30 days so long as: (i) the funeral
establishment retains one or more licensees to perform all services requiring a
license under this Article; Part; (ii) the licensees are not
practicing under the exception authorized by G.S. 90‑210.25(a2) G.S. 90‑210.155
and would otherwise be eligible to serve as manager; and (iii) the funeral
establishment registers the name of the licensees with the Board.
b. The Board receives a list of the names of all part‑time and full‑time licensees employed by the establishment.
c. It is shown that the funeral establishment
satisfies the requirements of G.S. 90‑210.27A.G.S. 90–210.161.
d. The Board receives payment of the permit fee.
…
(4) The Board may place on probation, refuse to issue
or renew, suspend, or revoke a permit when an owner, partner, manager, member,
operator, or officer of the funeral establishment violates any provision of
this Article Part or any regulations of the Board, or when any
agent or employee of the funeral establishment, with the consent of any person,
firm or corporation operating the funeral establishment, violates any of those
provisions, rules or regulations. In any case in which the Board is entitled to
place a funeral establishment permittee on a term of probation, the Board may
also impose a penalty of not more than five thousand dollars ($5,000) in
conjunction with the probation. In any case in which the Board is entitled to
suspend, revoke, or refuse to renew a permit, the Board may accept from the
funeral establishment permittee an offer to pay a penalty of not more than five
thousand dollars ($5,000). The Board may either accept a penalty or revoke or
refuse to renew a license, but not both. Any penalty under this subdivision may
be in addition to any penalty assessed against one or more licensed individuals
employed by the funeral establishment.
…
(d1)(g) Embalming Outside Establishment. – An
embalmer who engages in embalming in a facility other than a funeral
establishment or in the residence of the deceased person shall, no later than
January 1 of each year, register the facility with the Board on forms provided
by the Board.
(e)(h) Revocation; Suspension; Compromise;
Disclosure. –
(1) Whenever the Board finds that an applicant for a license or a person to whom a license has been issued by the Board is guilty of any of the following acts or omissions and the Board also finds that the person has thereby become unfit to practice, the Board may suspend or revoke the license or refuse to issue or renew the license, in accordance with the procedures set out in Chapter 150B of the General Statutes:
…
h. Aiding or abetting an unlicensed person to perform
services under this Article, Part, including the use of a picture
or name in connection with advertisements or other written material published
or caused to be published by the licensee.
…
j. Violating or cooperating with others to violate
any of the provisions of this Article Part or Articles 13D, 13E,
or 13F of Chapter 90 of the General Statutes, any rules and regulations of the
Board, or the standards set forth in Funeral Industry Practices, 16 C.F.R. 453
(1984), as amended from time to time.
…
No person licensed under this Article Part shall
remove or cause to be embalmed a dead human body when he or she has information
indicating crime or violence of any sort in connection with the cause of death,
nor shall a dead human body be cremated, until permission of the State or
county medical examiner has first been obtained. However, nothing in this Article
Part shall be construed to alter the duties and authority now vested
in the office of the coroner.
No funeral service establishment shall accept a dead human body from any public officer (excluding the State or county medical examiner or his agent), or employee or from the official of any institution, hospital or nursing home, or from a physician or any person having a professional relationship with a decedent, without having first made due inquiry as to the desires of the persons who have the legal authority to direct the disposition of the decedent's body. If any persons are found, their authority and directions shall govern the disposal of the remains of the decedent. Any funeral service establishment receiving the remains in violation of this subsection shall make no charge for any service in connection with the remains prior to delivery of the remains as stipulated by the persons having legal authority to direct the disposition of the body. This section shall not prevent any funeral service establishment from charging and being reimbursed for services rendered in connection with the removal of the remains of any deceased person in case of accidental or violent death, and rendering necessary professional services required until the persons having legal authority to direct the disposition of the body have been notified.
When and where a licensee presents a selection of funeral
merchandise to the public to be used in connection with the service to be
provided by the licensee or an establishment as licensed under this Article,
Part, a card or brochure shall be directly associated with each item
of merchandise setting forth the price of the service using said merchandise
and listing the services and other merchandise included in the price, if any.
When there are separate prices for the merchandise and services, such cards or
brochures shall indicate the price of the merchandise and of the items separately
priced.
At the time funeral arrangements are made and prior to the
time of rendering the service and providing the merchandise, a funeral director
or funeral service licensee shall give or cause to be given to the person or
persons making such arrangements a written statement duly signed by a licensee
of said funeral establishment showing the price of the service as selected and
what services are included therein, the price of each of the supplemental items
of services or merchandise requested, and the amounts involved for each of the
items for which the funeral establishment will advance moneys as an
accommodation to the person making arrangements, insofar as any of the above
items can be specified at that time. If fees charged by a finance company for
expediting payment of life insurance proceeds to the establishment will be
passed on to the person or persons responsible for payment of the funeral
expenses, information regarding the fees, including the total dollar amount of
the fee, shall be disclosed in writing. The statement shall have printed, typed
or stamped on the face thereof: "This statement of disclosure is provided
under the requirements of North Carolina G.S. 90‑210.25(e)."
G.S. 90‑210.155(h)." The Board may prescribe other
disclosures that a licensee shall give to consumers upon finding that the
disclosure is necessary to protect public health, safety, and welfare.
(e1)(i) The taking or recovery of human
tissue at a funeral establishment by any person is prohibited. The prohibition
does not apply to any of the following:
(1) A licensee under this Article Part that
performs embalming or otherwise prepares a dead human body in the ordinary
course of business.
…
(f)(j) Unlawful Practices. – If any person
shall practice or hold himself or herself out as practicing the profession or
art of embalming, funeral directing or practice of funeral service or operating
a funeral establishment without having complied with the provisions of this Article,
Part, the person shall be guilty of a Class 2 misdemeanor.
(g)(k) Whenever it shall appear to the Board
that any person, firm or corporation has violated, threatens to violate or is
violating any provisions of this Article, Part, the Board may
apply to the courts of the State for a restraining order and injunction to
restrain these practices. If upon application the court finds that any
provision of this Article Part is being violated, or a violation
is threatened, the court shall issue an order restraining and enjoining the
violations, and this relief may be granted regardless of whether criminal
prosecution is instituted under the provisions of this subsection. The venue
for actions brought under this subsection shall be the superior court of any
county in which the acts are alleged to have been committed or in the county
where the defendant in the action resides.
…
"§ 90‑210.157.
Persons who shall not be licensed under this Article.Part.
(a) The board shall not issue or renew any licensure, permit, or registration to any person or entity who has been convicted of a sexual offense against a minor.
(b) For purposes of this Article, Part, the
term "sexual offense against a minor" means a conviction of any of
the following offenses: G.S. 14‑27.4A(a) (sex offense with a child;
adult offender), G.S. 14‑27.7A (statutory rape or sexual offense of
person who is 13, 14, or 15 years old where the defendant is at least six years
older), G.S. 14‑190.16 (first‑degree sexual exploitation of a
minor), G.S. 14‑190.17 (second degree sexual exploitation of a
minor), G.S. 14‑190.17A (third degree sexual exploitation of a
minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19
(participating in prostitution of a minor), G.S. 14‑202.1 (taking
indecent liberties with children), G.S. 14‑202.3 (solicitation of
child by computer or certain other electronic devices to commit an unlawful sex
act), G.S. 14‑202.4(a) (taking indecent liberties with a student), G.S. 14‑318.4(a1)
(parent or caretaker commit or permit act of prostitution with or by a
juvenile), or G.S. 14‑318.4(a2) (commission or allowing of sexual
act upon a juvenile by parent or guardian). The term shall also include a
conviction of the following: any attempt, solicitation, or conspiracy to commit
any of these offenses or any aiding and abetting any of these offenses. The
term shall also include a conviction in another jurisdiction for an offense
which if committed in this State has the same or substantially similar elements
to an offense against a minor as defined by this section.
…
"§ 90‑210.158. Fees.
The Board may set and collect fees, not to exceed the following amounts:
Establishment permit
Application .......................................................................................... $400.00
Annual renewal .................................................................................... 250.00
Late renewal ........................................................................................ 150.00
Establishment and embalming facility reinspection fee .................................................... 100.00
Courtesy card
Application .......................................................................................... 100.00
Annual renewal .................................................................................... 75.00
Out‑of‑state licensee
Application .......................................................................................... 250.00
Embalmer, funeral director, funeral service
Application‑North
Carolina‑Resident ................................................................................ 200.00
‑Non‑Resident ..................................................................................... 250.00
Annual Renewal‑embalmer or
funeral director ..................................................................................... 75.00
Total fee, embalmer and funeral director
when both are held by the same person ................................................ 100.00
‑funeral service .................................................................................... 100.00
Inactive Status ..................................................................................... 50.00
Reinstatement fee ................................................................................. 50.00
Resident trainee permit
Application .......................................................................................... 50.00
Voluntary change in supervisor ............................................................. 50.00
Annual renewal .................................................................................... 35.00
Late renewal ........................................................................................ 25.00
Duplicate license certificate ................................................................... 25.00
Chapel registration
Application .......................................................................................... 150.00
Annual renewal .................................................................................... 100.00
Late renewal ........................................................................................ 75.00
The Board shall provide, without charge, one copy of the
current statutes and regulations relating to Funeral Service to every person
applying for and paying the appropriate fees for licensing pursuant to this Article.
Part. The Board may charge all others requesting copies of the
current statutes and regulations, and the licensees or applicants requesting
additional copies, a fee equal to the costs of production and distribution of
the requested documents.
"§ 90‑210.159. Students.
(a) Students who are enrolled in duly
accredited mortuary science colleges in North Carolina may engage in the
practices defined in this Article Part if the practices are part
of their academic training and if the practices are under the supervision of a
licensed instructor of mortuary science or a licensee designated by the
mortuary science college upon registration with the Board.
…
"§ 90‑210.161. Funeral establishments.
…
(e)(d) If a funeral establishment is solely
owned by a natural person, that person must be licensed by the Board as a
funeral director or a funeral service licensee. If it is owned by a
partnership, at least one partner must be licensed by the Board as a funeral
director or a funeral service licensee. If it is owned by a corporation, the
president, vice‑president, or the chairman of the board of directors must
be licensed by the Board as a funeral director or a funeral service licensee.
If it is owned by a limited liability company, at least one member must be
licensed by the Board as a funeral director or a funeral service licensee. The
licensee required by this subsection must be actively engaged in the operation
of the funeral establishment.
(f)(e) If a funeral establishment uses the
name of a living person in the name under which it does business, that person
must be licensed by the Board as a funeral director or a funeral service
licensee.
(g)(f) No funeral establishment shall own,
operate, or maintain a chapel without first having registered the name,
location, and ownership thereof with the Board; own or maintain more than two
chapels, or own or maintain a chapel outside of a radius of 50 miles from the
funeral establishment. A duly licensed person may use a chapel for making
arrangements for funeral services, selling funeral merchandise to the public by
photograph, video, or computer based presentation, or making financial
arrangements for the rendering of the service or sale of supplies, provided
that the uses are secondary and incidental to and do not interfere with the
reposing of dead human bodies, visitation, or funeral ceremony.
(h)(g) All public health laws and rules
apply to funeral establishments. In addition, all funeral establishments must
comply with all of the standards established by the rules adopted by the Board.
(i)(h) No funeral establishment shall use
an unregistered or misleading name. Misleading names include, but are not
limited to, names in the plural form when there is only one funeral
establishment, the use of names of deceased individuals, unless the
establishment is licensed using the name at the time the new application is
made, the use of names of individuals not associated with the establishment, and
the use of the word "crematory" or "crematorium" in the
name of a funeral establishment that does not own a crematory. If an owner of a
funeral establishment owns more than one funeral establishment, the owner may
not use the word "crematory" or "crematorium" in the name
of more than one of its funeral establishments; except that each funeral home
having a crematory on the premises may contain the term "crematory"
or "crematorium" in its name.
(j)(i) A funeral establishment will not use
any name other than the name by which it is properly registered with the Board.
…."
SECTION 9.(a) Article 13G of Chapter 90 of the General Statutes, as enacted by Section 3 of this act, is amended by adding a new Part to read:
"Part 4. Cemetery License."
SECTION 9.(b) The following sections are recodified as Part 4 of Article 13G of Chapter 90 of the General Statutes, as enacted by subsection (a) of this section:
(1) G.S. 65‑54 through G.S. 65‑56 are recodified as G.S. 90‑210.170 through G.S. 90‑210.173.
(2) G.S. 65‑73 and G.S. 65‑57 through G.S. 65‑60 are recodified as G.S. 90‑210.174 through G.S. 90‑210.178.
(3) G.S. 65‑72 and G.S. 65‑60.1 through G.S. 65‑71 are recodified as G.S. 90‑210.179 through G.S. 90‑210.191.
SECTION 10. Part 4 of Article 13G of Chapter 90 of the General Statutes, as enacted by Section 9(a) of this act, reads as rewritten:
"Part 4. Cemetery License.
"§ 90‑210.170.
Annual budget of Commission; cemetery and inspection fee; collection
of funds.
The Commission shall prepare an annual budget and shall
collect the sums of money required for this budget from yearly fees and from
any other sources provided in this Article. On or before July 1 of each
year, each licensed cemetery shall pay a license fee to be set by the Commission
Board in an amount not to exceed six hundred dollars ($600.00). In
addition, each licensed cemetery shall pay to the Commission Board an
inspection fee for each grave space, niche, or mausoleum crypt when the
certificate of interment right is issued and shall pay a fee for each vault,
belowground crypt, memorial, or opening and closing of a grave space that is
included in a preneed cemetery contract. The inspection fee for each grave
space, niche, or mausoleum crypt is payable when the certificate of interment
right is issued and may not exceed four dollars ($4.00). The fee for each of
the listed items that are included in a preneed cemetery contract is payable
when the contract is made and may not exceed ten dollars ($10.00).
"§ 90‑210.171.
Commission records Records are confidential.
Records, papers, and other documents containing information
collected or compiled by the Commission, Board, its members, or
employees as a result of a complaint, investigation, inquiry, or interview in
connection with an application for license, or in connection with a license
holder's professional ethics and conduct, shall not be considered public
records within the meaning of Chapter 132 of the General Statutes. Any notice
or statement of charges against a license holder or applicant, or any notice to
a license holder or applicant of a hearing to be held by the Commission, Board,
is a public record even though it may contain information collected and
compiled as a result of a complaint, investigation, inquiry, or interview
conducted by the Commission. Board. If any record, paper, or
other document containing information collected and compiled by the Commission
Board is admitted into evidence in a hearing held by the Commission,
Board, it shall then be a public record within the meaning of
Chapter 132 of the General Statutes.
"§ 90‑210.172. License; cemetery company.
(a) No legal entity shall engage in the business of
operating a cemetery company except as authorized by this Article Part
and without first obtaining a license from the Commission.Board.
(b) Any legal entity wishing to establish a cemetery
shall file a written application for authority with the Commission Board
on forms provided by the Commission.Board.
(c) Upon receipt of the application and filing fee to
be set by the Commission Board in an amount not to exceed one
thousand six hundred dollars ($1,600), the Commission Board shall
cause an investigation to be made to establish the following criteria for
approval of the application:
…
(d) The Commission, Board, after receipt
of the investigating report, shall grant or refuse to grant the authority to
organize a cemetery based upon the criteria set forth in G.S. 65‑55(c).subsection
(c) of this section.
(e) If the Commission Board intends to
deny an application, it shall give written notice to the applicant of its
intention to deny. The notice shall state a time and a place for a hearing
before the Commission Board and a summary statement of the
reasons for the proposed denial. The notice of intent shall be mailed by
certified mail to the applicant at the address stated in the application at
least 15 days prior to the scheduled hearing date. The applicant shall pay the
costs of this hearing as assessed by the Commission Board unless
the applicant notifies the Commission Board by certified mail at
least five days prior to the scheduled hearing date that a hearing is waived.
Any appeals from the Commission's Board's decision shall be to
the court having jurisdiction of the applicant or the Commission.Board.
(f) If the Commission Board intends to
grant the authority, it shall give written notice that the authority to
organize a cemetery has been granted and that a license to operate will be
issued upon the completion of the following:
(1) Establishment of the care and maintenance trust
fund and receipt by the Commission Board of a certificate from
the trust company, certifying receipt of the initial deposit required under
this Article.
(2) Full development, ready for burial, of not less
than two acres including a completed paved road from a public roadway to said
developed section, certified by inspection of the Commission Board or
its representative.
…
"§ 90‑210.173. Existing companies; effect of Article.
Existing cemetery companies at the time of the adoption of
this Chapter shall continue in full force and effect and be granted a license
but shall hereafter be operated in accordance with the provisions of Article
9 of this Chapter.this Part.
…
"§ 90‑210.175. Licenses for sales organizations, management organizations and brokers.
(a) No legal entity shall engage in the business of a
cemetery sales organization, a cemetery management organization or a cemetery
broker except as authorized by this Article, and without first obtaining a
license from the Commission.Board.
(b) Any legal entity wishing to establish and operate
the business of a cemetery sales organization, a cemetery management
organization or a cemetery broker shall file a written application for
authority with the Commission Board on forms provided by the Commission
Board which must contain such of the following documents and
information as may be required by the Commission:Board:
(1) The appointment of a North Carolina resident to
receive service of any lawful process in any noncriminal proceedings arising
under this Chapter Part against the applicant, its principal
owners, principal stockholders, directors and general manager or their personal
representatives.
…
(c) The application shall be accompanied by an initial
filing fee to be set by the Commission Board in an amount not to
exceed one thousand dollars ($1,000) for cemetery sales organization and
cemetery management organization and an initial filing fee to be set by the
Commission in an amount not to exceed five hundred dollars ($500.00) for a
cemetery broker. If ninety percent (90%) or more of the applicant is owned by
an existing cemetery company operating under the North Carolina Cemetery
Act, this Part, then the initial filing fee shall be one half of the
sums set out herein. On or before July 1 of each year, each licensed cemetery
sales organization, cemetery management organization, or cemetery broker shall
pay a license renewal fee to be set by the Commission Board in an
amount not to exceed six hundred dollars ($600.00) per year.
(d) Upon receipt of the application and filing fee,
the Commission Board shall cause an investigation to be made of
the legal entity to conduct the business applied for and the qualification of
said legal entity to do business in North Carolina.
(e) The Commission, Board, after receipt
of the investigation report, shall grant or refuse to grant the authority to
organize the organization applied for after it determines that the applicant
possesses good character and general fitness or, in the case of a business
association, employs and is directed by personnel of good character and general
fitness.
(f) If the Commission Board intends to
deny an application, it shall give written notice to the applicant of its
intention to deny. The notice shall state a time and a place for hearing before
the Commission Board and a summary statement of the reasons for
the proposed denial. The notice of intent shall be mailed by certified mail to
the applicant at the address stated in the application at least 15 days prior
to the scheduled hearing date. Any appeals from the Commission's Board's
decision shall be to the court having jurisdiction of the applicant, or in
the event of an out‑of‑state applicant, then to the court having
jurisdiction of the Commission.Board.
(g) If the Commission Board intends to
grant the authority, it shall give written notice that the authority to
organize the business applied for has been granted and that a license to
operate will be issued upon presentment to the Commission Board of
a statement of employment between the applicant and the cemetery or cemeteries
to be serviced thereby.
…
"§ 90‑210.176. Licenses for persons selling preneed grave space.
(a) No person shall offer to sell preneed grave
spaces, mausoleum crypts, niches, memorials, vaults or any other preneed
cemetery merchandise or services under any plan authorized for any cemetery,
cemetery sales group, or cemetery management group, before obtaining a license
from the Commission.Board.
(b) Persons wishing to obtain a license shall file a
written application with the Commission on forms provided by the Commission.
Board. The Commission Board may require such
information and documents as it deems necessary to protect the public interest.
(c) The application shall be accompanied by a filing
fee to be set by the Commission Board in an amount not to exceed
one hundred dollars ($100.00) to cover the expenses of processing and
investigation. After processing and investigation, the Commission Board
shall grant, or refuse to grant, the license applied for. The license fee
for a two‑year term shall be set by the Commission Board but
shall not exceed one hundred dollars ($100.00).
(d) If the Commission Board refuses to
grant the license applied for, it shall give written notice to the applicant.
The notice shall state a time and a place for hearing before the Commission,
Board, and a summary statement of the reasons for the refusal to
grant the license. The notice shall be mailed by registered mail or certified
mail to the applicant at the address stated in the application at least 30 days
prior to the scheduled hearing date.
(e) If the Commission Board intends to
grant the license, it shall give written notice that the license will be issued
upon presentment to the Commission Board of a duly executed
statement of employment between the applicant and the cemetery or cemeteries to
be serviced thereby.
(f) The provisions of Article 4 of Chapter 150B of
the General Statutes of North Carolina relating to "Judicial Review"
shall apply to appeals or petitions for judicial review by any person or
persons aggrieved by an order or decision of the Commission.Board.
"§ 90‑210.177. Application for a change of control; filing fee.
A person who proposes to acquire control of an existing
cemetery company, whether by purchasing the capital stock of the company,
purchasing an owner's interest in the company, or otherwise acting to
effectively change the control of the company, shall first make application on
a form supplied by the Commission Board for a certificate of
approval of the proposed change of control. The application shall contain the
name and address of each proposed new owner. The Commission Board shall
issue a certificate of approval only after it determines that the proposed new
owners are qualified by character, experience, and financial responsibility to control
and operate the cemetery company in a legal and proper manner, and that the
interest of the public generally will not be jeopardized by the proposed change
in control. An application for approval of a change of control must be
completed and accompanied by a filing fee to be set by the Commission Board
in an amount not to exceed one thousand six hundred dollars ($1,600). The Commission
Board shall not approve any change of control until the applicant
has provided sufficient evidence that any trust account required under G.S. 65‑66(b)
and G.S. 65‑70(b) G.S. 90‑210.186(b) and G.S. 90‑210.190(b)
is maintained and funded in the required amount. If the cemetery company
posted a performance bond in lieu of any trust account required under G.S. 65‑66(b)
and G.S. 65‑70(b), G.S. 90‑210.186(b) and G.S. 90‑210.190(b),
then the Commission Board shall not approve any change of
control until the applicant has provided sufficient evidence that the
performance bond is being appropriately maintained and in an amount sufficient
to cover all payments made directly or indirectly by or on account of
purchasers who have not received the purchased property and services.
"§ 90‑210.178. Records.
A record shall be kept of every burial in the cemetery of a
cemetery company, showing the date of burial, name of the person buried,
together with lot, plot, and space in which such burial was made therein. All
sales, trust funds, accounting records, and all other records of the licensee
shall be available at the licensee's principal place of business in this State
and shall be readily available at all reasonable times for examination by an
authorized representative of the Commission.Board.
…
"§ 90‑210.180. Trustees; qualifications; examination of records; enforcement.
(a) The term "corporate trustee" as used in
this Article shall mean a bank, credit union, or trust company authorized to do
business in North Carolina under the supervision of the Commissioner of Banks,
Credit Union Administrator, or any other corporate entity; provided that any
corporate entity other than a bank, credit union, or trust company which acts
as trustee under this Article shall first be approved by the Cemetery
Commission Board and shall be subject to supervision by the Cemetery
Commission Board as provided herein.
(b) Any corporate entity, other than a bank, credit
union, or trust company, which desires to act as trustee for cemetery funds
under this Article shall make application to the Commission Board for
approval. The Commission Board shall approve the trustee when it
has become satisfied that:
…
(c) Any trustee under this Article, other than a bank,
credit union, or trust company under the supervision of the Commissioner of
Banks, shall maintain records relative to cemetery trust funds as the Commission
Board may by regulation prescribe. The records shall be available at
the trustee's place of business in North Carolina and shall be available at all
reasonable times for examination by a representative of the Commission. Board.
The records shall be audited annually, within 90 days from the end of the
trust fund's fiscal year, by an independent certified public accountant, and a
copy of the audit report shall be promptly forwarded to the Commission.Board.
(d) Whenever it appears that an officer, director, or
employee of a trustee, other than a bank, credit union, or trust company, is
dishonest, incompetent, or reckless in the management of a cemetery trust fund,
the Commission Board may bring an action in the courts to remove
the trustee and to impound the property and business of the trustee as may be
reasonably necessary to protect the trust funds.
(e) Any trustee shall invest and reinvest cemetery
trust funds in the same manner as provided by law for the investment of trust
funds by the clerk of the superior court; provided, however, that this
subsection does not apply to a perpetual trust fund described in G.S. 65‑64
G.S. 90‑210.184 or cemetery trust funds held in a fund
designated as Trust Fund "A" pursuant to G.S. 65‑64(e),
G.S. 90‑210.184(e), which may be invested and reinvested
in accordance with G.S. 32‑71.
"§ 90‑210.181.
Required trust fund for care and maintenance; remedy of Commission Board
for noncompliance.
No cemetery company shall be permitted to establish, or
operate if already established, a cemetery unless provision is made for the
future care and maintenance of such cemetery by establishing a trust fund and
designating a corporate trustee to administer said fund in accordance with a
written trust agreement. If any cemetery company refuses or otherwise fails to
provide or maintain an adequate care and maintenance trust fund in accordance
with the provisions of this Article, the Commission, Part, the Board,
after reasonable notice, shall proceed to enforce compliance under the
powers vested in it under this Article; Part; provided any
nonprofit cemetery corporation, incorporated and engaged in the cemetery
business continuously since and prior to 1915 and whose current trust assets
exceed seven hundred fifty thousand dollars ($750,000) shall not be required to
designate a corporate trustee. The trust fund agreement shall contain and
include the following: name, location, and address of both the licensee and the
trustee showing the date of agreement together with the amounts required
deposited as stated in this Article. No person shall withdraw or transfer any
portion of the corpus of the care and maintenance trust fund without first
obtaining written consent from the Commission.Board.
…
"§ 90‑210.184. Deposits to perpetual care fund.
(a) Deposits to the care and maintenance trust fund
must be made by the cemetery company holding title to the subject cemetery
lands on or before the last day of the calendar month following the calendar
month in which final payment is received as provided herein; however the entire
amount required to be deposited into the fund shall be paid within four years
from the date of any contract requiring the payment regardless of whether all
amounts have been received by the cemetery company. If the cemetery company
fails to make timely deposit, the Commission Board may levy and
collect a late filing fee of one dollar ($1.00) per day for each day the
deposit is delinquent on each grave space, niche or mausoleum crypt sold. The
care and maintenance trust fund shall be invested and reinvested by the trustee
in accordance with G.S. 32‑71. Investments may be made through means
of a common trust fund as described in G.S. 53‑163.5. Cemetery trust
funds held in a fund designated as Trust Fund "A" pursuant to G.S. 65‑64(e)
G.S. 90‑210.184(e) may be invested and reinvested in
accordance with G.S. 32‑71. The fees and other expenses of the trust
fund shall be paid by the trustee from the net income thereof and may not be
paid from the corpus. To the extent that the net income is not sufficient to
pay the fees and other expenses, the fees and other expenses shall be paid by
the cemetery company.
(b) When a municipal, church‑owned or fraternal
cemetery converts to a private cemetery as defined in G.S. 65‑48,
G.S. 90‑210.140, then the cemetery shall establish and
maintain a care and maintenance trust fund pursuant to this section; provided,
however, the initial deposit for establishment of this trust fund shall be an
amount equal to fifty dollars ($50.00) per space for all spaces either previously
sold or contracted for sale in the cemetery at the time of conversion or fifty
thousand dollars ($50,000), whichever sum is greater.
(d)(c) In each sales contract, reservation or
agreement wherein burial rights are priced separately, the purchase price of
the burial rights shall be the only item subject to care and maintenance trust
fund deposits; but if the burial rights are not priced separately therein, the
full amount of the contract, reservations or agreement shall be subject to care
and maintenance trust fund deposits as provided herein, unless the purchase
price of the burial rights can be determined from the accounting records of the
cemetery company.
(e)(d) When the amount deposited in the
perpetual care fund required by this Article of any cemetery company shall
amount to one hundred fifty thousand dollars ($150,000), anything in this
Article to the contrary notwithstanding, the cemetery company may make all
deposits thereafter either into the original perpetual care trust fund or into
a separate fund established as an irrevocable trust, designated as Perpetual
Care Trust Fund "A," and invested by the trustee, in accordance with G.S. 32‑71.
Funds in a trust fund designated as Trust Fund "A" may not be
invested in another cemetery company.
(f)(e) For special endowments for a specific
lot, grave, or a family mausoleum, memorial, marker, or monument, the cemetery
may set aside the full amounts received for this individual special care in a
separate trust or by a deposit to a savings account in a bank, credit union, or
savings and loan association located within and authorized to do business in
the State; provided, however, if the licensee does not set up a separate trust
or savings account for the special endowment the full amount thereof shall be
deposited in Perpetual Care Trust Fund "A."
"§ 90‑210.185. Trust fund; financial reports.
Within 60 days after the end of the calendar or fiscal year
of the cemetery company, the trustee shall furnish adequate financial reports
with respect to the care fund on forms provided by the Commission. Board.
However, the Commission Board may require the trustee to make
such additional financial reports as it may deem advisable.
"§ 90‑210.186. Receipts from sale of personal property or services; trust account; penalties.
…
(b) Any cemetery company or other entity entering into a contract for the sale of personal property or services, to be used in a cemetery in connection with disposing of, or commemorating the memory of a deceased human being wherein the use of the personal property or the furnishing of services is not immediately requested or required, shall comply with the following requirements and conditions:
(1) The cemetery company or other entity shall deposit
an amount equal to sixty percent (60%) of all proceeds received on the
contracts into a trust account, either in the form of an account governed by a
trust agreement and handled by a corporate trustee or in the form of a passbook
savings account, certificates of deposit for time certificates, or money‑market
certificates with a licensed and insured bank, credit union, or savings
institution located in the State of North Carolina until the amount deposited
equals sixty percent (60%) of the actual sale price of the property or services
sold. The accounts or deposits or both shall be in the name of the cemetery
company or other entity in a form which will permit withdrawals only with the
participation and consent of the Cemetery Commission Board as
required by subdivision (4) of this subsection.
…
(4) Withdrawals from a trust account may be made by the
depositor, but only with the written approval of the Commission or officer or
employee of the Commission Board authorized to act for the Commission.
Board. Withdrawals may be made only upon delivery of the merchandise
or services for which the funds were deposited, cancellation of a contract, the
presence of excess funds in the trust account, or under other circumstances
deemed appropriate by the Commission. Board. The Commission Board
shall promulgate rules and regulations governing withdrawals from trust
accounts, including time and frequency of withdrawals, payments that will be
made with the withdrawals, notice to the Commission Board prior
to withdrawals, the number and identity of persons other than the owner who are
authorized by the owner to make withdrawals, the officers and employees of the Commission
Board authorized to approve withdrawals, and any other matters
necessary to implement the provisions of this subdivision. Withdrawals will not
be allowed if the amount remaining in the trust account would fall below sixty
percent (60%) of all proceeds received on account of contracts for the sale of
the personal property or services.
…
(6) Every year after September 1, 1975, the cemetery
company, the trustee or other entity shall within 75 days after the end of the
calendar year, file a financial report of the trust funds with the Commission,
Board, setting forth the principal thereof, the investments and
payments made, the income earned and disbursed; provided, however, that the Commission
Board may require the cemetery, trustee, or other entity to make the
additional financial reports as it may deem advisable.
…
(g) In lieu of the deposits required under subsection
(b) of this section, the cemetery company or other entity may post with the Commission
Board a good and sufficient performance bond by surety company
licensed to do business in North Carolina and in an amount sufficient to cover
all payments made directly or indirectly by or on account of purchasers who
have not received the purchased property and services. Money received from the
sale or assignment of notes entered into by the purchasers, or otherwise, shall
be treated as payments made by the purchasers.
(h) The Commission Board shall have the
power and is required from time to time as it may deem necessary to examine the
business of any cemetery company or other entity writing contracts for the sale
of the property or services as herein contemplated. The written report of the
examination shall be filed in the office of the Commission. Board. Any
person or entity being examined shall produce the records of the company needed
for the examination.
…
(k)(j) Nothing in this section shall apply
to persons or legal entities holding licenses under Article 13D of Chapter 90
of the General Statutes when engaging in activities for which a license is
required under that Article.
(l)(k) If any report is not received within
the time stipulated by the Commission Board or herein, the Commission
Board may levy and collect a late filing fee of twenty‑five
dollars ($25.00) per month for each month of delinquency.
(m)(l) Within 30 days following the
execution of a contract for the sale of personal property or performance of
services, a purchaser may cancel his contract by giving written notice to the
seller. The seller may cancel the contract, upon default by purchaser, by
giving written notice to the purchaser. Within 30 days of notice of
cancellation, the cemetery company or other entity shall refund to purchaser
the principal amount on deposit in the trust account for his benefit on any
undelivered merchandise or services. This amount (no other obligations owed the
purchaser by the seller) shall constitute the purchaser's entire entitlements
under the contract. The seller may not terminate the contract without complying
with this subsection.
(n)(m) A cemetery company shall not require
the purchaser or consumer of a grave space, mausoleum, or mausoleum section to
purchase a vault from the cemetery company or from any other particular seller
of vaults as a condition to the purchase or use of a grave space, mausoleum, or
mausoleum section but may require that a casket be enclosed within a vault. A
cemetery company may charge a reasonable fee not to exceed twenty dollars
($20.00) for delivery of vaults or inspection of vaults that are purchased from
a person other than the cemetery company.
…
"§ 90‑210.188. License not assignable or transferable.
No license issued under G.S. 65‑67 G.S. 90‑210.187
shall be transferable or assignable and no licensee shall develop or
operate any cemetery authorized by this Article under any name or at any
location other than that contained in the application for such license.
"§ 90‑210.189. Minimum acreage; sale or disposition of cemetery lands.
…
(c) Any licensee may convey and transfer to a
municipality or county its real and personal property together with moneys
deposited with the trustee; provided said municipality or county will accept
responsibility for maintenance thereof and prior written approval of the Commission
Board is first obtained.
(d) The provisions of subsections (a) and (b) relating
to a requirement for minimum acreage shall not apply to those cemeteries
licensed by the Commission Board on or before July 1, 1967, which
own or control a total of less than 30 acres of land; provided that such
cemeteries shall not dispose of any of such lands. A nongovernment lien or
other interest in land acquired in violation of this section is void.
"§ 90‑210.190. Construction of mausoleums and belowground crypts; trust fund for receipts from sale of preconstruction crypts; compliance requirements.
(a) A cemetery company shall be required to start
construction of that section of a mausoleum or bank of belowground crypts in
which sales, contracts for sale, reservations for sales or agreements for sales
are being made, within 48 months after the date of the first sale. The
construction of the mausoleum section or bank of belowground crypts shall be
completed within five years after the date of the first sale made; provided,
however, extensions for completion, not to exceed three years, may be granted
by the Commission Board for good reasons shown.
(b) A cemetery company which plans to offer for sale
space in a section of a mausoleum or bank of underground crypts prior to its
construction shall establish a preconstruction trust account. The trust account
shall be administered and operated in the same manner as the merchandise trust
account provided for in G.S. 65‑66 G.S. 90‑210.186
and shall be exclusive of the merchandise trust account or the other trust
accounts or funds that may be required by law. The personal representative of
any purchaser of the space who dies before completion of construction shall be
entitled to a refund of all moneys paid for the space including any income
earned thereon.
…
(d) The cemetery company shall be entitled to withdraw
the funds from the preconstruction trust account only after the Commission Board
has become satisfied that construction has been completed; provided, however,
that during construction of the mausoleum or bank of belowground crypts the Commission
Board may, in its discretion, authorize a specific percentage of the
funds to be withdrawn when it appears that at least an equivalent percentage of
construction has been completed.
(e) If a mausoleum section or bank of underground
crypts is not completed within the time limits set out in this section the
corporate trustee, if any, shall contract for and cause the project to be
completed and paid therefor from the trust account funds deposited to the
project's account paying any balance, less cost and expenses, to the cemetery
company. In the event there is no corporate trustee, the Commission Board
shall appoint a committee to serve as trustees to contract for and cause
the project to be completed and paid therefor from the trust account funds
deposited to the project's account paying any balance, less cost and expenses,
to the cemetery company.
(f) In lieu of the payments outlined hereunder to the
preconstruction trust account the cemetery company may deliver to the Commission
Board a good and sufficient completion or performance bond in an
amount and by surety companies acceptable to the Commission.Board.
"§ 90‑210.191. Penalties.
(a) Except as provided in this subsection, a person
violating any provisions of this Article, Part, of any order or
rule promulgated under this Article, Part, or of any license
issued by the Commission Board is guilty of a Class 1
misdemeanor. Each failure to deposit funds in a trust fund in accordance with
this Article Part is a separate offense. A person who has failed
to deposit funds in a trust fund in accordance with this Article and whose
delinquent deposits equal or exceed twenty thousand dollars ($20,000) is guilty
of a Class I felony.
(b) The officers and directors or persons occupying
similar status or performing similar functions of any cemetery company,
cemetery sales organization, cemetery management organization or cemetery
broker, as defined in this Chapter, G.S. 90‑210.140, failing
to make required contributions to the care and maintenance trust fund and any
other trust fund or escrow account shall be liable for any offense based on the
failure and upon conviction for the offense shall be punished in the manner
prescribed by law."
SECTION 11. G.S. 58‑58‑97 reads as rewritten:
"§ 58‑58‑97. Provision of life insurance information upon notification of insured's death.
(a) Any person licensed to practice funeral directing
or any employee of a funeral establishment licensed under the provisions of
Article 13A 13G of Chapter 90 of the General Statutes providing
funeral service, as that term is defined in G.S. 90‑210.20, G.S. 90‑210.140(20),
for a deceased person insured or believed to be insured under a contract of
life insurance or under a group life insurance policy may request information
regarding the deceased person's life insurance contracts by providing an
insurer with (i) a copy of a notification of death filed pursuant to G.S. 130A‑112,
(ii) written authorization from the person or persons with legal authority to
direct disposition of the deceased's body as prescribed under G.S. 90‑210.124
or G.S. 130A‑420, and (iii) in the case of a person covered or
believed to be covered under a group life insurance policy, the affiliation of
the deceased entitling them to coverage under the group life insurance policy.
As soon as possible after receipt of the request, the life insurance company
shall inform the person authorized by this section to make an inquiry of the
following:
(1) The existence of any contract insuring the life of the deceased person.
(2) Any beneficiaries on record under any life insurance contract insuring the life of the deceased person.
(3) The amount of any liens or loans outstanding on the policy.
(4) The amount of benefits payable to the beneficiaries.
(5) Whether the policy has been reinstated within the last 24 months.
The insurer shall provide a claim form to any person or assignee making the request.
…."
SECTION 12. G.S. 65‑106 reads as rewritten:
"§ 65‑106. Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment expenses; due care required.
…
(f) The party effecting the disinterment, removal,
and reinterment of a decedent's remains under the provisions of this Part shall
ensure that the site in which reinterment is accomplished shall be of such
suitable dimensions to accommodate the remains of that decedent only and that
such site shall be reasonably accessible to all relatives of that decedent,
provided that the remains may be reinterred in a common grave where written
consent is obtained from the next of kin. If under the authority of this Part,
disinterment, removal, and reinterment are effected by the State of North
Carolina or any of its agencies, public institutions, or political
subdivisions, the United States of America or any agency thereof, any electric
power or lighting company, then such disinterment, removal, and reinterment
shall be performed by a funeral director duly licensed as a "funeral
director" or a "funeral service licensee" under the provisions
of Article 13A 13G of Chapter 90 of the General Statutes.
…."
SECTION 13. G.S. 90‑210.60 reads as rewritten:
"§ 90‑210.60. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Board" means the North Carolina Board
of Funeral Service and Cemetery Board as created pursuant to Article
13A 13G of Chapter 90 of the General Statutes;
…."
SECTION 14. G.S. 90‑210.67 reads as rewritten:
"§ 90‑210.67. Application for license.
(a) No person may offer or sell preneed funeral
contracts or offer to make or make any funded funeral prearrangements without
first securing a license from the Board. Notwithstanding any other provision of
law, any person who offers to sell or sells a casket, to be furnished or
delivered at a time determinable by the death of the person whose body is to be
disposed of in the casket, shall first comply with the provisions of this
Article. There shall be two types of licenses: a preneed funeral establishment
license and a preneed sales license. Only funeral establishments holding a
valid establishment permit pursuant to G.S. 90‑210.25(d) G.S. 90‑210.155(f)
shall be eligible for a preneed funeral establishment license. Employees
and agents of such entities, upon meeting the qualifications to engage in
preneed funeral planning as established by the Board, shall be eligible for a
preneed sales license. The Board shall establish the preneed funeral planning
activities that are permitted under a preneed sales license. The Board shall
adopt rules establishing such qualifications and activities no later than 12
months following the ratification of this act [Session Laws 1991 (Reg. Sess.,
1992), c. 901, s. 2]. Preneed sales licensees may sell preneed funeral
contracts, prearrangement insurance policies, and make funded funeral
prearrangements only on behalf of one preneed funeral establishment licensee;
provided, however, they may sell preneed funeral contracts, prearrangement
insurance policies, and make funeral prearrangements for any number of licensed
preneed funeral establishments that are wholly owned by or affiliated with,
through common ownership or contract, the same entity; provided further, in the
event they engage in selling prearrangement insurance policies, they shall meet
the licensing requirements of the Commissioner of Insurance. Every preneed
funeral contract shall be signed by a person licensed as a funeral director or
funeral service licensee pursuant to Article 13A 13G of Chapter
90 of the General Statutes.
Application for a license shall be in writing, signed by the applicant and duly verified on forms furnished by the Board. Each application shall contain at least the following: the full names and addresses (both residence and place of business) of the applicant, and every partner, member, officer and director thereof if the applicant is a partnership, limited liability company, association, or corporation and any other information as the Board shall deem necessary. A preneed funeral establishment license shall be valid only at the address stated in the application or at a new address approved by the Board.
…."
SECTION 15. G.S. 130A‑33.31 reads as rewritten:
"§ 130A‑33.31. Commission of Anatomy – Members; selection; term; chairman; quorum; meetings.
(a) The Commission of Anatomy shall consist of five
members, one representative from the field of mortuary science, and one each
from The University of North Carolina School of Medicine, East Carolina
University School of Medicine, Duke University School of Medicine, and Bowman
Gray School of Medicine. The dean of each school shall make recommendations and
the Secretary shall appoint from such recommendations a member to the
Commission. The president of the State Board of Funeral Service North
Carolina Funeral Service and Cemetery Board shall appoint the
representative from the field of mortuary science to the Commission. The
members shall serve terms of four years except two of the original members
shall serve a term of one year, one shall serve a term of two years, one shall
serve a term of three years, and one shall serve a term of four years. The
Secretary shall determine the terms of the original members.
…."
SECTION 16.(a) The terms of members appointed to the North Carolina Funeral Service and Cemetery Board and serving as of July 1, 2015, shall expire on December 31, 2015.
SECTION 16.(b) Notwithstanding any other provision of law, the terms of the two of the members appointed to the North Carolina Funeral Service and Cemetery Board by the Governor pursuant to G.S. 90‑210.145(b)(1), as amended by this act, shall expire December 31, 2015.
SECTION 16.(c) Notwithstanding the provisions of G.S. 90‑210.145, as enacted by Section 6 of this act, to establish staggered terms for the three members appointed to the North Carolina Funeral Service and Cemetery Board (Board) pursuant to this act, appointments to the Board shall be as follows:
(1) The members appointed by the Governor pursuant to G.S. 90‑210.145(b)(3a), as enacted by Section 7 of this act, shall be appointed for two‑year terms to commence January 1, 2016, and expire December 31, 2017.
(2) The member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, who owns or manages a cemetery in North Carolina pursuant to G.S. 90‑210.145(b)(4), as enacted by Section 7 of this act, shall be appointed for a one‑year term to commence January 1, 2016, and to expire December 31, 2016.
(3) The member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, who owns or manages a cemetery in North Carolina pursuant to G.S. 90‑210.145(b)(5), as enacted by Section 7 of this act, shall be appointed for a three‑year term to commence January 1, 2016, and to expire December 31, 2018.
Members described in this section shall serve for the terms for which they were appointed and until their successors are appointed and qualified.
SECTION 17. The Revisor of Statutes shall change the phrase "Board of Funeral Service" or "State Board of Funeral Service" with the phrase "Funeral Service and Cemetery Board" wherever it appears in Articles 13E and 13F of Chapter 90 of the General Statutes.
SECTION 18. The Revisor of Statutes shall, on or after the effective date of this act, correct any reference or citation in the General Statutes that is amended by this act by deleting the incorrect references and substituting correct references.
SECTION 19. Unless otherwise provided, this act becomes effective December 31, 2015.