GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1141

Short Title:  Cemetery Reg. Changes.	(Public)

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Sponsors: Senators Jordan; and Horton.

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Referred to:  Commerce.

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May 18, 1998

A BILL TO BE ENTITLED
AN ACT TO MAKE CERTAIN CHANGES TO REGULATIONS REGARDING CEMETERIES TO PROVIDE FOR CONSUMER PROTECTION, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S STUDY COMMITTEE ON CEMETERY ISSUES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 65-53 is amended by adding the following new subdivisions to read:
"(9)	To ensure that cemetery companies do not discourage reasonable competition with providers of services and products for cemeteries.
(10)	To ensure that owners of rights to grave spaces, mausoleum spaces, and columbarium spaces and providers of services and cemetery products shall have reasonable access to cemeteries.
(11)	To ensure that contracts for the sale of personal property and services, whether preneed or at-need, contain the disclosures required pursuant to G.S. 65-66(d).
(12)	To adopt temporary rules pursuant to Chapter 150B of the General Statutes to implement subdivisions (9), (10), and (11) of this section until such time as permanent rules are adopted."
Section 2.  G.S. 65-66(d) reads as rewritten:
"(d)	Any contract for the sale of personal property or services, whether preneed or at-need, shall disclose the following:
(1)	The cost for each item of personal property and for each act of installation or other service required by the contract, including any costs for interment, entombment, or inurnment;
(2)	Specification of whether opening and closing of a grave space, mausoleum space, or columbarium space is included in the contract, and, if not, the current prices for opening and closing and a statement that these prices are subject to change;
(3)	Any requirements or costs relating to memorial markers, including any duties of the grave space, mausoleum space, or columbarium space owner if the owner desires to have an outside provider provide the marker and any costs relating to having an outside provider provide and place a marker;
(4)	A statement describing, in language that is readable by a person of average intelligence, experience, and education, the nature of the property right in the grave space, mausoleum space, or columbarium space."
Section 3.  G.S. 65-66 is amended by adding a new subsection to read:
"( n)	A cemetery company shall not prohibit providers of cemetery products or services from providing products or services to persons having rights in a grave space, mausoleum space, or columbarium space so long as the provider is properly bonded and qualified to provide the product or service.  This subsection does not prohibit a cemetery company from adopting reasonable rules to ensure that these providers follow procedures established by the cemetery company to fulfill its obligation to its purchasers."
Section 4.  This act is effective when it becomes law.