GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 210
Short Title: Perpetual Care of Certain Cemeteries. (Public)
Sponsors: Representatives Penny and Wheatley (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Regulatory Reform, if favorable, State and Local Government, if favorable, Rules,
Calendar, and Operations of the House
February 27, 2025
*H210 -v-1*
A BILL TO BE ENTITLED 1
AN ACT DEFINING CARE AND MAINTENANCE OF CEMETERIES LICENSED BY THE 2
CEMETERY COMMISSION, AUTHORIZING THE CEM ETERY COMMISSION TO 3
PROMULGATE MINIMUM S TANDARDS FOR THE CAR E AND MAINTENANCE OF 4
CEMETERIES AND IMPOS E PENALTIES FOR VIOLATIONS OF THOSE 5
STANDARDS, AND REQUI RING ANNUAL FINANCIA L REPORTS TO INCLUDE 6
DETAILS OF THE CARE AND MAINTENANCE PERF ORMED AT CEMETERIES. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. G.S. 65-48 is amended by adding a new subdivision to read: 9
"(2a) "Care and maintenance" means all general work necessary to keep the 10
cemetery property in a presentable condition at all times, including the cutting 11
of grass at reasonable intervals; the raking, cleaning, filling, seeding, and 12
sodding of graves; the replacement, pruning, or removal of shrubs and trees 13
in order to assure access to interment rights; and the repair and maintenance 14
of enclosures, buildings, drives, walks, and the various memorial gardens." 15
SECTION 2. G.S. 65-53 reads as rewritten: 16
"§ 65-53. Powers. 17
In addition to other powers conferred by this Article, the Cemetery Commission shall have 18
the following powers and duties: 19
… 20
(7a) To promulgate rules and regulations establishing minimum standards for the 21
care and maintenance of cemeteries. The rules and regulations shall provide 22
that if, after an investigation conducted as authorized by subdivision (3) of 23
this section, the licensee is found in violation of the minimum standards for 24
care and maintenance, the Commission in consultation with the North 25
Carolina Cemetery Association may, in addition to revoking or suspending 26
the license of the licensee, as authorized by subdivision (3) of this section, 27
impose a civil penalty of fifty dollars ($50.00) to be recovered in a civil action 28
in the nature of debt if the licensee does not pay the penalty within a prescribed 29
period of time which shall not exceed 30 days. Each day's continuing violation 30
shall be a separate and distinct offense; provided, however, before a penalty 31
may be imposed under this subdivision, the Commission shall give the 32
licensee at least 10 days' notice in writing stating the alleged violation of the 33
minimum standards for care and maintenance and giving the licensee an 34 General Assembly Of North Carolina Session 2025
Page 2 House Bill 210-First Edition
opportunity within the 20-day period following the issuance of the notice to 1
cure the violation. The clear proceeds of civil penalties imposed pursuant to 2
this subdivision shall be remitted to the Civil Penalty and Forfeiture Fund in 3
accordance with G.S. 115C-457.2. 4
…." 5
SECTION 3. G.S. 65-65 reads as rewritten: 6
"§ 65-65. Trust fund; financial reports.reports include care and maintenance performed. 7
Within 60 days after the end of the calendar or fiscal year of the cemetery company, the 8
trustee shall furnish adequate financial reports with respect to the care fund along with the details 9
of the care and maintenance work performed on forms provided by the Commission. However, 10
the Commission may require the trustee to make such additional financial reports as it may deem 11
advisable." 12
SECTION 4. This act is effective when it becomes law. 13