North Carolina 2025-2026 Regular Session

North Carolina House Bill H210 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 210
	3	+	H D
	4	+	HOUSE BILL DRH10087-LG-18A
	5	+
5	6
6	7
7	8		Short Title: Perpetual Care of Certain Cemeteries. (Public)
8		-	Sponsors: Representatives Penny and Wheatley (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Regulatory Reform, if favorable, State and Local Government, if favorable, Rules,
11		-	Calendar, and Operations of the House
12		-	February 27, 2025
13		-	H210 -v-1
	9	+	Sponsors: Representative Penny.
	10	+	Referred to:
	11	+
	12	+	DRH10087 -LG-18A
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT DEFINING CARE AND MAINTENANCE OF CEMETERIES LICENSED BY THE 2
16	15		CEMETERY COMMISSION, AUTHORIZING THE CEMETERY COMMISSION TO 3
17	16		PROMULGATE MINIMUM STANDARDS FOR THE CARE AND MAINTENANCE OF 4
18	17		CEMETERIES AND IMPOSE PENALTIES FOR VIOLATIONS OF THOSE 5
19	18		STANDARDS, AND REQUIRING ANNUAL FINANCIAL REPORTS TO INCLUDE 6
20	19		DETAILS OF THE CARE AND MAINTENANCE PERFORMED AT CEMETERIES. 7
21	20		The General Assembly of North Carolina enacts: 8
22	21		SECTION 1. G.S. 65-48 is amended by adding a new subdivision to read: 9
23	22		"(2a) "Care and maintenance" means all general work necessary to keep the 10
24	23		cemetery property in a presentable condition at all times, including the cutting 11
25	24		of grass at reasonable intervals; the raking, cleaning, filling, seeding, and 12
26	25		sodding of graves; the replacement, pruning, or removal of shrubs and trees 13
27	26		in order to assure access to interment rights; and the repair and maintenance 14
28	27		of enclosures, buildings, drives, walks, and the various memorial gardens." 15
29	28		SECTION 2. G.S. 65-53 reads as rewritten: 16
30	29		"§ 65-53. Powers. 17
31	30		In addition to other powers conferred by this Article, the Cemetery Commission shall have 18
32	31		the following powers and duties: 19
33	32		… 20
34	33		(7a) To promulgate rules and regulations establishing minimum standards for the 21
35	34		care and maintenance of cemeteries. The rules and regulations shall provide 22
36	35		that if, after an investigation conducted as authorized by subdivision (3) of 23
37	36		this section, the licensee is found in violation of the minimum standards for 24
38	37		care and maintenance, the Commission in consultation with the North 25
39	38		Carolina Cemetery Association may, in addition to revoking or suspending 26
40	39		the license of the licensee, as authorized by subdivision (3) of this section, 27
41	40		impose a civil penalty of fifty dollars ($50.00) to be recovered in a civil action 28
42	41		in the nature of debt if the licensee does not pay the penalty within a prescribed 29
43	42		period of time which shall not exceed 30 days. Each day's continuing violation 30
44	43		shall be a separate and distinct offense; provided, however, before a penalty 31
45	44		may be imposed under this subdivision, the Commission shall give the 32
46	45		licensee at least 10 days' notice in writing stating the alleged violation of the 33
47		-	minimum standards for care and maintenance and giving the licensee an 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 210-First Edition
49		-	opportunity within the 20-day period following the issuance of the notice to 1
50		-	cure the violation. The clear proceeds of civil penalties imposed pursuant to 2
51		-	this subdivision shall be remitted to the Civil Penalty and Forfeiture Fund in 3
52		-	accordance with G.S. 115C-457.2. 4
53		-	…." 5
54		-	SECTION 3. G.S. 65-65 reads as rewritten: 6
55		-	"§ 65-65. Trust fund; financial reports.reports include care and maintenance performed. 7
56		-	Within 60 days after the end of the calendar or fiscal year of the cemetery company, the 8
57		-	trustee shall furnish adequate financial reports with respect to the care fund along with the details 9
58		-	of the care and maintenance work performed on forms provided by the Commission. However, 10
59		-	the Commission may require the trustee to make such additional financial reports as it may deem 11
60		-	advisable." 12
61		-	SECTION 4. This act is effective when it becomes law. 13
	46	+	minimum standards for care and maintenance and giving the licensee an 34
	47	+	opportunity within the 20-day period following the issuance of the notice to 35
	48	+	cure the violation. The clear proceeds of civil penalties imposed pursuant to 36
	49	+	H.B. 210
	50	+	Feb 25, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10087-LG-18A
	53	+	this subdivision shall be remitted to the Civil Penalty and Forfeiture Fund in 1
	54	+	accordance with G.S. 115C-457.2. 2
	55	+	…." 3
	56	+	SECTION 3. G.S. 65-65 reads as rewritten: 4
	57	+	"§ 65-65. Trust fund; financial reports.reports include care and maintenance performed. 5
	58	+	Within 60 days after the end of the calendar or fiscal year of the cemetery company, the 6
	59	+	trustee shall furnish adequate financial reports with respect to the care fund along with the details 7
	60	+	of the care and maintenance work performed on forms provided by the Commission. However, 8
	61	+	the Commission may require the trustee to make such additional financial reports as it may deem 9
	62	+	advisable." 10
	63	+	SECTION 4. This act is effective when it becomes law. 11