North Carolina 2017-2018 Session Status: In Committee 1 R cosponsors

SB 479 — Amend Funeral Laws.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

32 added · 33 removed

Plain-language change summary

The recent amendments to Senate Bill 479 include the addition of new lines that clarify certain provisions, while also making some deletions from the original version. These changes help to streamline the bill and make it easier to understand. This is important because clearer legislation can lead to better implementation and compliance, ultimately benefiting the communities affected by the law.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 29, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 479* Short Title:
479 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS25050-MQf-65A* (03/08) Short Title:
A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE.
Rules and Operations of the Senate March 30, 2017 A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE.
… *DRS25050-MQf-65A* General Assembly Of North Carolina Session 2017 (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.
… *S479-v-1* General Assembly Of North Carolina Session 2017 (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.
– Page 2 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 (1) To be licensed for the practice of funeral directing under this Article, a person must:an applicant for licensure bears the burden of substantiating to the satisfaction of the Board that the applicant:
– Page 2 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 (1) To be licensed for the practice of funeral directing under this Article, a person must:an applicant for licensure bears the burden of substantiating to the satisfaction of the Board that the applicant:
DRS25050-MQf-65A* [v.1] (03/17) Page 3 General Assembly Of North Carolina Session 2017 e.
Senate Bill 479*-First Edition Page 3 General Assembly Of North Carolina Session 2017 e.
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 Page 4 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 thereof, and shall indicate the licensee under whom the applicant expects to train.
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 Page 4 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 thereof, and shall indicate the licensee under whom the applicant expects to train.
90-210.25(a)(3) DRS25050-MQf-65A* [v.1] (03/17) Page 5 General Assembly Of North Carolina Session 2017 the following must be shown by the affidavit(s) of the licensee(s) under whom the trainee worked:
90-210.25(a)(3) Senate Bill 479*-First Edition Page 5 General Assembly Of North Carolina Session 2017 the following must be shown by the affidavit(s) of the licensee(s) under whom the trainee worked:
No license forfeited or surrendered pursuant to the preceding sentence shall be reinstated by the Board unless it is shown to the Board that the applicant has, throughout the period of Page 6 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 forfeiture, engaged full time in another state of the United States or the District of Columbia in the practice to which the applicant's North Carolina license applies and has completed for each such year continuing education substantially equivalent in the opinion of the Board to that required of North Carolina licensees;
No license forfeited or surrendered pursuant to the preceding sentence shall be reinstated by the Board unless it is shown to the Board that the applicant has, throughout the period of Page 6 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 forfeiture, engaged full time in another state of the United States or the District of Columbia in the practice to which the applicant's North Carolina license applies and has completed for each such year continuing education substantially equivalent in the opinion of the Board to that required of North Carolina licensees;
The Department of Public Safety Safety, or either the State Bureau of Investigation or the Federal Bureau of Investigation, may DRS25050-MQf-65A* [v.1] (03/17) Page 7 General Assembly Of North Carolina Session 2017 charge each applicant a fee for conducting the checks of criminal history records authorized by this subdivision.
The Department of Public Safety Safety, or either the State Bureau of Investigation or the Federal Bureau of Investigation, may Senate Bill 479*-First Edition Page 7 General Assembly Of North Carolina Session 2017 charge each applicant a fee for conducting the checks of criminal history records authorized by this subdivision.
Page 8 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 a.
Page 8 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 a.
Nothing DRS25050-MQf-65A* [v.1] (03/17) Page 9 General Assembly Of North Carolina Session 2017 in this section prohibits the Office of the Chief Medical Examiner from adopting policies and procedures regarding the removal, transportation, or handling of a dead human body under the jurisdiction of that office that are more stringent than the laws in this section or any rules adopted under this section.
Nothing Senate Bill 479*-First Edition Page 9 General Assembly Of North Carolina Session 2017 in this section prohibits the Office of the Chief Medical Examiner from adopting policies and procedures regarding the removal, transportation, or handling of a dead human body under the jurisdiction of that office that are more stringent than the laws in this section or any rules adopted under this section.
Page 10 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 (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 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.
Page 10 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 (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 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.
DRS25050-MQf-65A* [v.1] (03/17) Page 11 General Assembly Of North Carolina Session 2017 p.
Senate Bill 479*-First Edition Page 11 General Assembly Of North Carolina Session 2017 p.
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 Page 12 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 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.
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 Page 12 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 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.
DRS25050-MQf-65A* [v.1] (03/17) Page 13 General Assembly Of North Carolina Session 2017 (m) Unembalmed human remains retained in the custody of a funeral establishment for more than 24 hours shall be kept in a refrigeration unit." SECTION 5.
Senate Bill 479*-First Edition Page 13 General Assembly Of North Carolina Session 2017 (m) Unembalmed human remains retained in the custody of a funeral establishment for more than 24 hours shall be kept in a refrigeration unit." SECTION 5.
(b) Records, papers, and other documents containing information collected or compiled by or on behalf of the Board as a result of a complaint, investigation, audit, disciplinary matter, or interview in connection with a licensee, permittee, or registrant, or any application for a license, permit, or registration, shall not be considered public records within the meaning of Page 14 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 Chapter 132 of the General Statutes.
(b) Records, papers, and other documents containing information collected or compiled by or on behalf of the Board as a result of a complaint, investigation, audit, disciplinary matter, or interview in connection with a licensee, permittee, or registrant, or any application for a license, permit, or registration, shall not be considered public records within the meaning of Page 14 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 Chapter 132 of the General Statutes.
92-210.64." DRS25050-MQf-65A* [v.1] (03/17) Page 15 General Assembly Of North Carolina Session 2017 SECTION 9.
92-210.64." Senate Bill 479*-First Edition Page 15 General Assembly Of North Carolina Session 2017 SECTION 9.
The Board shall adopt rules establishing such qualifications and activities no later than 12 months following the Page 16 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 ratification of this act [Session Laws 1991 (Reg.
The Board shall adopt rules establishing such qualifications and activities no later than 12 months following the Page 16 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 ratification of this act [Session Laws 1991 (Reg.
If, after January 1, 2008, a funeral establishment receiving a new preneed establishment license or if a preneed establishment license has lapsed or has been terminated for any reason, other than for failure to timely renew the license, the funeral establishment shall obtain a surety DRS25050-MQf-65A* [v.1] (03/17) Page 17 General Assembly Of North Carolina Session 2017 bond in an amount not less than fifty thousand dollars ($50,000) for a period of at least two years;
If, after January 1, 2008, a funeral establishment receiving a new preneed establishment license or if a preneed establishment license has lapsed or has been terminated for any reason, other than for failure to timely renew the license, the funeral establishment shall obtain a surety Senate Bill 479*-First Edition Page 17 General Assembly Of North Carolina Session 2017 bond in an amount not less than fifty thousand dollars ($50,000) for a period of at least two years;
Page 18 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 (a1) On or before March 31, each preneed licensee shall prepare and submit an annual report on its preneed funeral contract sales and performance of preneed funeral contracts and submit the report to the Board in a manner and form prescribed by the Board.
Page 18 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 (a1) On or before March 31, each preneed licensee shall prepare and submit an annual report on its preneed funeral contract sales and performance of preneed funeral contracts and submit the report to the Board in a manner and form prescribed by the Board.
DRS25050-MQf-65A* [v.1] (03/17) Page 19 General Assembly Of North Carolina Session 2017 (1) The names and addresses of the purchasers and beneficiaries of preneed funeral contracts filed with the Board shall not be subject to Chapter 132 of the General Statutes.Board.
Senate Bill 479*-First Edition Page 19 General Assembly Of North Carolina Session 2017 (1) The names and addresses of the purchasers and beneficiaries of preneed funeral contracts filed with the Board shall not be subject to Chapter 132 of the General Statutes.Board.
Page 20 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 … (2) Fraud or misrepresentation in obtaining or renewing a license or license, in the practice of cremation.cremation, or in the operation of a licensee's business.
Page 20 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 … (2) Fraud or misrepresentation in obtaining or renewing a license or license, in the practice of cremation.cremation, or in the operation of a licensee's business.
130A-415(c) or (j), upon such a waiver, and upon the Commissioner of Anatomy declining or failing to request delivery of the dead body, the director of social services having the duty to dispose of the human remains shall become vested with all interests DRS25050-MQf-65A* [v.1] (03/17) Page 21 General Assembly Of North Carolina Session 2017 and rights to the dead body and shall authorize and arrange for disposition, including cremation.
130A-415(c) or (j), upon such a waiver, and upon the Commissioner of Anatomy declining or failing to request delivery of the dead body, the director of social services having the duty to dispose of the human remains shall become vested with all interests Senate Bill 479*-First Edition Page 21 General Assembly Of North Carolina Session 2017 and rights to the dead body and shall authorize and arrange for disposition, including cremation.
Page 22 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 (1) The human remains of multiple fetuses from the same mother and the same birth.
Page 22 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 (1) The human remains of multiple fetuses from the same mother and the same birth.
(d) The Board shall have the same powers to regulate, enforce, discipline, and inspect hydrolysis licensees and the practice of hydrolysis that have been granted under this Article for DRS25050-MQf-65A* [v.1] (03/17) Page 23 General Assembly Of North Carolina Session 2017 the regulation, enforcement, discipline, and inspection of crematories and the practice of cremation.
(d) The Board shall have the same powers to regulate, enforce, discipline, and inspect hydrolysis licensees and the practice of hydrolysis that have been granted under this Article for Senate Bill 479*-First Edition Page 23 General Assembly Of North Carolina Session 2017 the regulation, enforcement, discipline, and inspection of crematories and the practice of cremation.
The that Page 24 DRS25050-MQf-65A* [v.1] (03/17) General Assembly Of North Carolina Session 2017 is responsible for the expense of the final disposition of the decedent.
The that Page 24 Senate Bill 479*-First Edition General Assembly Of North Carolina Session 2017 is responsible for the expense of the final disposition of the decedent.
… (a2) Unless expressly prohibited by the order of appointment, a guardian of the person shall have the authority to direct the final disposition of the remains of the ward through the DRS25050-MQf-65A* [v.1] (03/17) Page 25 General Assembly Of North Carolina Session 2017 methods authorized in subdivision (1) of subsection (a) of this section if executed before the death of the ward.
… (a2) Unless expressly prohibited by the order of appointment, a guardian of the person shall have the authority to direct the final disposition of the remains of the ward through the Senate Bill 479*-First Edition Page 25 General Assembly Of North Carolina Session 2017 methods authorized in subdivision (1) of subsection (a) of this section if executed before the death of the ward.
Page 26 DRS25050-MQf-65A* [v.1] (03/17)
Page 26 Senate Bill 479*-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 177 not signed on

Sponsors (1)

  • Woodard

Co-sponsors (1)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 479?
SB 479 is sponsored by Woodard and Tom McInnis (Republican).
What is the current status of SB 479?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 479?
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