Bill Summary – FastDemocracy

H.B. 384
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Mar 15, 2023
                                      SESSION 2023                                      HOUSE PRINCIPAL CLERK
     H                                                                                                 D
                                    HOUSE BILL DRH30166-LM-2A
     Short Title:   Cities/Use of Perpetual Care Trust Funds.                                    (Public)
     Sponsors:      Representative Tyson.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT EXPANDING THE PURPOSES FOR WHICH CITIES MAY USE PERPETUAL
     CARE TRUST FUNDS WHEN THE TRUST FUND WAS CREATED SOLELY FOR THE
     PURPOSE OF ACCEPTING A CEMETERY AND PERPETUAL CARE TRUST FUNDS
     FROM A CEMETERY COMPANY.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 160A-347 reads as rewritten:
 "§ 160A-347. Perpetual care trust funds.
     (a)     A city is authorized to create a perpetual care trust fund for any cemeteries under its
 ownership or control, to accept gifts, grants, and devises on behalf of the perpetual care trust
 fund, to deposit any revenues realized from the sale of lots in or the operation of city cemeteries
 in the perpetual care trust fund, and to hold and administer the trust fund for the purpose of
 perpetually caring for and beautifying the city's cemeteries. The city may make contracts with
 the owners of plots in city cemeteries obligating the city to maintain the plots in perpetuity upon
 payment of such sums as the council may fix.
     (b)     The principal of perpetual care trust funds shall be held intact, and the income from
 such funds shall be used to carry out contracts with plot owners for the perpetual care of the plots,
 and to maintain and perpetually care for the cemetery.
     (c)     Perpetual care trust funds shall be kept separate and apart from all other city funds,
 and shall in no case be appropriated by, lent to, or in any manner used by the city for any purpose
 other than the perpetual care of city cemeteries.
     (d)     Notwithstanding any other provision of this section, when a city creates a perpetual
 care trust fund for the sole purpose of accepting perpetual care trust funds from a cemetery
 company regulated by the North Carolina Cemetery Commission that has elected or been
 required to transfer a cemetery and perpetual care trust funds to the city, the city may, in its
 discretion, do either of the following:
             (1)     Transfer the principal and income from the perpetual care trust fund created
                     pursuant to this subsection to the city's general fund for the purpose of
                     establishing, operating, and maintaining cemeteries as authorized by
                     G.S. 160A-341.
             (2)     Use the principal and income from the perpetual care trust fund created
                     pursuant to this subsection for the purpose of perpetually caring for,
                     beautifying, and expanding the city's cemeteries."
             SECTION 2. This act is effective when it becomes law.
                                    *DRH30166-LM-2A*
Statutes affected: 
Filed: 160A-347
Edition 1: 160A-347
Edition 2: 160A-347