NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1041

HOUSE BILL 1159

AN ACT AMENDING ARTICLE 24 OF CHAPTER 58, RELATING TO MUTUAL BURIAL ASSOCIATIONS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 58-237.1 is rewritten in its entirety to read as follows:

"Each burial association shall have at all times a surplus of at least three dollars ($3.00) per member. For the purpose of determining such surplus, advanced assessments, unpaid death benefits and other unpaid expenses shall be included as liabilities at time of determining such surplus.

"The Burial Commission shall order any burial association that has a surplus of less than three dollars ($3.00) per member, as determined by the last audit made by the Commissioner's office of a burial association's books or by the annual statement filed by an association, to immediately increase its assessments of its members, the number of such increase in assessments to be in the Commission discretion, provided that no association, unless its death loss requires, shall be ordered to make more than 12 single assessments per year. When the surplus of any association so ordered shall reach three dollars ($3.00) per member, the Burial Commission may, in its discretion, decrease the number of assessments of such association so as to, as near as possible, maintain a surplus of three dollars ($3.00) per member.

"Any burial association, with the prior approval of the Burial Commission, may maintain a surplus of over three dollars ($3.00) per member."

Sec. 2.  Article 4 of G.S. 58-226 is amended by striking all of said Article after the period in line 37 thereof and substituting in lieu thereof the following:

"Upon the failure of any secretary or secretary-treasurer to comply with this provision, it shall be the duty of the Burial Association Commissioner to take charge of the books of the association and do whatever work is necessary to bring the books up-to-date. The actual costs of said work may be charged the burial association and shall be paid from the thirty per cent (30%) allowed by law for the operation of the burial association.

"Whenever in the opinion of the Burial Association Commissioner, it is necessary to audit the books of any burial association more than three times in any calendar year, the Burial Association Commission shall have authority to assess such burial association the actual cost of any audit in excess of three per calendar year, provided that no more than three audits may be deemed necessary unless a discrepancy exists at the last regular audit. Such cost shall be paid from the thirty per cent (30%) allowed by law for the operation of the burial association.

"Every burial association shall file with the Burial Commission an annual report of its financial condition on a form furnished to it by the Burial Commissioner.

Such report shall be filed on or before February 15 of each calendar year and shall cover the complete financial condition of the burial association for the immediate preceding calendar year. The Burial Association Commission may levy and collect a penalty of twenty-five dollars ($25.00) for each day after February 15 that the report called for herein is not filed. The Commission may, in its discretion, grant any reasonable extension of the above filing date without the penalty provided in this Section. Such penalty shall be paid from the thirty per cent (30%) allowed by law for the operation of the burial association. Any secretary or secretary-treasurer who fails to file such financial report on or before February 15 of each calendar year shall be guilty of a misdemeanor and shall be punished by a fine of not in excess of one hundred dollars ($100.00) and imprisoned for not in excess of 30 days, or both fined and imprisoned. Each day after February 15 that said report is not filed by the secretary or secretary-treasurer of a burial association, shall constitute a separate offense."

Sec. 3.  Article 11 of G.S. 58-226 is rewritten in its entirety to read as follows:

"Article 11. Assessments shall be made as provided in G.S. 58-237.1. Whenever possible, assessments will be made at definitely stated intervals so as to reduce the cost of collection and to prevent lapse."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall be in effect upon ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1969.