New Jersey-2010-S1376-Introduced

An Act concerning certain fees charged by cemetery companies and amending P.L.2003, c.261.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2003, c.261 (C.45:27-4) is amended to read as follows:

4. a. The board shall administer the provisions of this act and shall have general supervision and regulation of, and jurisdiction and control over, all cemetery companies and their property, property rights, equipment and facilities so far as may be necessary to carry out the provisions of this act.

b. The board shall adopt regulations to carry out the purposes of this act. Regulations shall be adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). This act and the regulations shall be enforced in accordance with P.L.1978, c.73 (C.45:1-14 et seq.) and the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

c. The board may adjust charges and fees as provided by section 2 of P.L.1974, c.46 (C.45:1-3.2) to defray the proper expenses of administration of this act.

d. Nothing in this act shall affect any of the powers regarding cemeteries heretofore exercised by the Attorney General.

e. Nothing in this act shall authorize the board to establish the prices at which graves or crypts may be sold or the charges made for services rendered by cemetery companies. Notwithstanding the provisions of this subsection, a cemetery company shall not charge an additional fee for opening a grave or for rendering any other services attendant to an interment when those services are rendered on Sunday, except that any actual additional or increased costs, such as increased labor costs, which the cemetery company incurs as a result of rendering those services on Sunday, may be charged.

f. The board may institute an action in the Superior Court for injunctive or other relief or for appointment of a receiver to enforce this act or regulations established under it.

(cf: P.L.2003, c.261, s.4)

2. Section 16 of P.L.2003, c.261 (C.45:27-16) is amended to read as follows:

16. a. A cemetery company shall:

(1) adopt reasonable regulations for the use, management and protection of the cemetery and of all interment spaces in it; for regulating the dividing marks between graves; for prohibiting or regulating the erection of structures; for preventing unsightly
monuments, effigies and structures within the cemetery, and for their removal;

(2) fix reasonable charges for interment spaces, niches, products and services offered by the cemetery company; and

(3) keep its books, records and accounts so as to reflect the conduct of its business.

b. A cemetery company may:

(1) prohibit the placement of memorials, effigies or structures on parts of the cemetery and adopt reasonable regulations relating to uniformity, class, composition, material, kinds and sizes of all markers, monuments and other structures within the cemetery provided that the regulations are not established to prevent competition;

(2) sell adornments, embellishments, sod and plantings for use in the cemetery;

(3) prevent the use of interment spaces or niches for purposes that violate the cemetery restrictions and regulations;

(4) regulate the conduct of persons and prevent improper assemblages in the cemetery;

(5) reserve to the cemetery the exclusive right to open and fill graves, furnish equipment, manufacture and install foundations, set and seal crypts and vaults, seal niches and install flush memorials;

(6) regulate or prevent the introduction of embellishments or plants within the cemetery;

(7) prevent the interment in any interment space of human remains not entitled to interment there;

(8) as provided in this act, make provisions for the removal at the cost of the lot owner of any memorial, effigy or structure when either placed in violation of cemetery company rules and regulations or when it becomes dangerous or unsightly; and

(9) to the extent allowed by the regulations of the board, prohibit the interment of human remains or the placement of any memorial when there are any outstanding charges against the interment space.

c. A cemetery company, and any person engaged in the management, operation or control of a cemetery owned by a cemetery company, directly or indirectly, is specifically prohibited from engaging, directly or indirectly, in any of the following activities:

(1) the manufacture or sale of memorials;

(2) the manufacture or sale of private mausoleums;

(3) the manufacture or sale of vaults, including vaults installed in a grave before or after sale and including vaults joined with each other in the ground; and

(4) the conduct of any funeral home or the business or profession of mortuary science; provided that crematoriums operated in conjunction with funeral homes prior to December 1, 1971 are excepted from the provisions of this paragraph (4).

d. Notwithstanding the provisions of paragraph (2) of subsection a. of this section, a cemetery company shall not charge an additional fee for opening a grave or rendering any other services attendant to an interment when those services are rendered on Sunday, except that any actual additional or increased costs, such as increased labor costs, which the cemetery company incurs as a result of rendering those services on Sunday, may be charged.

(cf: P.L.2003, c.261, s.16)

3. This act shall take effect immediately.

STATEMENT

This bill prohibits a cemetery company from charging any additional fee for opening a grave or rendering any other services attendant to an interment when those services are rendered on Sunday. The bill permits the charging of any actual additional or increased costs, such as increased labor costs, which the cemetery company incurs as a result of rendering those services on Sunday.