Bill Text: NJ A1007 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes Distressed Cemetery Maintenance and Preservation Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Regulated Professions Committee [A1007 Detail]
Download: New_Jersey-2010-A1007-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
SYNOPSIS
Establishes Distressed Cemetery Maintenance and Preservation Fund.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain distressed cemeteries, establishing the Distressed Cemetery Maintenance and Preservation Fund and supplementing P.L.2003, c.261 (C.45:27-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Distressed Cemetery Maintenance and Preservation Act."
2. As used in this act:
"Board" means the New Jersey Cemetery Board continued and established pursuant to section 3 of P.L.2003, c.261 (C.45:27-3).
"Eligible cemetery" means a cemetery or cemetery company designated as a distressed cemetery and eligible for the benefits of the fund as provided by this act, but does not include a religious cemetery exempt from regulation under the provisions of the "New Jersey Cemetery Act, 2003," P.L. 2003, c.261 (C.45:27-1 et seq.).
"Fund" means the Distressed Cemetery Maintenance and Preservation Fund established in section 5 of this act.
3. a. A fee of $10 shall be contributed by a cemetery company with a certificate of authority for a grave, crypt, or niche opening within a cemetery and deposited in the Distressed Cemetery Maintenance and Preservation Fund created pursuant to section 5 of this act.
b. A fee of $10 shall be contributed by a funeral director for each funeral conducted by that funeral director which results in the placement of a vault, casket or cremation container within a cemetery that is owned, managed, operated or controlled by a cemetery company with a certificate of authority and deposited in the Distressed Cemetery Maintenance and Preservation Fund created pursuant to section 5 of this act.
c. A fee of $10 shall be contributed by a builder of a memorial for each memorial placed by that builder within a cemetery that is owned, managed, operated or controlled by a cemetery company with a certificate of authority and deposited in the Distressed Cemetery Maintenance and Preservation Fund created pursuant to section 5 of this act.
4. a. A cemetery located in this State acting under an active certificate of authority, or which applies to reactivate a surrendered certificate of authority, may be designated as a distressed cemetery by the board if the board finds, after investigation, that the cemetery company:
(1) has little or no current revenue stream and little or no funds on hand in its maintenance and preservation fund, or other financial reserves or available trusts that would provide for the maintenance and preservation of the common grounds and structures of the cemetery;
(2) has no persons to direct the cemetery on a voluntary or contract basis as to the proper care for the grounds and structures, thereby allowing a hazardous condition to develop or exist that poses a threat to the public safety;
(3) has liabilities greater than the assets available, causing a condition of deterioration that cannot reasonably be resolved, based on current estimated resources and activities of the cemetery;
(4) does not have adequate revenues or maintenance and preservation funds to sustain the maintenance and preservation of the common grounds and structures on a current basis, or demonstrates by clear evidence that it will be unable to care for the cemetery in the near future, based on the current economic condition of the cemetery;
(5) does not provide for the maintenance and preservation of the common grounds and structures and is unable to serve the public needs in performing interments or act in such a way as to service the public good; or
(6) has insufficient funds and service providers to care for the maintenance and preservation of the common grounds and structures into the future and demonstrates that those services are not and will not be available.
b. If the board finds that any of the conditions in subsection a. of this section exist and further finds that the existence of the condition results in, or is reasonably likely to result in, a breach of the public confidence and trust concerning the normal operation of the cemetery, the board shall designate the cemetery as a distressed cemetery and eligible for the benefits of the fund as provided by this act.
5. a. The Distressed Cemetery Maintenance and Preservation Fund is established as a nonlapsing, revolving fund. The fund shall be administered by the Attorney General, through the New Jersey Cemetery Board.
b. The fund shall consist of revenues collected and paid into the fund as provided in sections 3 and 6 of this act and the interest which is earned on those moneys. Moneys in the fund shall be used to carry out the provisions of this act and no part of the corpus or earnings may be used for any purpose other than as specified in this act.
c. The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the State Treasurer upon vouchers signed by the Attorney General or his designee. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer in the manner provided by law.
6. a. Amounts required to be paid into the fund pursuant to subsections b. and c. of section 3 of this act shall be paid by the funeral director or by the builder of a memorial to a cemetery company in a case where a vault, casket, cremation container or memorial are being placed within a cemetery, at the time the placement is made.
b. The board shall be responsible to the Attorney General and the State Treasurer for reporting and collecting amounts for deposit in the fund within 45 days of receipt.
c. In addition to the funds collected pursuant to this section, the board, or the Attorney General, as the case may be, may accept any and all other moneys credited or transferred to the fund from any other fund or source, including but not limited to any devise, bequest or voluntary contribution.
d. Within 30 days following the end of each calendar quarter, a cemetery company receiving payments provided for in subsections b. and c. of section 3 of this act shall remit those amounts and remittances contributed by the cemetery company as required pursuant to the provisions of subsection a. of section 3 of this act to the board in a manner and on forms prescribed by the board.
7. a. The principal and interest of the fund may be used, at the discretion of the board, in whole or in part, for the general maintenance of eligible cemeteries, including, but not limited to: the construction of fences; the placement of lighting; the organization and operation of security; the replacement of doors and locks; the resetting of stones and monuments; the securing of physical structures; the restoration of property damaged by acts of vandalism; and any other purpose or acts the trustees deem necessary to maintain or restore the safety and security of an eligible cemetery, within the limits of its resources, so as to prevent the cemetery from becoming or remaining a public nuisance.
b. The board shall review the condition of all eligible cemeteries and recommend to the Attorney General appropriate disbursements from the fund after consideration and approval at a public hearing of the board.
8. Whenever the governing body of an eligible cemetery determines that it is unable to properly care for itself, or whenever a municipality has taken possession of an abandoned cemetery pursuant to P.L.1948, c.80 (C.40:60-25.33 et seq.), the governing body or the municipality, as the case may be, or other responsible person, may apply to the board for technical, operating and financial assistance to support its efforts to care for the eligible cemetery, to be self-sufficient or otherwise to develop a plan for long-term care, subject to the discretion of the board and the rules and regulations promulgated pursuant to this act.
9. The board may, in its discretion, and subject to its rules and regulations, use amounts in the fund to engage in legal planning and action and to create other entities as may be necessary to receive, organize and consolidate cemeteries and their respective assets, including trust funds set aside for their care, maintenance, preservation and perpetuation, into any one or more nonprofit corporations when the governing body of an eligible cemetery, including a municipality in the case of an abandoned cemetery, determines that course to be in the best interests of the lot holders.
10. Notwithstanding the other provisions of this act, the board may use moneys in the fund for the repair of unusually gross vandalism involving cemeteries that are not otherwise distressed or unable to care for themselves, when the cost of repairing that vandalism is outside of the scope of the cemetery's current operating resources and is not otherwise provided for by insurance, and so long as the cost of repairs is fair and reasonable.
11. The board shall reimburse the Department of Law and Public Safety for all reasonable costs of administering the fund from the fund, and for fees incurred for any outside administrative or consultative services.
12. The board shall annually report to the Attorney General the activities of the fund, including receipts, disbursements and balances, and the eligible cemeteries assisted pursuant to the provisions of this act.
13. The board, after consultation with the Attorney General, shall promulgate rules and regulations to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
14. This act shall take effect immediately.
STATEMENT
This bill establishes the Distressed Cemetery Maintenance and Preservation Fund to provide a revenue source for the repair, restoration and maintenance of distressed cemeteries in the State. The fund is administered by the Attorney General, through the New Jersey Cemetery Board.
As provided in the bill, funding for the Distressed Cemetery and Maintenance Fund shall be derived in the following manner: A fee of $10 shall be contributed by a cemetery company with a certificate of authority issued by the board for a grave, crypt, or niche opening within a cemetery and deposited in the Distressed Cemetery Maintenance and Preservation Fund; a fee of $10 shall be contributed by a funeral director for each funeral conducted by that funeral director which results in the placement of a vault, casket or cremation container within a cemetery that is owned, managed, operated or controlled by a cemetery company with a certificate of authority and deposited in the Distressed Cemetery Maintenance and Preservation Fund; and a fee of $10 shall be contributed by a builder of a memorial for each memorial placed by that builder within a cemetery that is owned, managed, operated or controlled by a cemetery company with a certificate of authority and deposited in the Distressed Cemetery Maintenance and Preservation Fund.
Moneys from other sources, such as bequests or contributions, may also be accepted for deposit in the Distressed Cemetery Maintenance and Preservation Fund. The State Treasurer is the custodian of the fund and all disbursements from the fund are made by the Treasurer upon vouchers signed by the Attorney General or his designee. Moneys in the fund shall be invested in the same manner as other trust funds in the custody of the Treasurer.
If the board finds that any of the various conditions listed in the bill exist, and further finds that the existence of those conditions results in, or is reasonably likely to result in, a breach of the public confidence and trust concerning the normal operation of the cemetery, the board may designate the cemetery as a distressed cemetery and eligible for the benefits of the fund as provided by the bill. The board may designate a cemetery as a distressed cemetery if: the cemetery company lacks sufficient financial resources; has no one to direct the proper care of the cemetery; has liabilities greater than the assets available; demonstrates by clear evidence that it will be unable to care for the cemetery in the near future, based on the current economic condition of the cemetery; does not provide for the maintenance and preservation of the common grounds and structures; or lacks service providers to care for the maintenance and preservation of the common grounds and structures into the future and demonstrates that those services are not and will not be available.
Moneys in the fund may be used, at the discretion of the board, for the general maintenance of eligible cemeteries, including, but not limited to, the construction of fences, the placement of lighting, security operations, the resetting of stones and monuments, restoration of property damaged by vandalism, and any other maintenance or repairs necessary to prevent the cemetery from becoming or remaining a public nuisance. An eligible cemetery may also apply to the board for technical, operating and financial assistance to support its efforts to care for itself, to be self-sufficient or otherwise to develop a plan for long-term care. The board may also, in its discretion, use amounts in the fund to engage in legal planning and action to receive, organize and consolidate, where appropriate, cemeteries and their respective assets, into one or more nonprofit corporations when the governing body of an eligible cemetery determines such action is in the best interest of the lot owners. The board may also use the moneys in the fund for the repair of unusually gross vandalism at cemeteries not otherwise distressed when the cost of repairing the vandalism is beyond the scope of the cemetery's current operating resources.
