Bill Text: NJ A1114 | 2012-2013 | Regular Session | Introduced
Bill Title: The "Abandoned Cemetery Maintenance and Preservation Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Regulated Professions Committee [A1114 Detail]
Download: New_Jersey-2012-A1114-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
SYNOPSIS
The "Abandoned Cemetery Maintenance and Preservation Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain abandoned cemeteries, establishing the Abandoned 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 "Abandoned 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).
"Director" means the director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Eligible cemetery" means a cemetery or cemetery company, 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 Abandoned Cemetery Maintenance and Preservation Fund established in section 3 of this act.
"Trustees" means the board of trustees of the fund, appointed pursuant to section 3 of this act.
3. The Abandoned Cemetery Maintenance and Preservation Fund is established as a nonlapsing, revolving fund. The fund shall be administered by a board of trustees, comprised of five members, four of whom shall be appointed by the Governor with the advice and consent of the Senate, as follows: two shall be members of the New Jersey Cemetery Board who shall serve for terms concurrent with their terms as members of the board; and two shall be members of the general public who shall serve for terms of three years and who may be reappointed. The director, or his designee, shall serve ex officio.
The fund shall consist of revenues collected and paid into the fund as provided in section 4 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.
The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the Treasurer upon vouchers signed by the director 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.
4. a. Every cemetery company subject to the provisions of the "New Jersey Cemetery Act, 2003," P.L.2003, c.261 (C.45:27-1 et seq.) shall pay to the board for deposit in the fund a sum equal to 1% of the gross sales price of any lot or grave, or any crypt or niche in a public mausoleum or columbarium or, in the case of a cremation, 5% of the gross price of the services rendered.
b. Amounts required to be paid into the fund pursuant to this section shall be calculated, reported and paid over annually to the board as part of the report required by section 15 of P.L.2003, c.261 (C.45:27-15), which shall be modified for that purpose. Within 45 days of the receipt thereof, the board shall pay over to the fund the net proceeds, less the reasonable costs of collecting and forwarding the assessments.
c. The board shall be responsible to the director and the State Treasurer for reporting and collecting amounts for deposit in the fund.
d. In addition to the funds collected pursuant to this section, the board 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.
5. The principal and interest of the fund may be used, at the discretion of the trustees, in whole or in part, for the general maintenance of eligible cemeteries, including: 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.
6. 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 trustees 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 trustees and the rules and regulations promulgated pursuant to this act.
7. The trustees may also, in their discretion, and subject to the rules and regulations promulgated by the director, 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.
8. Notwithstanding the other provisions of this act, the trustees may use moneys in the fund for the repair of unusually gross vandalism involving eligible cemeteries that are not otherwise abandoned 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 that the cost of repairs is fair and reasonable.
9. The trustees shall reimburse the Division of Consumer Affairs in 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.
10. The trustees shall annually report to the director the activities of the fund, including receipts, disbursements and balances, and the cemeteries assisted pursuant to the provisions of this act.
11. The director, after consultation with the board and the trustees, 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.).
12. This act shall take effect immediately.
STATEMENT
This bill establishes the Abandoned Cemetery Maintenance and Preservation Fund to provide a revenue source for the repair, restoration and maintenance of abandoned cemeteries in the State. The fund is administered by a board of trustees, comprised of five members: two members of the New Jersey Cemetery Board and two members of the public appointed by the Governor; and the Director of the Division of Consumer affairs in the Department of Law and Public Safety or his designee, who shall serve ex officio. The fund shall consist of moneys collected from the sales activities of cemetery companies licensed under the "New Jersey Cemetery Act, 2003," P.L.2003, c.261 (C.45:27-1 et seq.). As provided in the bill, cemetery companies are assessed a fee equal to 1% of the gross sales price of any lot or grave, or any crypt or niche in a public mausoleum or columbarium or, in the case of a cremation, 5% of the gross price of the services rendered. Moneys from other sources, such as bequests or contributions, may also be accepted for deposit into the fund. The State Treasurer is the custodian for the fund and all disbursements from the fund are made by the Treasurer upon vouchers signed by the director or his designee. Moneys in the fund shall be invested in the same manner as other trust funds in the custody of the Treasurer.
Moneys in the fund may be used, at the discretion of the trustees, for the general maintenance of eligible abandoned cemeteries, including 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 trustees 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 trustees may also, in their 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 trustees may also use the moneys in the fund for the repair of unusually gross vandalism at eligible cemeteries not otherwise abandoned when the cost of repairing the vandalism is beyond the scope of the cemetery's current operating resources.
