Bill Text: NJ S3610 | 2022-2023 | Regular Session | Introduced
Bill Title: Allows for natural organic reduction of human remains.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-16 - Introduced in the Senate, Referred to Senate Commerce Committee [S3610 Detail]
Download: New_Jersey-2022-S3610-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Allows for natural organic reduction of human remains.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning human composting and amending various sections of the statutory law and supplementing P.L.2003, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1950, c.256 (C.26:7-16) is amended to read as follows:
6. Any person who cremates or provides for the natural organic reduction of any dead human body without first having received a permit for burial or other final disposition issued according to the laws or regulations of this or any other State shall be guilty of a misdemeanor.
(cf: P.L.1950, c.256, s.6)
2. Section 1 of P.L.1983, c.385 (C.26:7-18.1) is amended to read as follows:
1. No person shall cremate or provide for the natural organic reduction of a dead human body unless at least 24 hours have elapsed from the time of death as recorded on the death certificate to the time of cremation.
(cf: P.L.1983, c.385, s.1)
3. Section 12 of P.L.1950, c.256 (C.26:7-22) is amended to read as follows:
12. The Superior Court of this State is hereby vested with jurisdiction and discretionary power in an action in the court brought at the suit of the Attorney-General or of the State Department to prevent and restrain the cremation or natural organic reduction of dead human bodies by any person who has not first obtained the license required by [this act] P.L.1950, c.256 (C.26:7-16 et seq.), or to prevent and restrain the violation by any person of the provisions of [this act] P.L.1950, c.256 (C.26:7-16 et seq.), or of any rule or regulation promulgated hereunder.
(cf: P.L.1953, c.26, s.54)
4. Section 2 of P.L.2003, c.261 (C.45:27-2) is amended to read as follows:
2. The following definitions, unless the context indicates otherwise, apply to [this act] P.L.2003, c.261 (C.45:27-1 et seq.):
"Annual, endowed or special care" means care or maintenance of an individual interment space provided for by agreement between the cemetery and the owner of the space.
"Board" means the New Jersey Cemetery Board.
"Burial" means disposition of human remains by placing them in a grave or crypt, but does not include their temporary storage.
"Burial right" means a right for the burial of human remains in a particular grave or crypt created by contract between a person and a cemetery.
"Cemetery" means any land or place used or dedicated for use for burial of human remains, cremation of human remains, or disposition of cremated human remains.
"Cemetery company" means a person that owns, manages, operates or controls a cemetery or a natural organic reduction facility, directly or indirectly, but does not include a religious organization that owns a cemetery which restricts burials to members of that religion or their families unless the organization has obtained a certificate of authority for the cemetery.
"Columbarium" means a building or structure containing niches for placement of cremated human remains.
"Cremated human remains" means the recoverable bone fragments and container residue resulting from the process of cremation.
"Cremation" means the process of reducing human remains to bone fragments through flame, heat and vaporization.
"Crematory" means a structure containing cremation chambers used to cremate human remains.
"Crypt" means an interment space in a mausoleum or other structure, above or below ground.
"Embellishment" means an item contributing to beauty, comfort or enhancement of a cemetery, but does not include a memorial or a disposable, perishable or seasonal item.
"General maintenance charge" means a fee assessed against each interment space for the general upkeep of the cemetery.
"Grave" means a place for underground disposition of human remains or cremated human remains. A grave may include spaces for the disposition of human remains of more than one person, arranged by depth.
"Human remains" means a body, or part of a body, of a deceased human being.
"Interment" means the disposition of human remains by burial in a grave or crypt but does not mean the temporary storage of remains.
"Interment space" means a grave or crypt intended for the interment of human remains.
"Maintenance" means all activities of a cemetery company which further the care and upkeep of a cemetery, including cutting lawns, and preservation and repair of drains, water lines, roads, buildings, fences and other structures.
"Maintenance and preservation" means the care of the entire cemetery to the extent of the income of the Maintenance and Preservation Fund; it does not include providing specific care to individual graves or plots.
"Mausoleum" means a permanent building in a cemetery above or below ground, containing crypts to be used for burial.
"Memorial" means a marker or monument located at a grave containing the name of a deceased person or the family name of a deceased person, or an effigy or other representation of a deceased person buried in the grave. It does not include an embellishment.
"Natural organic reduction" means the contained, accelerated conversion of human remains to soil.
"Natural organic reduction facility" means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs.
"Niche" means a space in a columbarium or mausoleum for placement of cremated human remains.
"Path" means a course or way intended to provide pedestrian access to interment spaces.
"Person" includes an individual, corporation, partnership, association or any other public or private entity.
"Plot" or "lot" means an area of cemetery ground containing two or more adjoining graves.
"Private mausoleum" means a mausoleum constructed by or for a plot owner and not owned by the cemetery.
"Public mausoleum" means a mausoleum, built in accordance with regulations of the Department of Community Affairs, owned by a cemetery or cemetery company with the intention of use of interment spaces in it by the general public. A mausoleum is distinguished from a single or multiple vault in that it is a single integrated structure assembled on the premises. It shall not consist of one or more vaults constructed off the cemetery premises and installed singly or in series at the cemetery premises.
"Roadway" means a course or way intended to provide vehicle access to interment spaces.
"Vault" means a prefabricated outer burial case of any material, designed to be installed in the ground to receive one or more burials, and not a part of a public or private mausoleum or any other structure.
(cf: P.L.2011, c.230, s.1)
5. Section 8 of P.L.2003, c.261 (C.45:27-8) is amended to read as follows:
8. a. The charter or certificate of incorporation of a cemetery company organized after December 1, 1971 shall state in that section of the charter devoted to the purposes for which the cemetery company is organized one or more of the following purposes:
(1) The procuring and preservation of lands to be used exclusively as a cemetery.
(2) The disposition of human remains, including maintenance and operation of land and the construction of structures including crematories, mausoleums, columbariums, natural organic reduction facilities and other places for human remains or cremated human remains.
b. The stated purposes of the cemetery company shall be considered by the board and may be used as a basis for its determination as to whether to issue a certificate of authority.
c. Except as provided by section 9 of [this act] P.L.2003, c.261 (C.45:27-1 et seq.), for a cemetery company to amend its charter or certificate of incorporation, it first shall have the amendment approved by the board.
d. A cemetery company shall not be dissolved or merged without the board's approval. The board shall not approve the action unless it finds that the company has complied with regulations and has made adequate provision for maintenance and preservation.
(cf: P.L.2003, c.261, s.8)
6. 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 and all properties approved for natural organic reduction; 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] P.L.2003, c.261 (C.45:27-1 et seq.), 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).
(cf: P.L.2003, c.261, s.16)
7. Section 19 of P.L.2003, c.261 (C.45:27-19) is amended to read as follows:
19. a. A cemetery company shall keep a record of every interment and placement of cremated human remains, which shall include the date, the name and age of the person, the cause of death when shown on the burial permit, the location of the burial or disposition, and the name and address of the funeral director.
b. A record shall be kept by a cemetery company of the owner of each interment space that has been conveyed by the cemetery company and of each transfer of an interment space to which the cemetery company has consented. A transfer of an interment space or a right of burial shall not be complete or effective until it is recorded on the books of the cemetery company and any fees required are paid.
c. The instrument of conveyance of an interment space shall include the actual amount paid for it and a description of the interment space sufficient to identify it, including its number as it appears on the cemetery map, and any other information required by regulation of the board. The instrument shall show the dimensions of the interment space.
d. A cemetery company that performs a cremation or provides for natural organic reduction shall keep a record containing the following information:
(1) the name, last residence, age, place and date of death of the decedent;
(2) the name and address of the person who authorized the cremation or natural organic reduction;
(3) the name and address of the funeral home from whom the remains were received for cremation or natural organic reduction;
(4) the name and license number of the funeral director of the funeral home who delivered the remains for cremation or natural organic reduction; and
(5) the date of the cremation or of the start of the natural organic reduction and the recipient of the [cremated] remains or, if no recipient, the final disposition.
(cf: P.L.2011, c.230, s.3)
8. (New section) a. A cemetery company seeking the approval by the board to operate a natural organic reduction facility shall submit, in a form and manner as determined by the board, the following:
(1) a list of the directors, employees, and members of the cemetery company;
(2) a certified survey of the site and location within the county it will be situated;
(3) a business plan for the operation of the natural organic reduction facility to include, but not be limited to, number of expected natural organic reductions per year, number of natural organic reduction units, manufacture, capital costs, financing, anticipated number of employees, types of services provided, and pricing thereof;
(4) a description of the impact of the proposed natural organic reduction facility on other natural organic reduction facilities, if any, within the county;
(5) plans, designs, and related costs of any structures to be erected or retrofitted for the natural organic reduction facility use; and
(6) a description of any approvals or permits required by the State or locality. No natural organic reduction facility shall be approved until the proper approvals or permits are obtained.
b. Within 35 days following receipt of information required pursuant to paragraphs (1) through (6) of section a. of this section, the board may request from the cemetery company any additional information, documentation, or technical assistance deemed necessary by the board. Information required pursuant to this section shall not be deemed complete until additional information, if requested by the board, is received. If additional information is not requested by the board, the submission by the cemetery company shall be considered complete on the 35th day after its receipt by the board.
c. The board shall approve or deny the proposed natural organic reduction facility within 90 days of the completed submission.
d. The board shall provide written notice of its determination to the cemetery company. If the determination renders a denial, the notice shall state the reasons therefor. Notice shall be made by registered or certified mail addressed to the cemetery company at its principal place of business.
9. (New section) a. A cemetery company that operates a natural organic reduction facility shall have the following duties and obligations:
(1) maintenance of a natural organic reduction facility in a clean, orderly, and sanitary manner, with adequate ventilation and a temporary storage area available to store the remains of deceased human beings pending disposition by natural organic reduction, the interior of which shall not be accessible to the general public; and
(2) maintenance of entrances and windows of the natural organic reduction facility to secure privacy, including keeping:
(a) doors tightly closed and rigid;
(b) windows covered; and
(c) entrances locked and secured when not actively attended by authorized facility personnel.
b. The natural organic reduction process shall be conducted in privacy. No person except authorized personnel shall be admitted into the reduction area, holding facility, or the temporary storage facility while the remains of deceased human beings are being naturally organically reduced. Authorized persons, on admittance, shall comply with all rules and regulations of the cemetery company and not infringe upon the privacy of the remains of deceased human beings.
c. Authorized personnel shall include:
(1) licensed funeral directors, registered interns, and students enrolled in a mortuary science program;
(2) officers of the cemetery company;
(3) authorized employees or authorized agents of employees of the cemetery company;
(4) public officers acting in the discharge of their duties;
(5) authorized instructors of funeral directing schools;
(6) licensed physicians and licensees of the New Jersey Board of Nursing; and
(7) members of the immediate family of the deceased and authorized agents and designated representatives.
d. (1) No natural organic reduction facility shall naturally organically reduce the remains of any deceased human being without a permit generated pursuant to section 16 of P.L.2003, c.221 (C.26:8-24.1). The permit shall constitute presumptive evidence of the identity of the remains.
(2) From the time of the delivery of the remains to the natural organic reduction facility, until the time the natural organic reduction facility distributes the remains as directed, the facility shall be responsible for the remains of the deceased human being.
(3) A natural organic reduction facility shall provide or approve an authorization form to accompany the permit generated pursuant to section 16 of P.L.2003, c.221 (C.26:8-24.1). The form shall be signed by the next of kin or authorizing agent attesting to the permission for the natural organic reduction of the deceased, and disclosing to the natural organic reduction facility that the body does not contain a battery, battery pack, power cell, radioactive implant, or radioactive device, if any, and that these materials were removed prior to the natural organic reduction process.
e. Upon good cause being shown rebutting the presumption of the identity of the remains, the natural organic reduction shall not commence until reasonable confirmation of the identity of the deceased human being is made. The proof of identity may be in the form of, but not limited to, an affidavit signed by a licensed physician, member of the family of the deceased, or the authorized agent of the family, or a court order from a court of competent jurisdiction.
f. The natural organic reduction facility shall have a written plan to assure that the identification verified through the permit generated pursuant to section 16 of P.L.2003, c.221 (C.26:8-24.1) accompanies the remains of the deceased human being through the natural organic reduction process and until the identity of the deceased is accurately and legibly inscribed on the container in which the remains are temporarily placed.
g. (1) Upon good cause to confirm the identity of the deceased, or assure no material is enclosed which may cause injury to employees or the property in which the facility is located, or upon reasonable demand by members of the immediate family of the deceased or the authorized agent, the remains of a deceased human being shall be delivered to the natural organic reduction facility in an alternative container or in external wrappings sufficient to contain the remains and designed to fully decompose in the natural reduction process.
(2) The opening of alternative containers or wrappings after delivery to the natural organic reduction facility shall only be performed by a licensed funeral director delivering the remains of the deceased. A record shall be created to list the reason for the opening, the signature of the individual authorizing the opening thereof, and the names of the licensed funeral director and the witness thereto of the opening. The record shall be retained in a permanent file of the natural organic reduction facility.
(3) The opening of alternative containers or wrappings shall be performed in compliance with all rules and regulations intended to protect the health and safety of natural organic reduction facility personnel.
h. If the remains of the deceased human being are to be delivered to a natural organic reduction facility in a casket that is not to be naturally organically reduced with the deceased, disclosure thereof shall be made in a timely manner by the individual making funeral arrangements to the facility that, prior to the natural organic reduction, the remains of the deceased shall be transferred to an alternative container. An acknowledgement of the disclosure shall be signed by the individual making funeral arrangements and retained by the natural organic reduction facility in a permanent file.
i. (1) The remains of the deceased human being shall not be removed from a casket, an alternative container, or wrappings in which the remains are delivered to the natural organic reduction facility unless explicit, signed authorization is provided by the individual making funeral arrangements or by a public officer discharging his or her statutory duty. The signed authorization shall be retained by the natural organic reduction facility in a permanent file.
(2) A transfer of the remains of a deceased human being to an alternative container shall be conducted in privacy, with dignity and respect, and by the licensed funeral director who delivered the remains. The transfer shall be performed in compliance with all rules and regulations intended to protect the health and safety of natural organic reduction facility personnel.
j. It shall be unlawful to commingle the remains of more than one deceased human being in a reduction container simultaneously unless explicit, signed authorization is provided by the individual making funeral arrangements and signed approval is granted by the natural organic reduction facility. The signed authorization and signed approval shall be retained by the natural organic reduction facility in a permanent file.
k. Upon completion of the natural organic reduction of the remains of the deceased human being, the cemetery company shall notify the individual who made funeral arrangements or the authorizing agent.
l. Upon completion of the natural organic reduction of the remains of the deceased human being, the interior of the natural organic reduction container shall be thoroughly swept or otherwise cleaned so as to render the container reasonably free of all matter. The contents thereof shall be placed into an individual container and shall not be commingled with other remains. The permit for the natural organic reduction generated pursuant to section 16 of P.L.2003, c.221 (C.26:8-24.1) shall be attached to the individual container in preparation of final processing.
(2) A magnet and sieve, or other appropriate method of separation, may be used to divide the remains from unrecognizable incidental or foreign material.
(3) The incidental and foreign material of the natural organic reduction process shall be disposed of in a safe manner in compliance with all rules and regulations on sanitation and byproducts.
(4) The remains shall be pulverized until no single fragment is recognizable as skeletal tissue.
(5) The pulverized remains shall be transferred to a container or multiple containers, if so requested in writing by the individual who made funeral arrangements for the natural organic reduction or an authorizing agent. The container or containers shall be of dimensions suitable to contain the remains of the deceased individual who was naturally organically reduced. The container or containers shall be accurately and legibly labeled with the identification of the individual who was natural organically reduced.
m. The individual who made funeral arrangements or the authorizing agent shall be responsible for the final disposition of the remains of the individual who was naturally organically reduced. Remains shall be disposed of by:
(1) scattering them in a designated scattering garden or area in a cemetery;
(2) with prior authorization of the cemetery company, by placing the remains in a grace, crypt, or niche; or
(3) retrieval of the remains pursuant to prior authorization by the individual who made funeral arrangements of the deceased, an authorizing agent, or an individual specifically designated by the authorizing agent.
n. Remains resulting from the natural organic reduction process, which are scattered or interred, shall not be recoverable.
o. If, after 120 days after the notification of the completion of the natural organic reduction, a cemetery company has not received instruction from the individual who made funeral arrangements or an authorizing agent on the final disposition of the remains, the cemetery company shall dispose of the remains in any manner as allowed pursuant to paragraphs (1) through (3) of subsection m. of this section. A record of the disposition by the cemetery company shall be retained in a permanent file. The individual who made the funeral arrangements or the authorizing agent shall be responsible for reimbursement of all reasonable expenses made by the cemetery company if the disposition of the remains was performed by the company.
p. After disposition of remains by an individual who made the funeral arrangements, an authorizing agent, or the cemetery company pursuant to subsection o. of this section, the cemetery company shall be discharged from any legal obligation or liability concerning the choice of the final disposition of the remains.
q. No individual shall place remains of more than one person in the same temporary container or urn except with the express written authorization of the individual or individuals who made funeral arrangements of the deceased or an authorizing agent.
r. (1) An employee of a natural organic reduction facility whose function is to conduct the daily operations of the cremation or natural organic process shall be certified by an organization approved by the board. Proof of certification shall be posted in the natural organic reduction facility and available for inspection at any time.
(2) A new employee of a natural organic reduction facility required to be certified under this section shall be certified within one year of the commencement of employment at the facility.
(3) An employee of a natural organic reduction facility required to be certified under this section and retained as an employee prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall obtain certification within one year of the effective date.
(4) Renewal of the certification shall be completed every five years from the date of certification.
s. A natural organic reduction facility shall be subject to inspection by the board. Upon inspection, a facility may be asked to produce records regarding its operation and maintenance. The records may include, but not be limited to, any records the facility is asked to retain as part of a permanent file and any record on the procedure used to identify remains.
10. This act shall take effect on the first day of the tenth month next after enactment.
STATEMENT
This bill allows for the natural organic reduction of deceased individuals. Provisions in current law addressing cremation and the regulation of cemetery companies are updated under the bill to incorporate the creation and regulation of natural organic reduction facilities and the oversight of the organic reduction process. The bill stipulates the information a cemetery company is to submit to the New Jersey Cemetery Board for approval for the construction and operation of a natural organic reduction facility and how a facility is to manage the transfer of remains and the reduction process. The bill also authorizes the board to inspect facilities.
