Bill Text: NJ S780 | 2012-2013 | Regular Session | Amended
Bill Title: Establishes registry of certain cemeteries that accept Work First New Jersey and SSI allowance for burial expenses.*
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2014-01-17 - Approved P.L.2013, c.194. [S780 Detail]
Download: New_Jersey-2012-S780-Amended.html
SENATE, No. 780
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
SYNOPSIS
Establishes registry of certain cemeteries that accept Work First New Jersey and SSI allowance for burial expenses.
CURRENT VERSION OF TEXT
As reported by the Senate Commerce Committee on June 27, 2013, with amendments.
An Act concerning cemetery companies and supplementing P.L.2003, c.261 (C.45:27-1 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 1[No cemetery company authorized to operate a cemetery in this State pursuant to P.L.2003, c.261 (C.45:27-1 et al.), including any for-profit corporation, partnership, association or other private entity that is authorized to manage or operate a cemetery pursuant to section 1 of P.L.2006, c.26 (C.45:27-7.1), shall refuse to accept for interment human remains, notwithstanding that payment for the purchase of an interment space, or for any services rendered by the cemetery company, shall be limited to any allowance or payment for burial expenses available for recipients of Work First New Jersey pursuant to P.L.1997, c.38 (C.44:10-55 et seq.), Supplemental Security Income pursuant to title III of Pub.L.92-603 (42 U.S.C. s.1381 et seq.), and certain other persons specified to be eligible for such payments pursuant to N.J.A.C.10:90-8.1 et seq.
b. The interment of human remains pursuant to this section shall not entitle any person related to the decedent, or otherwise responsible for the interment of the decedent, to membership in the cemetery company or voting rights attendant thereto, as provided in section 10 of P.L.2003, c.261 (C.45:27-10).
c. The board may suspend or revoke the certificate of authority of any cemetery company, or any for-profit corporation, partnership, association or other private entity that is authorized by the board to manage or operate a cemetery in this State, which violates the provisions of this section.] The board shall establish a registry of cemetery companies that voluntarily agree to be included in a list of cemetery companies for whom payment for burial expenses available for recipients of Work First New Jersey pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) and Supplemental Security Income pursuant to title III of Pub.L.92-603 (42 U.S.C. s.1381 et seq.), and certain other persons specified to be eligible for such payments pursuant to N.J.A.C.10:90-8.1 et seq., is sufficient for the purchase of an interment space and for any services rendered by the cemetery company. The board shall make the registry available to the public on the board's internet website and, by request, to members of the public by other means.
b. Any cemetery company may volunteer to be included in the registry established pursuant to subsection a. of this section, and the board shall include any cemetery company in the registry that elects to be included, provided the cemetery company agrees to accept any allowance or payment for burial expenses available for recipients of Work First New Jersey pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) and Supplemental Security Income pursuant to title III of Pub.L.92-603 (42 U.S.C. s.1381 et seq.), and certain other persons specified to be eligible for such payments pursuant to N.J.A.C.10:90-8.1 et seq., as full payment for the purchase of interment space and for any services rendered by the cemetery company. If, after electing to be included in the registry, a cemetery company requests to be removed from the registry, the board shall remove the cemetery company from the registry.
c. If a cemetery company elects to participate in the registry and accept payment pursuant to subsection b. of this section, the acceptance of that payment shall not: (1) entitle any person related to the decedent, or otherwise responsible for the interment of the decedent, to membership in the cemetery company or voting rights attendant thereto, as provided in section 10 of P.L.2003, c.261 (C.45:27-10); (2) require the cemetery company to use an interment space in violation of any religious restrictions on the use of that space; or (3) permit any person related to the decedent, or otherwise responsible for the interment of the decedent, to select the particular interment space in which the human remains will be interred.1
2. This act shall take effect immediately.
