Sponsored by:
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex, Morris and Passaic)
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Regulates certain activities of religious corporations operating cemeteries.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain cemetery operations by religious corporations 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. No religious corporation owning, managing, or controlling a cemetery shall, directly or indirectly:
a. sell, or have, or enter into a lease with respect to any of its real property dedicated to cemetery purposes or adjacent thereto to a funeral home, or use any of its property for locating a funeral home;
b. commingle its funds with a funeral home;
c. direct or carry on its cemetery related business or affairs with a funeral home;
d. authorize control of its cemetery related business or affairs by a funeral home;
e. engage in any sale or cross-marketing of goods or services with a funeral home;
f. have, enter into, or perform a management or service contract for cemetery operations with a funeral home;
g. have, enter into, or perform a management contract with any entity other than a cemetery company, as defined in section 2 of P.L.2003, c.261 (C.45:27-2), or religious corporation;
h. engage in the sale of monuments or markers, including flush bronze markers or flush granite markers, or add lettering to existing monuments or markers, nor shall monuments or markers be displayed for sale on the property of a religious corporation, whether the property is located on cemetery grounds or elsewhere; or
i. authorize or permit any employee, trustee, or director of the religious corporation or cemetery to advertise or make known his relationship to that religious corporation or cemetery if that person is engaged in the sale of monuments or markers outside of his employment by, or affiliation with, the religious corporation or the cemetery.
2. This act shall take effect on the 30th day next following enactment.
STATEMENT
This bill regulates certain activities of religious corporations that own, manage or control cemeteries. More specifically, the bill prohibits religious corporations from: selling, or having, or entering into a lease with respect to any of its real property dedicated to cemetery purposes, or adjacent thereto to a funeral home, or using any of its property for locating a funeral home; commingling its funds with a funeral home; directing or carrying on its cemetery related business or affairs with a funeral home; authorizing control of its cemetery related business or affairs by a funeral home; engaging in any sale or cross-marketing of goods or services with a funeral home; having, entering into or performing a management or service contract for cemetery operations with a funeral home; or having, entering into, or performing a management contract with any entity other than a cemetery company or religious corporation.
In addition, the bill states that no religious corporation owning, managing, or controlling a cemetery shall, directly or indirectly, engage in the sale of monuments or markers, including flush bronze markers or flush granite markers, or add lettering to existing monuments or markers, nor shall monuments or markers be displayed for sale on the property of a religious corporation, whether the property is located on cemetery grounds or elsewhere. Furthermore, as stipulated in the bill, no such religious corporation may authorize or permit any employee, trustee, or director of the religious corporation or cemetery to advertise or make known from his relationship to such religious corporation or cemetery if that person is engaged in the sale of monuments or markers outside of his employment by, or affiliation with, the religious corporation or the cemetery.