Bill > S3720

Introduced Session

This bill amends current law by allowing for the construction of crematories as stand-alone facilities separate and apart from cemeteries and funeral homes. Presently, New Jersey only allows crematories to be located on cemetery property or to operate as facilities that work in conjunction with funeral homes in existence prior to December 1, 1971. Under this bill, a governmental entity, a religious corporation or organization, or a cremation company, defined in the bill as "a person that owns, manages, operates or controls a crematory, directly or indirectly, that is a stand-alone facility located on property owned or leased by the cremation company and that is separate and apart from a cemetery and funeral home," is allowed to open and operate a crematory. The bill incorporates crematories and crematory companies into certain provisions of law that currently only apply to cemeteries. This includes provisions: 1) to allow crematories to be owned or operated only by a governmental entity, a religious corporation or organization, or a cremation company; 2) to require cremation companies to be formed as nonprofits, including cultural nonprofits, in compliance with Title 15A of the New Jersey Statutes; 3) to require a crematory company to file with the New Jersey Cemetery Board the paperwork showing the name and address of the company; 4) to mandate that a crematory company print and conspicuously post its regulations and charges for services; 5) on the disposition of human remains; 6) to allow for the establishment and enlargement of a crematory in a municipality only through the consent of the municipality by resolution; 7) to require board approval if a crematory company seeks to enlarge a crematory; 8) to allow a crematory company to make initial improvements and subsequent capital improvements upon the land it owns, if approved by the board; 9) to require licensure for any natural person who is compensated to act as a crematory salesperson for goods and services provided by a crematory company; 10) to establish that a crematory may be located on cemetery property, on property owned or leased by a funeral home created prior to December 1, 1971 and on property owned or leased by a crematory company; and 11) to allow crematory companies to be included on the registry maintained by the board. New provisions in the bill require the New Jersey Cemetery Board to offer 12 permits for distribution, through an application process, for the operation of a crematory. The applications approved by the board will be for crematories exempt from current statutory requirements regarding crematories. Additionally, the bill requires a crematory company to file an annual report with the board within 120 days after the close of the company's fiscal year. Crematory companies are required to establish rules and regulations addressing the use, management, and protection of the crematory. Crematory companies are prohibited from manufacturing or selling urns or other goods used as a vessel for cremains and from being involved in the conduct of any funeral home or of the business or profession of mortuary science. Crematory companies are also required to maintain records of each cremation performed by the company, including the name of the cremated party and the party who authorized the cremation, and will be exempt from several taxes of which cemeteries are also exempt, including real estate taxes, rates or assessment on personal property taxes on lands and equipment dedicated to crematory purposes.

Committee Categories

Raj Mukherji (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 10/07/2024)

Official Document