Title 45, Title 45: PROFESSIONS AND OCCUPATIONS

45:27-13 Capital required for issuance of certificate of authority; fees and charges. 13. a. As a condition for the issuance of its certificate of authority to operate a cemetery, a cemetery company established after December 1, 1971 shall make an initial deposit of $75,000 to it…

45:27-14 Deposit for maintenance of private mausoleum; other funding requirements. 14. a. A minimum of 10% of the gross contract price for construction and placement of any private mausoleum shall be deposited, before the structure is erected, with the cemetery company, in trust …

45:27-15 Annual report. 15. a. Every cemetery company, other than a municipality, shall file an annual report with the board within 120 days after the close of the cemetery company's fiscal year. The report shall be filed by the cemetery company in a form established by the board…

45:27-15.1 Additional reporting requirements for certain cemetery companies. 1. a. In addition to the Maintenance and Preservation Fund report required pursuant to section 15 of P.L.2003, c.261 (C.45:27-15), every cemetery company: (1) which files an Internal Revenue Service Form…

45:27-16 Duties, powers of cemetery company; restrictions. 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; for regulating the dividing marks between graves; for prohibiting…

45:27-17 Copy of survey map, filing with board. 17. a. A copy of a survey or map of land to be used for cemetery purposes shall be filed with the board. The filing shall constitute dedication of the land for cemetery purposes. b. Before graves are sold, the part of the cemetery, …

45:27-18 Filing requirements with board; public information. 18. a. Before conducting any business with the public, a cemetery company shall file with the board the name and address of the cemetery company and a copy of its regulations and its charges for services. New and amende…

45:27-19 Record of interment, placement of cremains. 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 loc…

45:27-2 Definitions relative to cemeteries. 2. The following definitions, unless the context indicates otherwise, apply to this act: "Annual, endowed or special care" means care or maintenance of an individual interment space provided for by agreement between the cemetery and the…

45:27-20 Exemption from certain taxes. 20. a. Cemetery companies shall be exempt from the payment of any real estate taxes, rates and assessments or personal property taxes on lands and equipment dedicated to cemetery purposes. Cemetery companies shall be exempt from business tax…

45:27-21 Dedication of property to cemetery purposes. 21. a. Dedication of property to cemetery purposes pursuant to this act shall not be invalid as violating any law against perpetuities or the suspension of the power of alienation of title to use of property. It shall be expre…

45:27-22 Control of funeral, disposition of remains; priority classes. 22. a. If a decedent, in a will as defined in N.J.S.3B:1-2, appoints a person to control the funeral and disposition of the human remains, the funeral and disposition shall be in accordance with the instructio…

45:27-23 Removal of remains from interment space. 23. a. Except as otherwise provided in this section, or pursuant to court order, human remains shall not be removed from an interment space unless: (1) the surviving spouse, adult children and the owner of the interment space auth…

45:27-24 Removal of memorial, embellishment, impediment. 24. a. A cemetery company may remove any authorized memorial, embellishment or impediment for safety reasons. Before removal, the cemetery company shall take photographs of the memorial and its condition and shall retain th…

45:27-25 Consent of municipality for establishment, enlargement of cemetery. 25. a. A cemetery shall not be established or enlarged in any municipality without first obtaining the consent of the municipality by resolution. b. No more than five cemeteries may be established in any…

45:27-26 Issuance of certificates. 26. If the board approves, a cemetery company may issue certificates with a fixed face value and a specified interest rate to pay for land acquired for cemetery purposes, for the initial improvements to that land, and for subsequent capital impr…

45:27-27 Permit for public mausoleum. 27. a. A public mausoleum shall not be constructed without obtaining a permit from the construction official of the municipality in which it is to be constructed. Failure to issue a permit is reviewable by the appropriate construction board o…

45:27-28 Transfer of interment space, niche. 28. a. When a cemetery transfers an interment space or niche and records the transfer, the person or persons to whom it was transferred become the owner of the interment space or niche. The conveyance issued by a cemetery shall indicat…

45:27-29 Multiple owners of interment space. 29. a. When there are two or more owners of an interment space: (1) each individual owner's interest may be transferred only by that owner or that owner's authorized representative; (2) each individual owner has a right of interment in…

45:27-3 New Jersey Cemetery Board continued. 3. a. The New Jersey Cemetery Board is continued and established within the Division of Consumer Affairs in the Department of Law and Public Safety. b. The board shall consist of ten members. Five members shall be persons who have serv…

45:27-30 Regulations on interment. 30. a. A cemetery company may adopt reasonable regulations on interment. In the absence of regulation, the cemetery company shall allow human remains of the following persons to be interred in an available interment space: (1) a deceased person …

45:27-31 Maintenance of interment spaces. 31. a. Owners of interment spaces, or other interested persons, may maintain their own interment spaces, or provide for maintenance by an independent contractor provided that the maintenance is subject to the supervision of the management…

45:27-32 Resale of interment space. 32. a. Except as provided in subsection b. of this section, a person shall not purchase an interment space for the sole purpose of resale, and a cemetery company shall not sell an interment space to a person whom it reasonably should know is pu…

45:27-33 Reclamation of grave, crypt. 33. a. A cemetery company may reclaim a grave or crypt if: (1) the cemetery company sold the grave or crypt before December 1, 1971; (2) no provision has been made for the adequate maintenance of the grave or crypt; (3) no burial has been mad…

45:27-34 Lease, transfer of land, interest in land. 34. a. A cemetery may lease or transfer any land or interest in land dedicated to cemetery purposes if: (1) it has not conveyed any part of the land as graves; (2) it determines that the land or the interest in the land to be tr…

45:27-35 License required for cemetery salesperson. 35. a. A license from the board is required for any natural person to be compensated to act as a cemetery salesperson for interment spaces in cemeteries operated by cemetery companies or for goods or services provided by cemeter…

45:27-36 Issuance, renewal of license. 36. A cemetery salesperson license shall be issued or renewed for a period established by the board by regulation. L.2003,c.261,s.36.

45:27-37 Application for cemetery salesperson license. 37. a. An applicant for a cemetery salesperson license shall file a written application on the form prescribed by the board. The application fee prescribed by the board by regulation shall accompany the application. b. The bo…

45:27-38 Action instituted by board. 38. The board may institute an action in the name of the State in the Superior Court for the appointment of a receiver, injunctive or other relief to protect the public interest, or to prohibit the violation of this act or the orders, rules or…

45:27-39 Prior approval required for construction of crematory. 4. In addition to any other statutory or regulatory requirements concerning the construction of a crematory, no crematory shall be constructed without prior approval of the board. An applicant for construction of a c…

45:27-4 Responsibilities of board. 4. a. The board shall administer the provisions of this act and shall have general supervision and regulation of, and jurisdiction and control over, all cemetery companies and their property, property rights, equipment and facilities so far as m…

45:27-40 Permitted locations of crematory. 5. A crematory shall be located only on dedicated cemetery property not exclusively devoted to: (1) the operation of a crematory; or (2) the operation of a crematory and the disposition of cremated remains. This section shall not apply t…

45:27-41 Registry of cemetery companies accepting payment for recipients of Work First New Jersey, SSI. 1. a. 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 avai…

45:27-5 Notice of actions, proceedings involving cemetery companies. 5. The Attorney General and the board shall be served with notice of any action or proceeding by or against a cemetery company and may intervene in the action or proceeding to protect the public interest. L.2003…

45:27-6 Ownership, operation of cemetery, forms authorized. 6. A cemetery established after December 1, 1971 shall be owned or operated only by a governmental entity, a religious corporation or organization or by a cemetery company organized in accordance with this act. L.2003,c.…

45:27-7 Cemetery company, nonprofit corporation, certificate of authority. 7. a. A cemetery company organized in accordance with this act after December 1, 1971 shall not operate a cemetery unless the company is a nonprofit corporation organized and operated in compliance with Ti…

45:27-7.1 Certificate of authority to provide management services for a cemetery, issuance to certain for-profit entities. 1. a. A for-profit corporation, partnership, association or other private entity that managed or operated a cemetery in this State prior to January 14, 2004,…

45:27-8 Purposes of cemetery company. 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 followi…

45:27-9 Amendment of charter, certificate of incorporation. 9. a. A cemetery company organized as a for-profit corporation may amend its charter or certificate of incorporation to operate as a nonprofit lot owner cemetery subject to the provisions of this act provided a plan for …