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NEW JERSEY REGISTER
VOLUME 38, ISSUE 18
ISSUE DATE: SEPTEMBER 18, 2006
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY CEMETERY BOARD

Proposed New Rules: N.J.A.C. 13:44J-14.5 and 13:44J-14 Appendices A and B

Sale of 17 or More Interment Spaces or Niches to a Person Other Than a Membership or Religious Corporation or Unincorporated Association or Society

Authorized By: New Jersey Cemetery Board, Dianne Tamaroglio, Executive Director.

Authority: N.J.S.A. 45:27-4.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006-318.

Submit comments by November 17, 2006 to:

Dianne Tamaroglio, Executive Director
New Jersey Cemetery Board
PO Box 45031
Newark, NJ 07101

The agency proposal follows:

Summary

The New Jersey Cemetery Board (the Board) proposes new N.J.A.C. 13:44J-14.5, which requires cemetery companies to submit written affidavits to the Board when they sell 17 or more interment spaces or niches to a person. The affidavits must indicate that the purchasing person does not intend to resell the spaces and niches and that the cemetery company does not believe that the person intends to resell the spaces and niches. Sample affidavits are provided in proposed new subchapter Appendices A and B. The proposed new rules stem from N.J.S.A. 45:27-32, which prohibits the resale of interment spaces or niches. As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed new rules will help prevent the resale of interment spaces and niches, which is prohibited by N.J.S.A. 45:27-32, and will benefit society, which views speculation in interment spaces and niches as contrary to public policy.

Economic Impact

The Board believes that the proposed new rules may have a slight economic impact on cemetery companies in that the companies will have to submit affidavits when they sell 17 or more interment spaces or niches to individuals. The cost of submitting these affidavits will be borne by the cemetery companies. The Board does not anticipate that the proposed new rules will impose any other costs.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the proposed new rules. Jobs Impact

The Board does not believe that the proposed new rules will result in an increase or decrease of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed new rules will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., the approximately 400 cemeteries in the State are deemed "small businesses," then the following analysis applies. The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rules including the kinds of professional services likely to be needed to comply. The Act further requires the Board to estimate the initial and annual compliance costs of the proposal with an indication of the varying impact on small businesses of differing types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses. The costs imposed by the proposed new rules are the same for all cemetery companies, and are set forth in the Economic Impact above. The proposed new rules do not require cemetery companies to employ professional services in order to comply with the rules' dictates. The proposed new rules do not impose any recordkeeping or reporting requirements, but do impose compliance requirements by requiring cemetery companies to obtain affidavits from individuals purchasing 17 or more internment spaces or niches, by requiring cemetery companies to complete an affidavit when they sell 17 or more internment spaces or niches to an individual and by requiring cemetery companies to submit these affidavits to the Board. The proposed new rules will facilitate the implementation of N.J.S.A. 45:27-32 and help to prevent the resale of interment spaces and niches; therefore, the proposed new rules must be applied uniformly to all cemetery companies and no differing compliance requirements are provided based on size of the business.

Smart Growth Impact

The Board does not anticipate that the proposed new rules will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed new rules follows:

13:44J-14.3 and 14.4 (RESERVED)

13:44J-14.5 Sale of 17 or more interment spaces or niches to a person other than a membership or religious corporation or unincorporated association or society

(a) A cemetery company that sells 17 or more interment spaces or niches in one or more transactions to a person other than a membership or religious corporation or unincorporated association or society shall have that person sign an affidavit substantially similar to that found in subchapter Appendix A, incorporated herein by reference, which states that the person purchasing the interment spaces or niches is not purchasing for the purpose of resale. The cemetery company shall submit the affidavit to the Board within one week of the completion of the sale.

(b) A cemetery company that sells 17 or more interment spaces or niches in one or more transactions to a person other than a membership or religious corporation or unincorporated association or society shall sign an affidavit that is substantially similar to that found in subchapter Appendix B, incorporated herein by reference, which states that it does not believe that the sale to that person is for the purposes of resale. The cemetery company shall submit the affidavit to the Board within one week of the completion of the sale.

APPENDIX A

I certify that I, ___________________________, am purchasing
(Purchaser's name)

____________________________ internment spaces or niches from
(Number of spaces or niches)

_________________________________________________________ (Name of Cemetery Company selling the spaces or niches)

for the use of those whom I may designate without remuneration or compensation to me in any form. I understand that resale of internment spaces or niches is prohibited by N.J.S.A. 45:27-32.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

___________________________
Purchaser's signature

APPENDIX B

________________________________________________ certifies
(Name of Cemetery Company selling spaces or niches)

that it has no reason to believe that ____________________ is purchasing
(Name of purchaser)

______________________ internment spaces or niches for the purpose
(Number of spaces or niches)

of reselling any of those interment spaces or niches.

____________________________________________ certifies that it has
(Name of Cemetery Company selling spaces or niches)

informed ________________________________ that purchasing
(Name of purchaser)

interment spaces or niches for resale is prohibited by N.J.S.A. 45:27-32. ___________________________________________ certifies that the
(Name of Cemetery Company selling spaces or niches)

foregoing statements are true. ____________________________________________________ is
(Name of Cemetery Company selling spaces or niches)

aware that if any of the foregoing statements made by it are willfully false, it will be subject to disciplinary action.

__________________________________
Cemetery company's authorized signature

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

Comments:

       



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