STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblywoman Dunn, Assemblymen Sauickie, Danielsen and Assemblywoman Flynn
SYNOPSIS
Requires DMVA provide central website registry of unclaimed veteran cremains for veteran organization locating services; Requires funeral director report possession of unclaimed veteran cremains.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning unclaimed cremains of veterans and amending P.L.1983, c.385, P.L.2009, c.14, and N.J.S.38A:3-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1983, c.385 (C.26:7-18.2) is amended to read as follows:
2. a. Except as provided by subsection b. of this section, a person may dispose of the cremains of a dead human body which have not been claimed by a relative or friend of the deceased within one year from the date of cremation upon certification, to the commissioner's satisfaction, that a diligent effort has been made to identify, locate and notify a relative or friend of the deceased within that one-year period. A diligent effort shall include a certified letter, return receipt requested, mailed to the person who authorized the cremation.
A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), who, after due diligence to find a relative or friend of the deceased, is knowingly in possession of the unclaimed cremains of a veteran, as defined by section 1 of P.L.1989, c.162 (C.38A:3-6.3), shall notify the New Jersey Department of Military and Veterans Affairs, by written or electronic communication, of the location and identity of such cremains one year after the date of cremation.
As used in this section, "cremains" means that substance which remains after the cremation of a dead human body.
b. A funeral director[, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.),] shall grant a qualified veterans' organization the right to receive the cremains of a veteran which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the commissioner's satisfaction, that a diligent effort, as defined in subsection a. of this section, has been made to identify, locate and notify a relative or friend of the deceased within that one-year period.
A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated, Brigadier General William C. Doyle Memorial Cemetery, if the individual is eligible for interment at that facility.
As used in this section, "qualified veterans' organization" means a veterans' organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code, or a federally chartered Veterans' Service Organization.
c. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans'
organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct.
(cf: P.L.2009, c.14, s.1)
2. Section 2 of P.L.2009, c.14 (C.38A:3-2b4) is amended to read as follows:
2. a. A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall grant a qualified veterans' organization, as defined in subsection b. of section 2 of P.L.1983, c.385 (C.26:7-18.2), the right to receive the cremains of a veteran which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the satisfaction of the Commissioner of Health and Senior Services, that a diligent effort, as defined in subsection a. of section 2 of P.L.1983, c.385 (C.26:7-18.2), has been made to identify, locate and notify a relative or friend of the deceased within that one-year period, as provided under section 2 of P.L.1983, c.385 (C.26:7-18.2).
A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), who, after due diligence to find a relative or friend of the deceased, is knowingly in possession of the unclaimed cremains of a veteran, as defined by section 1 of P.L.1989, c.162 (C.38A:3-6.3), shall notify the New Jersey Department of Military and Veterans Affairs, by written or electronic communication, of the location and identity of such cremains one year after the date of cremation.
A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated, Brigadier General William C. Doyle Memorial Cemetery, if the individual is eligible for interment at that facility.
b. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans' organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct.
(cf: P.L.2009, c.14, s.2)
3. N.J.S. 38A:3-6 is amended to read as follows:
38A:3-6. Under the direction of the Governor, the Adjutant General shall:
(a) Exercise control over the affairs of the Department of Military and Veterans' Affairs and in connection therewith make and issue such regulations governing the work of the Department of Military and Veterans' Affairs and the conduct of its employees as may, in his judgment, be necessary or desirable.
(b) Be the request officer of the Department of Military and Veterans' Affairs within the meaning of such term as defined in section 1 of P.L.1944, c.112 (C.52:27B-1).
(c) (Deleted by amendment, P.L.1988, c.138.)
(d) Command the organized militia of the State, with responsibility for recruiting, mobilization, administration, training, discipline, equipping, supply and general efficiency thereof. He may issue such regulations and delegate such command functions as he shall deem necessary. The regulations so issued shall, insofar as possible, conform to the federal laws and regulations concerning the same.
(e) Maintain the archives and be the custodian of the records and papers required, by laws or regulations, to be filed with the Department of Military and Veterans' Affairs.
(f) Supervise, administer and coordinate those activities of the selective service system for which the Governor is responsible.
(g) Acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the name of and for the use of the State of New Jersey, all those parcels of land as shall be necessary for armories and ot