The "Family and Private Burial Grounds Preservation Act."

S4382

SENATE, No. 4382

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 1, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

SYNOPSIS

���� The "Family and Private Burial Grounds
Preservation Act."

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the preservation of family or private
burial grounds, supplementing Title 40 of the Revised Statutes, and amending
P.L.2003, c.261.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� Sections
1 through 14 of
P.L. , c. (C. )
(pending before the Legislature as this bill) shall be known and may be cited
as the �Family and Private Burial Grounds Preservation Act.�

���� 2.��� (New section)� As used
in P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill):

���� �Burial objects� means any
items or artifacts directly associated with human burials, which items or
artifacts were intentionally deposited in an interment space as a part of a
mortuary ritual at the time of interment.

���� �Cemetery� means the same as
that term is defined in section 2 of the �New Jersey Cemetery Act, 2003,�
P.L.2003, c.261 (C.45:27-2).

���� �Cemetery company� means a
nonprofit corporation, a for-profit corporation, partnership, association, or
other private entity, or any other individual or entity that directly or
indirectly owns, manages, operates or controls a cemetery, and which corporation,
partnership, association, entity, or individual has been authorized to manage
or operate the cemetery pursuant to a certificate of authority issued by the
New Jersey Cemetery Board pursuant to the �New Jersey Cemetery Act, 2003,�
P.L.2003, c.261 (C.45:27-1 et seq.).

���� �Department� means the
Department of Environmental Protection.

���� �Relative� means a family
member, blood or marriage relation, descendant, or individual in the line of
ancestry of a person, and includes the person�s parents, children, siblings,
grandparents, great-grandparents, grandchildren, great-grandchildren, aunts,
uncles, nieces, and nephews.

���� �Disturb� or �disturbance�
means any activity that significantly harms the character, condition, or
physical integrity of a family or private burial ground.

���� �Economic benefit� means:� (a)
savings gained, and that may be realized, from avoided burial ground
maintenance costs; (b) investment returns earned, and that may be earned, on
the amount of avoided burial ground maintenance costs; (c) investment and resale
value gained, and that may be realized, from an increase in the usability of
land on which the burial ground is located, or from

an improvement of the aesthetics
thereof; and (d) any other financial benefit gained, and that may be realized,
from a violation of section 4 or 5 of P.L.��� , c.�� (C.������� or C.������� )
(pending before the Legislature as this bill).

���� �Family or private burial
ground� or �burial ground� means a cemetery into which the human skeletal
remains of two or more persons have been intentionally deposited, and the
location of which has been clearly identified through the intentional placement
of stone tablets, markers, or tombstones, fencing, memorial stones or statues,
or through some other obvious means, and which cemetery (1) is not owned or
operated by a government entity, by a religious corporation or organization, or
by a cemetery company that has received authorization to operate pursuant to
the provisions of the �New Jersey Cemetery Act, 2003,� P.L.2003, c.261
(C.45:27-1 et seq.), and (2) is located on a parcel of land that has never been
used for the purpose of public burials.� �Family or private burial ground� or �burial
ground� shall not include a crematory, as defined in section 2 of P.L.2003,
c.261 (C.45:27-2).

���� �Human skeletal remains� or
�remains� means a body, or part of a body, of a deceased human being, or the
recoverable human bone fragments resulting from the process of cremation.

���� �Interment space� means a
grave, or a tomb, crypt, or some other similarly-purposed structure, whether
originally situated below, on, or above the surface of the ground, into which
the human skeletal remains of a deceased person have been intentionally deposited
as a part of death rites, rituals, or ceremonies.

���� �Maintenance and preservation�
means all of the activities undertaken to uphold or sustain the character,
condition, and physical integrity of a family or private burial ground, and
includes the ordinary care and upkeep of the burial ground.�

���� �Permanent disinterment� means
the dismantling of a family or private burial ground and the permanent removal
therefrom of all human skeletal remains and burial objects, memorial structures
and markers, crypts or other moveable interment spaces contained therein, and
fences, railings, or other structures bounding the same, which permanent
removal has been authorized by the department pursuant to section 5 or 8 of
P.L.��� , c.�� (C.������� or C.������� ) (pending before the Legislature as
this bill).

���� 3.��� (New section)� The
Department of Environmental Protection shall administer the provisions of
P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill) and
shall have general supervision and regulatory authority, and jurisdiction, over
all family or private burial grounds in the State.

���� a.���� The department shall
have the power to:

���� (1)�� apply for, accept, and
receive grant or loan money from any federal, State, or other public or private
source, and solicit and accept gifts, legacies, bequests, and endowments for,
or in aid of, the purposes of P.L.��� , c.�� (C.������� ) (pending before the
Legislature as this bill);

���� (2)�� enter into any agreement
or contract, execute any instrument, and perform any act necessary, convenient,
or desirable to carry out any power expressly given in P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill);

���� (3)�� authorize and effectuate
the permanent disinterment of human skeletal remains or burial objects interred
in a burial ground, pursuant to the provisions of section 5 or 8 of P.L. , c. (C. or C. )
(pending before the Legislature as this bill);

���� (4)�� request assistance from,
and avail itself of the services of, the employees of any State, county, or
municipal department, board, commission, or agency as may be necessary to carry
out any power expressly given P.L.��� , c.�� (C.������� ) (pending before the
Legislature as this bill);

���� (5)�� institute in an action
in the Superior Court for injunctive or other relief, as is necessary to
enforce P.L.��� , c.�� (C.������� ) (pending before the Legislature as this
bill) or the rules and regulations adopted pursuant thereto; and

���� (6)�� in accordance with the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), adopt,
amend, and repeal rules and regulations and issue orders as may be necessary to
carry out the purposes of P.L.��� , c.�� (C.������� ) (pending before the Legislature
as this bill).

���� b.��� The department shall
have the duty to:

���� (1)�� formulate policies for
the maintenance and preservation of family or private burial grounds in the
State;

���� (2)�� establish, maintain, and
regularly update a written record and map of all family or private burial
grounds in the State, and make the same information available for review by the
public;

���� (3)�� prepare and distribute
informational materials to advise the public with respect to New Jersey�s
family or private burial grounds;

���� (4)�� timely review and
respond to all proposals regarding construction, excavation, or building
activities anticipated to take place on or near a family or private burial
ground, or regarding the municipal conversion of a burial ground; and

���� (5)�� submit biennially a
report to the Governor, and pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, describing the activities undertaken by the
department during the preceding two years in relation to P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill), accounting for any
moneys collected and used pursuant to P.L.��� , c.�� (C.������� ) (pending
before the Legislature as this bill), and providing any recommendations or
requests it deems appropriate to further the purposes of
P.L. , c. (C. )
(pending before the Legislature as this bill).

���� 4.��� (New section)� a.�
Except when approval is obtained from the appropriate authority or authorities,
as provided
by P.L. , c. (C. )
(pending before the Legislature as this bill), it shall be unlawful for any
person to intentionally, willfully, or knowingly:

���� (1)�� disturb, destroy,
mutilate, deface, or injure a family or private burial ground or any human
skeletal remains or burial objects contained therein;

���� (2)�� tamper with an interment
space, or expose through excavation, disinter, or remove any human skeletal
remains or burial objects from a burial ground�s interment spaces;

���� (3)�� destroy, mutilate,
deface, injure, knock down, or remove any ornamentation, or any tombstone,
monument, stone marker, statue, or other memorial structure in a family or
private burial ground;

���� (4)�� destroy, mutilate,
deface, injure, knock down, or remove any fence, railing, or other structure
that has been erected along the boundary of a family or private burial ground;
or

���� (5)�� allow any person,
entity, or group access, or facilitate such access, to a family or private
burial ground for any of the purposes identified in paragraphs (1) through (4)
of this subsection.

���� b.��� The department shall
ensure that any human skeletal remains or burial objects that have been
unlawfully disinterred in violation of the provisions of subsection a. of this
section are reinterred in accordance with the provisions of section 9 of P.L. , c. (C. )
(pending before the Legislature as this bill).

���� c.���� This section shall not
apply to a person or entity, or the representative thereof, who destroys,
injures, or removes a tombstone, monument, stone marker, statue, or other
memorial structure, or a fence, railing, or other boundary marker in a family
or private burial ground for purposes that are consistent with the maintenance
and preservation of the burial ground as a burial ground.

���� 5.��� (New section)� a.� Any
new construction, excavation, or building in the area of a family or private
burial ground shall comply with local land use regulations concerning burial
sites, burial grounds, or cemeteries.� In the absence of applicable local regulations,
no new construction, excavation, or building shall be conducted within 15 feet
of the boundaries of a family or private burial ground, except when such
construction, excavation, or building is approved, in writing, by a relative of
each person interred in the burial ground, or when such construction,
excavation, or building is necessary:

���� (1)�� to protect or preserve
the public health, as determined by the governing body of the municipality, by
the local board of health, or by the Department of Health and Senior Services,
or as ordered by the Superior Court based on good cause shown;

���� (2)�� for the construction of
a capital improvement or for construction activities related to the provision
of an essential public service, as approved by the governing body of the
municipality with concurrence from the department;

���� (3)�� for the construction of
a State highway, as approved by the Commissioner of Transportation with
concurrence from the department; or

���� (4)�� for the construction, in
accordance with the provisions of subsection b. of this section, of a private
sewer line connection to a public sewer system, as approved by the governing
body of the municipality with concurrence from the department.

���� b.��� No new construction of a
private sewer line connection to a public sewer system shall be undertaken
pursuant to the provisions of subsection a. of this section unless:

���� (1)�� no other practicable
alternative exists;

���� (2)�� the excavation or
construction will take place at the maximum possible distance from the burial
ground;

���� (3)�� public notice is
provided by the affected municipality in a manner that allows at least two
weeks for members of the public to submit testimony prior to any approval,
construction, excavation, or building; and

���� (4)�� no construction or
excavation equipment will be placed on any part of the burial ground or within
six feet thereof at any time during the construction of the sewer connection.

���� c.���� If the disbanding of a
burial ground is deemed by the department to be necessary and appropriate for
the purposes of facilitating construction, excavation, or building activities
that have been approved pursuant to this section, or if such action is approved,
in writing, by a relative of each person interred in the burial ground, the
department may authorize the permanent disinterment of the human skeletal
remains and burial objects contained within the burial ground and their
reinterment in another cemetery.

���� d.��� A person who provides
written relative approval, as provided by this section, for any construction,
excavation, or building activities occurring on or near a burial ground, or for
the permanent disinterment of human skeletal remains or burial objects
contained in a burial ground, warrants the truth of the facts stated and the
authority to authorize such activity.� Any person who falsifies information in
violation of this subsection shall be liable, in addition to any other
penalties authorized by P.L. , c. (C. )
(pending before the Legislature as this bill), for damages caused by a false
statement.

���� 6.��� (New section)� a.� The
owner of real property containing a family or private burial ground shall
notify the department of the existence thereof within 120 days after the
effective date
of P.L. , c. (C. )
(pending before the Legislature as this bill).� The notice shall include, as
indicated on tombstones or memorial plaques, or as otherwise known and
substantiated by the property owner, the names, birthdates, and deathdates of
the persons interred in the burial ground.

���� b.��� (1)� The department
shall determine, based on an evaluation of the information contained in a
notice that is submitted in accordance with subsection a. of this section, or
through any other reasonable inquiry or investigation, whether a family or
private burial ground qualifies as a �historic cemetery,� as that term is
defined in section 3 of P.L.1983, c.294 (C.40:10B-3).

���� (2)�� The department or its
authorized representatives may conduct excavation activities in a burial ground
if necessary to make the determination required by this subsection.� The
department and its authorized representatives shall disturb the burial ground as
little as possible, and shall remedy, to the greatest extent possible, any
disturbance that is caused during the entity�s exploration and excavation of
the area.� Any human skeletal remains or burial objects that are unearthed as a
result of excavation activities authorized by this paragraph shall be
reinterred in accordance with the provisions of section 9 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill), as soon as is
reasonably possible after a determination has been made by the department
pursuant to this subsection.

���� (3)�� The owner of property on
which a family or private burial ground is located shall provide a reasonable
means of ingress and egress over his or her private land to the burial ground,
as is necessary to facilitate the work of the department pursuant to this
subsection.

���� (4)�� Within 30 days after a
determination is made by the department pursuant to this subsection, the
department shall:� (a) submit to the owner of the real property on which the
burial ground is located, a disclosure statement describing the evidence, if
any, that was recovered at the location, and providing a notation as to the
department�s conclusion regarding the status and nature of the burial ground as
a historic cemetery; and (b) notify the governing body of the municipality in
which the burial ground is located of the presence of the burial ground therein
and its status as a historic cemetery.� The department�s notice to the
municipality shall include a legal description of the land on which the burial
ground is located, and shall identify the approximate location and size of the
burial ground thereon, and the number of interment spaces contained therein.

���� 7.��� (New section)� a.� The
owner of real property containing a family or private burial ground shall take
appropriate action, prior to conveyance of the property, to ensure that the
deed accurately reflects the presence the burial ground thereon.

���� b.��� The owner of real
property containing a family or private burial ground shall not permit any new
interments in the burial ground.

���� 8.��� (New section)� a.� The
owner of real property containing a family or private burial ground may apply
to the governing body of the municipality to take possession of the burial
ground, and may convey to the municipality the person�s interest therein.

���� b.��� Whenever the owner of
real property containing a burial ground has neglected to care for the burial
ground, so that in the opinion of the department or the local board of health,
the burial ground has become a detriment to the public health or safety, or a
public nuisance, the department or the local board of health, as the case may
be, may apply to the governing body of the municipality to take possession of
the burial ground pursuant to the �Eminent Domain Act of 1971,� P.L.1971, c.361
(C.20:3-1 et seq.).

���� c.���� If a conveyance or
acquisition made pursuant to this section would cause a burial ground to be
inaccessible from any public way, the conveyance or acquisition shall be made
subject to an easement over the property owner�s private land, for the benefit
of the spouse and relatives of any person interred in the burial ground, and
for the use of any person or entity authorized by the municipality to conduct
maintenance and preservation activities at the burial ground.� The easement may
be used only for persons to walk in a direct route from the public way nearest
the burial ground to the burial ground at reasonable hours.

���� d.��� A burial ground that is
conveyed to, or acquired by, a municipality pursuant to this section shall be
maintained and preserved as a burial ground, and shall not be converted to
serve any other purposes, except in the case that conversion is approved, in writing,
by a relative of each of the persons interred in the burial ground, or is
necessary for any of the purposes listed in section 5 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill), and is approved by
the proper authorities, as provided in that section.� In the event that a
municipality receives the approvals necessary for a burial ground�s conversion
under this subsection, the department shall authorize the permanent
disinterment of human skeletal remains and burial objects in the burial ground
and their reinterment in another cemetery, in accordance with the provisions of
section 9 of P.L.��� , c.�� (C.������� ) (pending before the Legislature as
this bill).

���� e.���� A person who provides
written relative approval, as provided by this section, for the municipal
conversion of a burial ground, warrants the truth of the facts stated and the
authority to authorize such activity.� Any person who falsifies information in
violation of this subsection shall be liable, in addition to any other
penalties authorized by P.L.��� , c.�� (C.������� ) (pending before the
Legislature as this bill), for damages caused by a false statement.�

���� f.���� No new interments shall
be permitted in any burial ground that has been conveyed to, or acquired by, a
municipality pursuant to this section.

���� 9.��� (New section)� a.�
Except as provided by subsection b. of this section, the department shall take
appropriate action to ensure that any human skeletal remains or burial objects
either lawfully or unlawfully recovered or disinterred from a family or private
burial ground are reinterred, as soon as is reasonably possible after their
recovery or disinterment, in the same interment space in the burial ground from
which they were taken.� If the interment space of origin is unknown, the human
skeletal remains or burial objects may be reinterred in any empty interment
space contained within the same burial ground from which they were removed.

���� b.��� (1)� When permanent
disinterment is authorized by the department pursuant to section 5 or 8 of
P.L. , c. (C. or C. ) (pending
before the Legislature as this bill), the department shall take appropriate
action to ensure that any human skeletal remains or burial objects recovered
from the burial ground pursuant to that authorization are reinterred, as soon
as is reasonably possible after their disinterment, in a cemetery that is owned
or operated by a cemetery company, a religious corporation or organization, or
a government entity.� The department may enter into a contract with any
cemetery company, religious corporation or organization, or government entity
owning or controlling a cemetery, or with any other person, to remove the human
skeletal remains or burial objects interred in the burial ground and reinter
the same in the designated new resting place; to remove from the burial ground
any tombs, headstones, memorial stones or statues, or other markers or
structures and replace them in the new resting place; and to provide for the
proper maintenance and preservation of the new resting place.

���� (2)�� In determining an
appropriate location for the reinterment of human skeletal remains or burial
objects pursuant to this subsection, the department shall endeavor to comply
with all reasonable requests made by relatives of the person whose remains or
burial objects are being reinterred.

���� (3)�� The department shall
maintain complete and accurate records identifying the cemetery in which human
skeletal remains or burial objects are reinterred pursuant to this subsection,
and the identity, if known, of the persons whose remains or burial objects have
been reinterred in the new cemetery location.

���� 10.� (New section)� a.� A
person who violates the provisions of P.L.��� , c.�� (C.������� ) (pending
before the Legislature as this bill) shall be guilty of:

���� (1)�� a criminal offense, as
provided by N.J.S.2C:17-3 (criminal mischief; tampering with grave site),
N.J.S.2C:20-2 (general theft crimes; theft of human remains), section 1 of
P.L.2007, c.321 (C.2C:20-2.3) (theft of headstones or flags from grave sites),
section 1 of P.L.2002, c.127 (C.2C:22-1) (disturbance or desecration of human
remains), or section 2 of P.L.1981, c.282 (C.2C:33-11) (exposure to threat of
violence through defacement of private cemetery property), as applicable; or

���� (2)�� a disorderly persons
offense, if none of the penalty provisions identified in paragraph (1) of this
subsection is applicable to the violative conduct that forms the basis for the
current conviction; or

���� (3)�� a crime of the fourth
degree, if: (a) none of the penalty provisions identified in paragraph (1) of
this subsection is applicable to the violative conduct that forms the basis for
the current conviction, and (b) the offender has previously been convicted of
an offense under this subsection.

���� b.��� Notwithstanding the
provisions of N.J.S.2C:43-3 to the contrary:

���� (1)�� a person who is
convicted of a disorderly persons offense under paragraph (2) of subsection a.
of this section shall be subject to a fine of up to $25,000; and

���� (2)�� a person who is
convicted of a crime of the fourth degree under paragraph (3) of subsection a.
of this section shall be subject to a fine of no less than $25,000, nor more
than $100,000, and a sentence of imprisonment, the term of which shall be
determined by a court in accordance with the provisions of N.J.S.2C:43-6.� A
sentence of imprisonment that is imposed pursuant to this paragraph may be
suspended only when the court is clearly convinced that imprisonment would
result in manifest injustice.�

���� c.���� (1)� In addition to any
other penalties authorized by law, a person who violates the provisions of
section 4 or 5 of
P.L. , c. (C. or C. ) (pending
before the Legislature as this bill), with the specific intent to attain an
economic benefit, as defined in section 2 of P.L.��� , c.�� (C.������� )
(pending before the Legislature as this bill), shall be guilty of a crime of
the fourth degree.

���� (2)�� Notwithstanding the
provisions of N.J.S.2C:43-3 and N.J.S.2C:43-6 to the contrary, a person
convicted under this subsection shall be subject to a sentence of imprisonment
of not less than one year, nor more than five years, and a fine of not less
than $100,000, nor more than $10,000,000.� The fine imposed pursuant to this
paragraph shall be consistent with, and based upon, the value of the economic
benefit attained by the offender as a result of the violation.�

���� d.��� If a violation of
P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill) is of
a continuing nature, each day during which the violation continues shall
constitute an additional, separate, and distinct offense.

���� e.���� Any penalty amounts
that are collected from criminal prosecutions initiated in accordance with this
section shall be deposited into the Family and Private Burial Grounds
Preservation Fund, established pursuant to section 14 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill).

���� f.���� The fact that a
criminal prosecution for a violation of
P.L. , c. (C. )
(pending before the Legislature as this bill) is not instituted or, where
instituted, terminates without a conviction, shall not preclude the filing of a
civil action pursuant to the provisions of section 11 or 13 of P.L.��� , c.��
(C.������� or C.������� ) (pending before the Legislature as this bill). A
final judgment rendered in favor of the State in any criminal proceeding
brought pursuant to this section shall stop the defendant from denying the same
conduct in a civil action that is brought pursuant to
P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� 11.� (New section)� a.� Any
person who violates the provisions of section 4 or 5 of P.L.��� , c.��
(C.������� or C.������� ) (pending before the Legislature as this bill), or any
rule or regulation adopted pursuant thereto, shall, in addition to any other
penalties provided by law, be subject upon order of a court to a civil penalty
of not more than $100,000 for a first offense and not more than $200,000 for
any subsequent offense.� A civil penalty imposed pursuant to this subsection
shall be collected with costs, in the name of the commissioner, in a summary
proceeding initiated pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A-58-10 et seq.).� The Superior Court and the municipal
courts shall have jurisdiction over proceedings for the enforcement of
penalties provided by this subsection.

���� b.��� In addition to any
penalties, costs, or interest charges that may be imposed pursuant to this
section, the court may assess against a violator, the value of any economic
benefit accruing thereto from the violation.

���� c.���� Any moneys that are
collected from a defendant pursuant to this section shall be deposited into the
Family and Private Burial Grounds Preservation Fund, established pursuant to
section 14 of P.L.��� , c.�� (C.������� ) (pending before the Legislature as this
bill).

���� 12.� (New section)� a.� Except
as provided by subsection b. of this section, a person may be held liable for
actions taken by the person�s agent or authorized representative in violation
of
P.L. , c. (C. ) (pending
before the Legislature as this bill) if a court finds that the person:� (1)�
knew or reasonably should have known that the person�s agent or authorized
representative was, or would be, taking action in violation of the provisions
of P.L. , c. (C. )
(pending before the Legislature as this bill), and (2)� facilitated, promoted,
or otherwise acquiesced to the offensive action.

���� b.��� A person may be held
liable under subsection c. of section 10 of P.L.��� , c.�� (C.������� )
(pending before the Legislature as this bill), for actions taken by the
person�s agent or authorized representative in violation of section 4 or 5 of
P.L. , c. (C. or C. )
(pending before the Legislature as this bill), if a court finds that the
person:� (1)� knew that the person�s agent or authorized representative was, or
would be, taking action in violation of the provisions of section 4 or 5 of P.L. , c. (C. or C. )
(pending before the Legislature as this bill) and (2)� with the specific intent
to attain an economic benefit, as defined in section 2 of P.L.��� , c.��
(C.������� or C.������� ) (pending before the Legislature as this bill),
facilitated, promoted, or otherwise acquiesced to the offensive action.

���� c.���� As used in this
section, �acquiescence� shall include silence or inaction in the face of an
apparent violation of
P.L. , c. (C. or C. ) (pending
before the Legislature as this bill).

���� 13.� (New section)� a.� (1)�
The relative of any person interred in a burial ground that is the subject of a
violation of section 4 or 5 of P.L.��� , c.�� (C.������� or C.������� )
(pending before the Legislature as this bill),

�may bring a civil action
for damages against the person alleged to have committed the violation.� A relative
seeking damages pursuant to this section shall establish, by a preponderance of
the evidence, that the alleged offender took action, in violation of the
provisions of section 4 or 5 of P.L.��� , c.�� (C.��� ����or C.������� )
(pending before the Legislature as this bill) which caused damage or harm to
the human skeletal remains, burial objects, or interment space or adornments
thereon, of any of the� relative�s relations.� The Attorney General, as parens
patriae, may initiate a cause of action against a person who violates section 4
or 5 of a (pending before the Legislature as this bill) on behalf of any relatives
who have sustained injury as provided in this paragraph.

���� (2)�� In a case where
vicarious liability is established pursuant to section 12 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill), a relative may
bring civil action for damages, in accordance with the provisions of this
subsection, against either the agent who took offensive action in violation of
the provisions of P.L.��� , c.�� (C.������� ) (pending before the Legislature
as this bill), or the person who facilitated, encouraged, promoted, requested,
authorized, or otherwise acquiesced to, the agent�s taking of such offensive
action.

���� (3)�� Upon proof, by a
preponderance of the evidence, of a defendant�s violation of section 4 or 5 of
P.L. , c. (C. or C. ) (pending
before the Legislature as this bill) and of resulting damages to a relative as
provided in paragraph (1) of this subsection, the defendant shall be liable to
the relative for:

���� (a)�� civil damages in an
amount of three times the value of all costs incurred by the relative to remedy
the effects of the violation, which costs may include, but are not limited to,
costs incurred for:� (i) restoration, to the maximum extent practicable and
feasible, of the injured interment space of any of the relative�s relations;
(ii) replacement, renovation, removal, or relocation of a tombstone, monument,
stone marker, statute, or other memorial structure used in association with the
interment space of any of the relative�s relations; (iii) removal, relocation,
and reinterment of the human skeletal remains and burial objects of any of the relative�s
relations; (iv) clean-up of the injured interment space of any of the relative�s
relations, and removal therefrom of objects or other evidence associated with,
or used to facilitate, the violation of
P.L. , c. (C. ) (pending
before the Legislature as this bill); and (v) restoration, as necessary and
appropriate, of the land and adornments in the burial ground, which surround
and complement the injured interment space of any of the relative�s relations;

���� (b)�� damages for emotional
distress suffered by the relative as a direct result of the violation of
section 4 or 5 of
P.L. , c. (C. or C. )
(pending before the Legislature as this bill), and

���� (c)�� reimbursement for any
costs incurred by the relative for attorneys� fees, court costs, or other
out-of-pocket expenses related to the litigation, except that in the case that
a cause of action is initiated by the Attorney General, as parens patriae, such
costs, including the costs of investigation, shall be awarded to the State.

���� b.��� The cause of action
authorized by this section shall be in addition to and not in lieu of any other
action, injunctive relief, or any other remedy available at law, except that an
award entered pursuant to this section shall be reduced by the amount of any
restitution, if any, that has been awarded for the same injury following
criminal conviction or juvenile adjudication pursuant to section 10 of P.L.���
, c.�� (C.������� ) (pending before the Legislature as this bill).

���� 14.� (New section)� a.� The
department shall establish and manage a fund, to be known as the Family and
Private Burial Grounds Preservation Fund, and shall expend moneys in the fund
as is reasonably necessary to effectuate the purposes of this act.

���� b.��� The moneys to be
deposited in the Family and Private Burial Grounds Preservation Fund shall
include:

���� (1)� Any penalty moneys
collected by the department pursuant to sections 10 and 11 of P.L.�� �, c.��
(C.���� ���and C.�� �����) (pending before the Legislature as this bill);

���� (2)�� Any moneys appropriated
and allocated to the department by the Legislature for purposes consistent with
P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill);

���� (3)�� Any gifts, legacies,
bequests, or endowments received by the department for, or in aid of, purposes
consistent with
P.L. , c. (C. ) (pending
before the Legislature as this bill);

���� (4)
���
Any
grant or loan moneys awarded to the department by a federal, State, or other
public or private source for purposes consistent with P.L.��� , c.�� (C.�������
) (pending before the Legislature as this bill);

���� (5)
���
Any
interest accrued on moneys contained in the fund; and

���� (6)�� Any dividends or returns
received from investment of the moneys in the fund.

���� 15.� Section 23 of P.L.2003,
c.261 (C.45:27-23) is amended to read as follows:

���� 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 authorize removal in
writing;

���� (2)�� removal is authorized by
a State disinterment permit issued by the local board of health; and

���� (3)�� the cemetery finds that
removal is feasible.

���� b.��� No disinterment permit
is required:

���� (1)�� for the temporary
removal or repositioning of vaulted human remains to allow for the deepening of
an interment space within the same lot;

���� (2)�� for the transfer of
temporarily stored remains from the place of temporary storage to the place of
final interment within the same cemetery in accordance with applicable law;

���� (3)�� for the removal of
cremated human remains. However, prior consent shall be obtained from the
interment space owner and the person having the right to control the removal of
the decedent's remains.

���� c.���� Human remains buried on
property that is not part of a cemetery may be removed by the owner of the
property provided that removal is in compliance with applicable law and the
remains are then properly re-buried in a cemetery.

���� d.��� A person who signs an
authorization for the disinterment of human remains warrants the truth of the
facts stated and the authority to order the disinterment. The person shall be
liable for damages caused by a false statement or breach of warranty. A cemetery
or funeral director shall not be liable for disinterment in accordance with the
authorization unless it had reasonable notice that the representations were
untrue or that the person lacked the right to control the disinterment. An
action against a cemetery company relating to the disinterment of human remains
shall not be brought more than one year from the date of disinterment.

����
e.���� This section shall
not apply to the removal of human remains from an interment space that is
located in a �family or private burial ground� as defined in section 2 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
which removal shall, instead, comply with the provisions of the �Family and
Private Burial Grounds Preservation Act,� P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).

(cf: P.L.2003, c.261, s.23)

���� 16.� Section 25 of P.L.2003,
c.261 (C.45:27-25) is amended to read as follows:

���� 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 one municipality, and not more than 3% of
the area of any municipality shall be devoted to cemetery purposes.
This
subsection shall not apply to a �family or private burial ground� as defined in
section 2 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).

���� c.���� A cemetery shall not be
established or expanded to exceed 250 acres at any one location.

���� d.��� The governing body of a
municipality, by resolution, may waive the limitations of subsection b. or c.
of this section if it finds that there is a public need for additional cemetery
lands and that it is in the public interest to waive them.

���� e.���� A cemetery company
shall not dedicate additional land to cemetery purposes without board approval.

(cf: P.L.2003, c.261, s.25)

���� 17. �This act shall take
effect immediately.

STATEMENT

���� This bill, sections 1 through
14 of which would be known as the �Family and Private Burial Grounds
Preservation Act,� would provide the legal protection necessary to prevent the
disturbance and destruction of burial grounds in the State that have been established
and used exclusively by private persons or families.� For ease of practical
application, the bill would define �family or private burial ground� (burial
ground) to mean, in particular, a cemetery that (1) contains the remains of two
or more persons; (2) is clearly identified through the intentional placement of
stone tablets, markers, or tombstones, fencing, memorial stones or statutes, or
through some other obvious means; (3) is not owned or operated by a government
entity, by a religious corporation or organization, or by a cemetery company
that has received authorization to operate pursuant to the provisions of the
�New Jersey Cemetery Act of 2003;� and (4) is not located on land that has ever
been used for the purpose of public burials.

���� The bill would authorize the
Department of Environmental Protection (DEP) to administer and enforce its
provisions, and it would grant the DEP general supervisory and regulatory
authority, and jurisdiction, over all family and private burial grounds in the
State.

�
The
bill would make it unlawful, in particular, for any person to intentionally,
willfully, or knowingly: (1) disturb, destroy, mutilate, deface, or injure a
family or private burial ground or any human skeletal remains or burial objects
contained therein; (2) tamper with an interment space, or expose through
excavation, disinter, or remove any human skeletal remains or burial objects
contained in a burial ground�s interment spaces; (3) destroy, mutilate, deface,
injure, knock down, or remove any ornamentation, or any tombstone, monument,
stone marker, statue, or other memorial structure in a burial ground; (4)
destroy, mutilate, deface, injure, knock down, or remove any fence, railing, or
other structure that has been erected along the boundary of a burial ground; or
(5) allow any person, entity, or group access, or facilitate such access, to a
burial ground for any of the above-listed purposes.

���� In addition, the bill would
require any new construction, excavation, or building in the area of a burial
ground to comply with local land use regulations concerning burial sites,
burial grounds, or cemeteries.� The bill would specify, moreover, that in the
absence of applicable local regulations, no new construction, excavation, or
building may be conducted within 15 feet of the boundaries of a burial ground,
except when such activity is approved, in writing, by a relative of each person
interred in the burial ground, or is determined to be necessary for: (1) the
protection of public health; (2) the construction of capital improvements or
the provision of essential public services; (3) the construction of a State
highway; or (4) the construction, in accordance with specified limitations, of
a private sewer line connection to a public sewer system.

���� Pursuant to the bill�s
provisions, a person who owns property on which a burial ground is located
would be required to report the existence of the burial ground to the DEP
within 120 days after the bill�s effective date, and also to record the
existence of the burial ground in the deed to the property.� The bill, however,
would allow a property owner to apply to the municipality to take possession of
any burial ground on the property, and to convey to the municipality, the
property owner�s interest therein.� In addition, if the DEP or the local board
of health concludes that a burial ground has been neglected by a property owner
to the point that it has become a public hazard or nuisance, the department or
the local board of health, as the case may be, would be authorized to apply to
the municipality to take possession of the burial ground pursuant to the
�Eminent Domain Act of 1971.�

���� A municipality that has
acquired a burial ground would be authorized to convert the burial ground to
serve another purpose only if such conversion is approved, in writing, by a
living relative of each person interred therein, or is determined to be necessary
for one of the reasons listed above, for which construction, excavation, or
building activities may be authorized.

���� The bill would allow the
department to authorize the total dismantling of a burial ground and the
permanent disinterment and reinterment in another cemetery of the human
skeletal remains and burial objects contained therein, only if such action: (1)
is deemed by the department to be necessary and appropriate for the purposes of
facilitating an approved municipal conversion of a burial ground, or an
approved construction, excavation, or building activity taking place on or near
a burial ground, or (2) is otherwise approved, in writing, by a living relative
of each person interred in the burial ground.� Any person who gives such
written relative approval � whether for the municipal conversion of a burial
ground, for construction, excavation, or building activities taking place on or
near a burial ground, or for the permanent disinterment of human skeletal
remains or burial objects in a burial ground � would be liable, in addition to
any other applicable penalties, for damages caused by a false statement.

���� The bill would require any
human skeletal remains or burial objects that are either lawfully or unlawfully
recovered from a burial ground to be reinterred, as soon as is reasonably
possible, in the same burial ground from which they were taken, except in the
case that permanent disinterment has been authorized by the department.� In
such a case, the bill would require any disinterred human skeletal remains or
burial objects to be reinterred in a cemetery that is owned or operated by a
cemetery company, religious corporation or organization, or government entity.

���� Failure to comply with any of
the bill�s provisions would subject a violator to both criminal and civil
liability.� In particular, a person who violates the bill�s provisions would be
guilty of:

���� (1)�� a criminal offense,
ranging from a crime of the fourth degree to a crime of the second degree, as
provided by N.J.S.2C:17-3 (criminal mischief; tampering with grave site),
N.J.S.2C:20-2 (general theft; theft of human remains), section 1 of P.L.2007,
c.321 (C.2C:20-2.3) (theft of headstones or flags from grave sites), section 1
of P.L.2002, c.127 (C.2C:22-1) (disturbance or desecration of human remains),
or section 2 of P.L.1981, c.282 (C.2C:33-11) (exposure to threat of violence
through defacement of private cemetery property), as applicable; or

���� (2)�� a disorderly persons
offense, subject to a fine of up to $25,000, if none of the penalty provisions
identified in paragraph (1) is applicable to the violative conduct; or

���� (3)�� a crime of the fourth
degree, subject to imprisonment and a fine of no less than $25,000 nor more
than $100,000, if: (a) none of the penalty provisions identified in paragraph
(1) is applicable to the violative conduct, and (b) the offender has previously
been convicted of violating the bill�s provisions.� A court would be authorized
to suspend a sentence of imprisonment imposed for such an offense only if the
court determines that imprisonment would result in manifest injustice.

���� A person who violates the
provisions of section 4 or 5 of this bill with the specific intent to attain an
economic benefit therefrom, would additionally be guilty of a crime of the
fourth degree, and would be subject to a sentence of imprisonment of not less
than one year, nor more than five years, and a fine of not less than $100,000,
nor more than $10,000,000, which fine must be consistent with, and based upon,
the value of the economic benefit attained by the offender as a result of the
violation.� �Economic benefit� would be defined to include, among other things,
the investment and resale value gained, and that may be realized, from an
increase in the usability of land on which the burial ground is located, or
from an improvement of the aesthetics thereof, which results from a violation
under the bill.

���� In addition to the criminal
penalties provided by the bill and any other penalties provided by law, a
person who desecrates or destroys a burial ground or the human remains or
objects therein, would be subject, under the bill�s provisions, to a civil penalty
of up to $100,000 for a first offense, and up to $200,000 for a second or
subsequent offense.� The bill would authorize a court, moreover, to hold a
person vicariously liable, in certain circumstances, for offensive conduct that
is engaged in by the person�s agent or authorized representative.

���� Finally, the bill would
authorize any aggrieved relative of a person interred in a compromised burial
ground to file a civil action for damages against the person responsible for
causing the harm to the interment spaces or remains of the relative�s relations.�
A prevailing relative in such a case would be entitled to the receipt of
damages amounting to three times the value of all costs incurred by the
relative to remedy the effects of violation.� In addition, the prevailing
relative would be entitled to damages for emotional distress and reimbursement
for out-of-pocket litigation expenses.

���� By providing for the
imposition of significant civil and criminal penalties, the granting of civil
damage awards, and the finding of vicarious liability, the bill endeavors to
create a system of deterrence that will effectively protect family and private
burial grounds against encroachment or destruction by corporate actors or big
business interests who may receive a substantial net benefit from destruction
thereof, and who, therefore, may not be dissuaded from violations of the bill
absent the existence of such substantial penalties.

���� With the exception of awards
for civil damages, any civil or criminal penalties that are collected in
accordance with the bill�s provisions would be deposited in the �Family and
Private Burial Grounds Preservation Fund,� which would be established and maintained
by the department pursuant to the bill�s provisions.� The bill would also
require the deposit into the Fund of any additional moneys that are
appropriated or allocated to, or otherwise received by, the department for the
bill�s purposes.