51 N.J.R. 1350(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1350(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 2019  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY CEMETERY BOARD

Administrative Code Citation

Proposed Amendment: N.J.A.C. 13:44J-5.6

Text

Annual Reports

Authorized By: New Jersey Cemetery Board, Quin Archer, Executive Director.

Authority: N.J.S.A. 45:27-4 and P.L. 2013, c. 201.

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

Proposal Number: PRN 2019-122.

Submit written comments by October 18, 2019, to:

   Quin Archer, Executive Director
   Cemetery Board
   PO Box 45031
   Newark, New Jersey 07101o
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

P.L. 2013, c. 201 requires cemetery companies that file an Internal Revenue Service Form 990 to file a copy of that form with the New Jersey Cemetery Board (Board). The law requires that such cemetery companies, and cemetery companies that do not file a Form 990 or that file an Internal Revenue Service Form 990-EZ, file the annual financial report filed with the Attorney General pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-24). This statute deals with charitable organizations that are registered with the Division of Consumer Affairs.
The Board proposes to amend N.J.A.C. 13:44J-5.6 to require cemetery companies that are registered charitable organizations to submit to the Board their most recent charitable organization annual financial reports filed with the Division of Consumer Affairs. There are many cemetery companies that are not registered charitable organizations. Such cemetery companies will not be required to file a charitable organization annual financial report with the Board. The Board proposes to amend N.J.A.C. 13:44J-5.6 to require a cemetery company that files a Form 990 to submit a copy of the most recently filed Form 990 along with its annual report to the Board. This requirement will not apply to cemetery companies that file a Form 990-EZ.

P.L. 2013, c. 201 permits the Board to require cemetery companies that are not registered charitable organizations to submit other financial information it deems appropriate. The Board proposes to require such cemeteries to submit annual gross revenues, annual expenses, amounts in operating accounts, and the name and address of institutions at which operating accounts are held, and an annual financial statement certified by the owners.

The Board has determined that the comment period for this notice of proposal will be 60 days. Therefore, 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 amendments will ensure that the Board has financial information regarding the cemetery companies it regulates.

Economic Impact

The proposed amendments will impose slight costs on cemetery companies that are registered as charitable organizations and file an Internal Revenue Service Form 990. Such cemetery companies will be required to file with the Board a copy of the most recent annual financial report filed with the Division of Consumer Affairs and the most recent Form 990. Cemetery companies will not incur any new costs in preparing these documents as they have already been completed and filed. Cemetery companies will incur the slight cost of copying these documents and mailing them to the Board. The proposed amendments will also impose slight costs on cemetery companies that are not registered as charitable organizations as these cemetery companies will be required to submit information regarding revenue, expenses, and operating accounts.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments.

Jobs Impact

The Board does not believe that the proposed amendments will result in an increase or decrease in the number of jobs in this State.

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

Since cemetery companies are issued certificates of authority by the Board individually, under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.

The costs imposed by the proposed amendments are the same for all cemetery companies as outlined above in the Economic Impact above. Cemetery companies may opt to use the services of accountants to comply with the requirements of the rulemaking. The proposed amendments impose no reporting or recordkeeping requirements, but impose [page=1351] compliance requirements upon cemetery companies in that they will be required to submit to the Board copies of the most recently filed charitable organizations annual financial report and Form 990 or financial information regarding revenue, expenses, and operating accounts.

The proposed amendments provide the Board with financial information regarding cemetery companies regulated by the Board. Therefore, no differing compliance requirements are provided for any cemetery company based on size.

Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern cemetery companies reporting financial information to the Board.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern cemetery companies reporting financial information to the Board.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required

Regulations

Full text of the proposal follows (additions in boldface thus):

SUBCHAPTER 5.    CEMETERY COMPANIES

13:44J-5.6  Annual reports

(a)-(d) (No change.)

(e) Along with the annual report filed pursuant to (a) above, a cemetery company shall submit the following:

1. For a cemetery company that files an Internal Revenue Service Form 990, a copy of that form and a copy of its annual financial report filed with the Attorney General pursuant to N.J.S.A. 45:17A-24;

2. For a cemetery company that does not file an Internal Revenue Service Form 990 or that files an Internal Revenue Service Form 990-EZ, a copy of its annual financial report filed with the Attorney General pursuant to N.J.S.A. 45:17A-24; or

3. For a cemetery company that is not required to file a report with the Attorney General pursuant to N.J.S.A. 45:17A-24, the following information:

i. Annual gross revenue;

ii. Annual expenses, including total compensation;

iii. Amounts in operating accounts;

iv. The name and address of the institution(s) at which operating accounts are held; and

v. An annual financial statement certified by the owners.