N.J. Stat. tit. 38, ch. 17

in effect

N.J. Stat. § 38:17-1 Interment of indigent veterans; definitions.

38:17-1. The board of chosen freeholders in each of the counties shall designate a proper authority, other than that designated by law for the care of paupers and the custody of criminals, who shall cause to be interred the bodies of all veterans of the United States Armed Forces discharged under conditions other than dishonorable, including the bodies of all honorably discharged members of the American Merchant Marine who served during World War II and have been declared by the United States Department of Defense to be eligible for federal veterans' benefits, who die indigent. The expense of such funeral shall not exceed in any case the sum of $1,250 for burial or cremation. For the purposes of this section: "Indigent" shall mean a person who has an income that is below 200 percent of the federal poverty level; and "Poverty level" shall mean the official poverty level based on family size established and adjusted under Section 673(2) of Subtitle B. of the federal "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902(2)). amended 1945, c.302; 1947, c.175, s.1; 1951, c.136; 1967, c.160; 1991, c.389, s.11; 2013, c.238, s.1; 2023, c.17, s.1.

N.J. Stat. § 38:17-2 Appointment, supervisor of veterans' interment

38:17-2. The board of chosen freeholders in each of the counties shall appoint a suitable person who shall be a resident of the county, as supervisor of veterans' interment; provided, that in making such appointment an honorably discharged soldier, sailor or marine who served in the Army, Navy or Marine Corps of the United States during any war in which the United States has been engaged, or an honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits, shall be appointed. The supervisor of veterans' interment shall be paid such annual salary as may be fixed by the board of chosen freeholders of each county. The salary shall be paid in semimonthly installments by the county treasurer. Where any person has served as a superintendent of soldiers' burials or supervisor of veterans' interment, or as either or both, in any county for a period in the aggregate of two or more years prior to September 1, 1949, such superintendent of soldiers' burials or supervisor of veterans' interment shall be deemed to be a suitable person and may be appointed by the board of chosen freeholders as a supervisor of veterans' interment without any competitive examination. Amended 1942,c.196; 1946,c.229; 1947,c.237; 1948,c.166; 1950,c.150; 1991,c.389,s.12.

N.J. Stat. § 38:17-2.1 Identification of indigent deceased person; determination of veteran status; definitions.

2. The county medical examiner, or a designee, shall be responsible for the positive identification of an unidentified indigent deceased person. The supervisor of veterans' interment or county medical examiner, as appropriate, shall contact the Department of Veterans Affairs upon receipt of an unclaimed indigent deceased person to ascertain the veteran status of the person. The supervisor of veterans' interment or county medical examiner, as appropriate, shall be notified upon determination of the veteran status of the person. If the person was a veteran discharged under conditions other than dishonorable, the supervisor of veterans' interment or county medical examiner, as appropriate, shall cause burial or cremation to occur within 72 hours of notification of veteran status. For the purposes of this section: "Indigent" shall mean a person who has an income that is below 200 percent of the federal poverty level; and "Poverty level" shall mean the official poverty level based on family size established and adjusted under Section 673(2) of Subtitle B. of the federal "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902(2)). L.2013, c.238, s.2; amended 2023, c.17, s.2; 2025, c.139, s.87.

N.J. Stat. § 38:17-3 Restriction as to interment; headstone; definitions.

38:17-3. Any interment provided for by sections 38:17-1 to 38:17-8 of this title shall not be made in any cemetery or plot used exclusively for the burial of pauper dead, but may be made in a county veterans' cemetery or, if appropriate, the Brigadier General William C. Doyle Veterans' Memorial Cemetery or a National Cemetery. The graves of any such deceased indigent veterans discharged under conditions other than dishonorable may be marked by a headstone containing the name of the deceased and, if possible, the organization to which he belonged or in which he served. Such headstone shall be of such design and materials as shall be approved by the governor, adjutant general and quartermaster general. For the purposes of this section: "Indigent" shall mean a person who has an income that is below 200 percent of the federal poverty level; and "Poverty level" shall mean the official poverty level based on family size established and adjusted under Section 673(2) of Subtitle B. of the federal "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902(2)). amended 2013, c.238, s.3; 2023, c.17, s.3.

N.J. Stat. § 38:17-4 Liability for expenses of burial, cremation; exemptions; definitions.

38:17-4. The expense of the burial or cremation and headstone shall be borne and paid by the county in which the deceased shall be resident at the time of death, up to a cost of $250. The State shall provide additional funds for such expenses, if necessary, through an annual appropriation and subject to the availability of funds. The total cost shall not exceed $1,250 for burial or cremation. If in any county there is located a home or other institution for the use, care, shelter and maintenance of such veterans not supported by the county, such county shall not be liable for the burial or cremation expenses and headstones of the deceased, unless the deceased was a bona fide resident of such county at the time of his admission to such home or institution, but the county in which he was resident at the time of his admission to such home or institution shall defray, bear and pay the cost of such burial or cremation and headstones. This section shall apply only to deceased indigent veterans who were discharged under conditions other than dishonorable. For the purposes of this section: "Indigent" shall mean a person who has an income that is below 200 percent of the federal poverty level; and "Poverty level" shall mean the official poverty level based on family size established and adjusted under Section 673(2) of Subtitle B. of the federal "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. s.9902(2)). amended 2013, c.238, s.4; 2023, c.17, s.4.

N.J. Stat. § 38:17-5 Payment of expense; tax levy

The board of chosen freeholders of the several counties shall annually place in the tax levy a sum sufficient for the purposes aforesaid.

N.J. Stat. § 38:17-6 Graves to be in proper condition; headstone; tax levy

If the graves of such veterans mentioned in section 38:17-1 of this title, in any of the counties, shall be in a state of dilapidation or decay, or shall not be marked with headstones, or any county shall not own burial lots in which the bodies of such veterans may be interred, and the board of chosen freeholders shall not have sufficient funds to pay for the burial of such veterans who have died, then such board may place in the tax levy a sum sufficient to repair and place such graves in a decent condition, to place suitable headstones thereon, and to purchase burial lots and pay the cost of interments as provided herein.

N.J. Stat. § 38:17-7 Board may issue bonds to raise funds

If in the judgment of any board of chosen freeholders the amount required for the purposes mentioned in section 38:17-6 of this Title, if placed in the tax levy for one fiscal year, would be too burdensome on the taxpayers of such county, such board may issue bonds to raise the funds to accomplish the purposes aforesaid. Amended by L.1939, c. 24, p. 38, s. 1, eff. March 25, 1939.

N.J. Stat. § 38:17-8 Issuance and sale of bonds; limitation on amount

The bonds mentioned in section 38:17-7 of this Title shall be issued and sold in accordance with Title 40, chapter one, of the Revised Statutes. No board shall issue bonds in excess of one hundred thousand dollars, for the purposes aforesaid. Amended by L.1939, c. 24, p. 39, s. 2, eff. March 25, 1939.

N.J. Stat. § 38:17-9 Graves to be decorated--expense; tax levy

The supervisor of veterans' interment shall annually, on the thirtieth day of May known as Memorial Day or as near to such day as possible decorate, or cause to be decorated with suitable flags the graves in which are interred the bodies of deceased veterans of any war. The expense of carrying out the provisions of this section shall be borne and paid by the county in which such "veterans" are buried. The board of freeholders of the several counties shall annually place in the tax levy a sum sufficient for the purposes herein mentioned. Amended by L.1946, c. 230, p. 840, s. 1, eff. May 1, 1946.

N.J. Stat. § 38:17-10 Municipality may maintain burial place for revolutionary soldiers

The governing body of any municipality may appropriate money for the purpose of maintaining cemetery or burial grounds within the municipality in which the remains of at least ten soldiers of the revolutionary war shall have been interred for a period of at least one hundred years. Such cemetery or burial ground shall not be owned or controlled by any person or corporation deriving a profit from the use thereof.

N.J. Stat. § 38:17-11 Municipality may share expense for care of burial place

The governing body of any such municipality may enter into an agreement with any duly incorporated patriotic, historic or civic society or association for the purpose of co-operating with such society or association or a branch or chapter thereof, for the maintenance and care of such cemetery or burial ground, and to share in the expense thereof to the extent of not exceeding the amount appropriated by the municipality for such purpose. No agreement on the part of any municipality shall be for a term exceeding one year at a time.

N.J. Stat. § 38:17-12 Registration of veterans' graves; distribution of registration records

The Division of Veterans' Services of the Department of Economic Development shall distribute the registration records, formerly maintained by the State service officer, of veterans' graves in each county to the supervisor of veterans' interment in each county. Such records shall be maintained by such supervisor of veterans' interment in a suitable place therefore designated by the board of chosen freeholders by such county. Each of such supervisor of veterans' interment is hereby charged with the duty of keeping the same up-to-date; of assembling, recording, checking, correcting and filing any and all records, charts or maps concerning the location within his county of the places of burial of veterans of all wars; and of using such forms therefore as the Department of Economic Development may prescribe; to the end that there shall be a complete and uniform record of all graves in New Jersey in which veterans are buried and that such records shall always be kept up-to-date. L.1945, c. 201, p. 695, s. 1. Amended by L.1946, c. 233, p. 844, s. 1, eff. May 1, 1946.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026