As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 531    5            

      1999-2000                                                    6            


      REPRESENTATIVES HOLLISTER-SCHULER-METZGER-D. MILLER-         9            

     VAN VYVEN-HARTNETT-CLANCY-GRENDELL-REDFERN-WILLAMOWSKI-                    

   NETZLEY-TERWILLEGER-TAYLOR-PETERSON-SMITH-BUEHRER-BRITTON-      10           

          DISTEL-ROMAN-KRUPINSKI-SULLIVAN-HARRIS-BENDER            11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 3705.17, 4767.01, 4767.03, and      14           

                4767.04 of the Revised Code to exempt certain      15           

                political subdivisions from the requirement of     16           

                paying a cemetery registration fee and to make                  

                changes to the law governing fees for the          17           

                issuance of burial permits.                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 3705.17, 4767.01, 4767.03, and     21           

4767.04 of the Revised Code be amended to read as follows:         23           

      Sec. 3705.17.  The body of a person whose death occurs in    32           

Ohio THIS STATE shall not be interred, deposited in a vault or     33           

tomb, cremated, or otherwise disposed of by a funeral director     35           

until a burial permit is issued by a local registrar or            36           

sub-registrar of vital statistics.  No such permit shall be        37           

issued by a local registrar or sub-registrar until a satisfactory  38           

death, fetal death, or provisional death certificate is filed      39           

with the local registrar or sub-registrar.  When the medical       41           

certification as to the cause of death cannot be provided by the   42           

attending physician or coroner prior to burial, for sufficient     43           

cause, as determined by rule of the director of health, the        44           

funeral director may file a provisional death certificate with     45           

the local registrar or sub-registrar for the purpose of securing   46           

a burial or burial-transit permit.  When the funeral director      47           

                                                          2      


                                                                 
files a provisional death certificate to secure a burial or        48           

burial-transit permit, such THE funeral director shall file a      50           

satisfactory and complete death certificate within five days       51           

after the date of death.  The director OF HEALTH, by rule, may                  

provide additional time for filing a satisfactory death            53           

certificate.  A burial permit authorizing cremation shall not be   54           

issued upon the filing of a provisional certificate of death.      55           

      When a funeral director or other person obtains a burial     57           

permit from a local registrar or sub-registrar, the registrar or   58           

sub-registrar shall charge a fee of two THREE dollars and fifty    60           

cents for the issuance of a THE burial permit.  Two dollars AND    61           

FIFTY CENTS of each fee collected for a burial permit shall be     63           

paid into the state treasury to the credit of the division of      64           

real estate in the department of commerce to be used by the        65           

division of real estate in discharging its duties prescribed in    66           

Chapter 4767. of the Revised Code and the Ohio cemetery dispute    67           

resolution commission created by section 4767.05 of the Revised    68           

Code.  A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS  69           

OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS     70           

SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE     71           

FREQUENTLY, IF POSSIBLE.  The director of health shall, by rule,   72           

SHALL provide for the issuance of a burial permit without the      74           

payment of the fee required by this section if the total cost of   75           

the burial will be paid by an agency or instrumentality of the     76           

United States, the state or a state agency, or a political         77           

subdivision of the state.                                                       

      The director of commerce may by rule adopted in accordance   79           

with Chapter 119. of the Revised Code reduce the total amount of   80           

the fee required by this section and that portion of the amount    81           

of the fee required to be paid to the credit of the division of    82           

real estate for the use of the division and the Ohio cemetery      83           

dispute resolution commission, if the director determines that     85           

the total amount of funds the fee is generating at the amount      86           

required by this section exceeds the amount of funds the division  87           

                                                          3      


                                                                 
of real estate and the commission need to carry out their powers   89           

and duties prescribed in Chapter 4767. of the Revised Code.        90           

      No person in charge of any premises in which interments or   92           

cremations are made shall inter or cremate or otherwise dispose    93           

of a body, unless it is accompanied by a burial permit.  Each      94           

person in charge of a cemetery, crematory, or other place of       95           

disposal, shall indorse upon the A burial permit the date of       97           

interment, cremation, or other disposal and shall retain such      98           

permits for a period of at least five years.  The person in        100          

charge shall keep an accurate record of all interments,            101          

cremations, or other disposal of dead bodies, made in the          102          

premises under the person's charge, stating the name of the                     

deceased person, place of death, date of burial, cremation, or     104          

other disposal, and name and address of the funeral director.      105          

Such record shall at all times be open to public inspection.       106          

      Sec. 4767.01.  As used in sections 4767.01 to 4767.08 of     115          

the Revised Code:                                                  116          

      (A)  "Cemetery," "interment," "burial right," "entombment    118          

right," and "columbarium right" have the same meanings as in       120          

section 1721.21 of the Revised Code.                               121          

      (B)  "Political subdivision" has the same meaning as in      123          

section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL    125          

CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC     126          

AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF     127          

THIS STATE.                                                                     

      (C)  "Division of real estate" may be used interchangeably   130          

with, and for all purposes has the same meaning as, "division of   131          

real estate and professional licensing."                           132          

      (D)  "Superintendent" or "superintendent of the division of  135          

real estate" means the superintendent of the division of real      136          

estate and professional licensing of this state.  Whenever the     137          

division or superintendent of real estate is referred to or        138          

designated in any statute, rule, contract, or other document, the  139          

reference or designation shall be deemed to refer to the division  140          

                                                          4      


                                                                 
or superintendent of real estate and professional licensing, as    141          

the case may be.                                                   142          

      Sec. 4767.03.  (A)(1)  The owner or the person responsible   151          

for the operation and maintenance of a cemetery shall apply to     152          

the division of real estate in the department of commerce to       153          

register the cemetery on forms prescribed by the division.  With   154          

the application, the applicant shall submit such THE               155          

documentation as required in division (A) of section 4767.04 of    157          

the Revised Code and a registration fee of twenty-five dollars     158          

for one cemetery, forty dollars for two cemeteries, and fifty      159          

dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE  160          

REQUIRED OF ANY POLITICAL SUBDIVISION.                             161          

      (2)  The director of commerce, by rule adopted in            163          

accordance with Chapter 119. of the Revised Code, may reduce the   164          

amount of the registration fee required by this section in any     165          

year if the director determines that the total amount of funds     167          

the fee is generating at the amount specified by this section      168          

exceeds the amount of funds the division of real estate and the    169          

Ohio cemetery dispute resolution commission created by section     170          

4767.05 of the Revised Code need to carry out their powers and     172          

duties under this chapter.  If the director so reduces the amount  173          

of the registration fee, the director shall reduce it for all      174          

owners or other persons required to pay the fee under division     176          

(A)(1) of this section and shall require that the reduced fee be   177          

paid according to the number of cemeteries owned, operated, or     178          

maintained as required under that division.  If the director has   179          

reduced the fee under division (A)(2) of this section, the         180          

director may later raise it up to the amounts specified in         182          

division (A)(1) of this section if, in any year, the director      183          

determines that the total amount of funds the fee is generating    185          

at the reduced amount is insufficient for the division of real     186          

estate and the Ohio cemetery dispute resolution commission to      187          

carry out their powers and duties under this chapter.              189          

      (B)  Upon receipt of the completed application form,         191          

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documentation, and, IF REQUIRED, registration fee, the division    193          

of real estate shall issue a certificate of registration to the    194          

applicant.  The applicant shall display the certificate in a       195          

conspicuous place on the premises of the cemetery for which the    196          

registration was obtained, except that, if the applicant is the    197          

legislative OR OTHER GOVERNING authority of a political            198          

subdivision or person acting on behalf of that authority, the      200          

certificate shall be kept on file and BE available for public      201          

inspection at the office of the legislative OR OTHER GOVERNING     202          

authority.                                                                      

      (C)  Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,     204          

EACH registration issued pursuant to this section shall expire     206          

annually on the thirtieth day of June and may be renewed.  The     207          

renewal fee shall be the same as the initial registration fees     208          

prescribed in division (A) of this section.                                     

      THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A  210          

POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL        211          

SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY.  A        212          

POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT  213          

REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY      214          

UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER                      

DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS      216          

ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY.  217          

      (D)  All registration and renewal fees collected pursuant    219          

to this section shall be paid into the state treasury to the       220          

credit of the division of real estate in the department of         221          

commerce to be used by the division to carry out its powers and    222          

duties under this chapter and by the Ohio cemetery dispute         223          

resolution commission created by section 4767.05 of the Revised    225          

Code.                                                              226          

      Sec. 4767.04.  (A)  To qualify a cemetery for a certificate  235          

of registration, the applicant shall submit to the division of     236          

real estate the following information:                             237          

      (1)  The name of the cemetery;                               239          

                                                          6      


                                                                 
      (2)  The street address, city, village, or township, and     241          

county where the cemetery is located, and the mailing address if   242          

different from the street address;                                 243          

      (3)  The name and address of the person who owns the         245          

cemetery;                                                          246          

      (4)  The name and address of the person responsible for the  248          

operation and maintenance of the cemetery;                         249          

      (5)  A copy of the most recent annual report of the          251          

cemetery if required by the Ohio real estate commission pursuant   252          

to section 1721.211 of the Revised Code.  If the cemetery is       253          

owned by a cemetery company or association, a copy of the annual   254          

report for the previous year of all of the assets and investments  255          

of the endowment care funds of the COMPANY OR association as       256          

prepared pursuant to section 1721.21 of the Revised Code shall be  257          

submitted to the division.                                         258          

      (B)  If any of the information required in division (A) of   260          

this section changes at any time, the person responsible for the   261          

operation and maintenance of the cemetery shall submit written     262          

notification of the change to the division within thirty days of   263          

the change occurring.                                              264          

      (C)  IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH    266          

IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL           267          

SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE     268          

SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING  269          

OR INTENDS TO OPEN A NEW CEMETERY, ITS LEGISLATIVE OR OTHER        270          

GOVERNING AUTHORITY SHALL NOTIFY THE DIVISION AT LEAST THIRTY      271          

DAYS BEFORE THE ACQUISITION OR OPENING TO RENEW THE REGISTRATION   272          

OF THE EXISTING CEMETERY OR TO REGISTER THE NEW CEMETERY.                       

      Section 2.  That existing sections 3705.17, 4767.01,         274          

4767.03, and 4767.04 of the Revised Code are hereby repealed.      276