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
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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
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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
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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
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(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