As Reported by House Local Government and Townships Committee 1
123rd General Assembly 4
Regular Session Sub. 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-DISTEL-ROMAN- 10
KRUPINSKI-SULLIVAN-HARRIS-BENDER-VERICH-CAREY-EVANS-ALLEN 11
_________________________________________________________________ 12
A B I L L
To amend sections 1721.21, 1721.211, 3705.17, 14
4767.01, 4767.03, 4767.04, and 4767.08 of the 15
Revised Code to exempt certain political 16
subdivisions from the requirement of paying a 17
cemetery registration fee, to make changes to the
law governing fees for the issuance of burial 18
permits, to revise the permissible uses of 19
dividend and interest income from cemetery
endowment care trusts, to exempt family 20
cemeteries from the requirement of maintaining an
endowment care trust, to revise the depository 23
requirements for sellers of preneed cemetery
merchandise and services contracts, and to 24
generally exempt cemeteries owned and operated by 25
fraternal organizations, municipal corporations, 26
or other political subdivisions of the state, and 27
national and family cemeteries, from the 28
requirements pertaining to preneed cemetery
merchandise and services contracts. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 1721.21, 1721.211, 3705.17, 33
4767.01, 4767.03, 4767.04, and 4767.08 of the Revised Code be 35
amended to read as follows: 36
2
Sec. 1721.21. (A) As used in this section: 45
(1) "Person" means any corporation, company, partnership, 47
individual, or other entity owning or operating a cemetery for 48
the disposition of human remains. 49
(2) "Cemetery" means any one or a combination of more than 51
one of the following: 52
(a) A burial ground for earth interments; 54
(b) A mausoleum for crypt entombments; 56
(c) A columbarium for the deposit of cremated remains; 58
(d) A scattering ground for the spreading of cremated 60
remains. 61
(3) "Interment" means the disposition of human remains by 63
earth burial, entombment, or inurnment. 64
(4) "Burial right" means the right of earth interment. 66
(5) "Entombment right" means the right of entombment in a 68
mausoleum. 69
(6) "Columbarium right" means the right of inurnment in a 71
columbarium for cremated remains. 72
(B) No person shall operate or continue to operate any 74
cemetery in Ohio THIS STATE unless an endowment care trust is 75
established and maintained as required by this section. 77
(C) Any person desiring to operate any cemetery that is 80
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 81
or columbarium right in that cemetery, shall first establish an 83
endowment care trust, segregated from other assets, and place in 85
that fund a minimum of fifty thousand dollars in cash or in bonds 86
of the United States, this state, or any county or municipal 87
corporation of this state. 88
Whenever any person described in this division has placed 90
another fifty thousand dollars in the endowment care trust out of 92
gross sales proceeds, in addition to the deposit required by this 94
division, that person, after submitting proof of this fact to the 96
trustees of the endowment care trust, may be paid a distribution 97
3
in the sum of fifty thousand dollars from the endowment care 98
trust. 99
(D) Any person desiring to operate or to continue to 101
operate any cemetery after July 1, 1970, shall place into the 102
endowment care trust as required by this section not less than 104
ten per cent of the gross sales proceeds received from the sale 105
of any burial lot, burial right, entombment right, or columbarium 106
right. This percentage shall be placed in the endowment care 107
trust no later than thirty days following the month in which the 109
entire gross sales are received.
(E) The trustees of the endowment care trust shall consist 113
of at least three individuals who have been residents of the 114
county in which the cemetery is located for at least one year, or 115
a trust company licensed under Chapter 1111. of the Revised Code 116
or a national bank or federal savings association that has 117
securities pledged in accordance with section 1111.04 of the 118
Revised Code. If a person or entity other than THE TRUSTEES ARE 120
NOT a financial institution is designated as trustee, the person 122
or entity OR TRUST COMPANY, THE TRUSTEES shall be bonded by a 123
corporate surety OR FIDELITY bond in an AGGREGATE amount OF not 124
less than one hundred per cent of the funds held by the trustee 126
TRUSTEES. The trustee TRUSTEES or its THEIR agent shall, on a 128
continuous basis, keep exact records as to the amount of funds 129
under any joint account or trust instrument being held for the 130
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 131
The funds of the endowment care trust shall be held and 133
invested in the manner in which trust funds are permitted to be 134
held and invested pursuant to sections 2109.37 and 2109.371 of 135
the Revised Code. 136
(F) Any person offering to sell or selling any burial lot, 138
burial right, entombment right, or columbarium right shall give 139
to the purchaser of the lot or right, at the time of sale, a 140
written agreement that identifies and unconditionally guarantees 142
4
to the purchaser the specific location of the lot or the specific
location to which the right applies. 143
(G) No person shall open or close any grave, crypt, or 146
niche for the interment of human remains in a cemetery without 147
the permission of the cemetery association or other entity having 148
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 151
this section does not apply to A FAMILY CEMETERY AS DEFINED IN 152
SECTION 4767.02 OF THE REVISED CODE, TO any cemetery that is 153
owned and operated entirely and exclusively by churches,
religious societies, established fraternal organizations, 154
municipal corporations, or other political subdivisions of the 155
state, or to a national cemetery. 157
(I) The dividend and interest income from the endowment 160
care trust shall be used only FOR THE COST AND EXPENSES INCURRED 161
TO ESTABLISH, MANAGE, AND ADMINISTER THE TRUST AND for the 162
maintenance, supervision, improvement, and preservation of the 163
grounds, lots, buildings, equipment, statuary, and other real and 164
personal property of the cemetery.
(J)(1) Annual reports of all the assets and investments of 167
the endowment care trust shall be prepared and maintained, and 168
shall be available for inspection at reasonable times by any 169
owner of interment rights in the cemetery. 170
(2) Every cemetery required to establish and maintain an 173
endowment care trust shall file an affidavit annually with the
division of real estate of the department of commerce, in a form 175
prescribed by the division, certifying under oath each of the
following: 176
(a) That the cemetery has deposited, at the time specified 179
in division (D) of this section, the amounts required by that 180
division in the cemetery's endowment care trust; 181
(b) That only dividend and interest income have been paid 184
from the endowment care trust, and the cemetery used the amounts 185
withdrawn only for the purposes specified in division (I) of this 187
5
section;
(c) That all principal and capital gains have remained in 190
the endowment care trust;
(d) That the endowment care trust has not been used to 193
collateralize or guarantee loans and has not otherwise been 194
subjected to any consensual lien;
(e) That the endowment care trust is invested in 197
compliance with the investing standards set forth in sections 198
2109.37 and 2109.371 of the Revised Code. 199
Sec. 1721.211. (A) As used in this section, "preneed 208
cemetery merchandise and services contract" means a written 210
agreement, contract, or series of contracts to sell or otherwise 211
provide an outer burial container, monument, marker, urn, other 213
type of merchandise customarily sold by cemeteries, or opening 215
and closing services to be used or provided in connection with 216
the final disposition of a dead human body, where payment for the 217
container, monument, marker, urn, other type of merchandise 218
customarily sold by cemeteries, or opening and closing services 219
is made either outright or on an installment basis, prior to the 220
death of the person so purchasing or for whom so purchased. 221
"Preneed cemetery merchandise and services contract" does not 223
include any preneed funeral contract or any agreement, contract, 224
or series of contracts pertaining to the sale of any burial lot, 225
burial or interment right, entombment right, or columbarium right 226
with respect to which an endowment care fund TRUST is established 227
or is exempt from establishment pursuant to section 1721.21 of 229
the Revised Code.
(B) Subject to the limitations and restrictions contained 231
in Chapters 1101. to 1127. of the Revised Code, a trust company 233
licensed under Chapter 1111. of the Revised Code or a national 234
bank or federal savings association that pledges securities in 236
accordance with section 1111.04 of the Revised Code or the
individuals described in division (C)(2) of this section have the 238
power as trustee to receive and to hold and invest in accordance 239
6
with sections 2109.37 and 2109.371 of the Revised Code moneys 240
under a preneed cemetery merchandise and services contract. 242
(C)(1) The greater of one hundred ten per cent of the 245
seller's actual cost or thirty per cent of the seller's retail
price of the merchandise and seventy per cent of the seller's 246
retail price of the services to be provided under a preneed 247
cemetery merchandise and services contract shall remain intact as 249
a fund until the death of the person for whose benefit the 250
contract is made or the merchandise is delivered as set forth in 253
division (K) of this section. However, any moneys held pursuant 254
to this section shall be released upon demand of the person for 255
whose benefit the contract was made or upon the demand of the 256
seller for its share of the moneys held and earned interest if 258
the contract has been canceled as set forth in division (G) of 259
this section.
(2) The trustee of the fund described in division (C)(1) 262
of this section shall be a trust company licensed under Chapter 263
1111. of the Revised Code or a national bank or federal savings
association that pledges securities in accordance with section 265
1111.04 of the Revised Code or at least three individuals who 267
have been residents of the county in which the seller is located 268
for at least one year, each of whom shall be bonded by a 269
corporate surety in an amount that is at least equal to the
amount deposited in the fund of which those persons serve as 271
trustee. Amounts in the fund shall be held and invested in the 273
manner in which trust funds are permitted to be held and invested
pursuant to sections 2109.37 and 2109.371 of the Revised Code. 275
(D) Within thirty days after the last business day of the 278
month in which the seller of cemetery merchandise or services 280
receives final contractual payment under a preneed cemetery 281
merchandise and services contract, the seller shall deliver the 284
greater of one hundred ten per cent of the seller's actual cost
or thirty per cent of the seller's retail price of the 286
merchandise and seventy per cent of the seller's current retail 287
7
price of the services as of the time the final contractual 288
payment is received DATE OF THE CONTRACT to a trustee or to 289
trustees as described in division (C)(2) of this section, and the 290
moneys and accruals or income on the moneys shall be held in a 292
fund and designated for the person for whose benefit the fund was 293
established as a preneed cemetery merchandise and services 295
contract fund. 296
(E) The moneys received from more than one preneed 298
cemetery merchandise and services contract may, at the option of 300
the persons for whose benefit the contracts are made, be placed 301
in a common or pooled trust fund in this state under a single 302
trust instrument. If three individuals are designated as the 304
trustees as provided in division (C)(2) of this section, they 305
shall be bonded by a corporate surety OR FIDELITY bond in an 306
AGGREGATE amount OF not less than one hundred per cent of the 308
funds held by them as trustees. The trustee TRUSTEES or its 309
THEIR agent shall, on a continuous basis, keep exact records as 310
to the amount of funds under a single trust instrument being held 312
for the individual beneficiaries showing the amount paid, the
amount deposited and invested, and accruals and income. 313
(F) The seller of merchandise or services under a preneed 316
cemetery merchandise and services contract shall annually submit 317
to the division of real estate of the department of commerce an 318
affidavit in a form prescribed by the division, sworn under oath, 320
specifying each of the following:
(1) That, within the time specified in division (D) of 323
this section, the amounts required by that division were 324
deposited in an appropriate fund; 325
(2) That the fund has not been used to collateralize or 328
guarantee loans and has not otherwise been subjected to any
consensual lien; 329
(3) That the fund is invested in compliance with the 331
investing standards set forth in sections 2109.37 and 2109.371 of 333
the Revised Code;
8
(4) That no moneys have been removed from the fund, except 336
as provided for in this section.
(G) This division is subject to division (I) of this 338
section. 339
Any person upon initially entering into a preneed cemetery 342
merchandise and services contract may, within seven days, cancel 343
the contract and request and receive from the seller one hundred 344
per cent of all payments made under the contract. After the 345
expiration of the above period, any person who has entered into a 346
preneed cemetery merchandise and services contract may, on not 348
less than fifteen days' notice, cancel the contract and request 349
and receive from the seller sixty per cent of the payments made 350
under the contract which have been paid up to the time of 351
cancellation; except that, if a preneed cemetery merchandise and 352
services contract stipulates a firm or fixed or guaranteed price 354
for the merchandise or services for future use at a time 355
determined by the death of the person on behalf of whom payments 356
are made, the person who has entered into the contract may, if 357
the merchandise has not been delivered or the services have not 359
been performed as set forth in division (K) or (L) of this 360
section, on not less than fifteen days' notice, cancel the 361
contract and receive from the seller sixty per cent of the 362
principal paid pursuant to the contract and not less than eighty 365
per cent of any interest paid, up to the time of cancellation, 366
and not less than eighty per cent of any accrual or income earned 367
while the moneys have been held pursuant to divisions (C) and (D) 368
of this section, up to the time of cancellation. Upon 369
cancellation, after the moneys have been distributed to the 370
beneficiary pursuant to this division, all remaining moneys being 371
held pursuant to divisions (C) and (D) of this section shall be 373
paid to the seller. If more than one person enters into the 374
contract, all of those persons must request cancellation for it 375
to be effective under this division. In such a case, the seller 376
shall refund to each person only those moneys that each person 377
9
has paid under the contract.
(H) Upon receipt of a certified copy of the certificate of 379
death or evidence of delivery of the merchandise or performance 381
of the services pursuant to division (K) or (L) of this section, 382
the trustee described in division (C)(2) of this section or its 384
agent, shall forthwith pay the fund and accumulated interest, if 386
any, to the person entitled to them under the preneed cemetery 388
merchandise and services contract. The payment of the fund and 389
accumulated interest pursuant to this section, either to a seller 390
or person making the payments, shall relieve the trustee of any 393
further liability on the fund or accumulated interest.
(I) Notwithstanding any other provision of this section, 395
any preneed cemetery merchandise and services contract may 396
specify that it is irrevocable. All irrevocable preneed cemetery 398
merchandise and services contracts shall include a clear and 399
conspicuous disclosure of irrevocability in the contract and any 400
person entering into an irrevocable preneed cemetery merchandise
and services contract shall sign a separate acknowledgment of the 401
person's waiver of the right to revoke. If a contract satisfies 402
the requirements of this division, division (G) of this section 403
does not apply to that contract. 404
(J) Any preneed cemetery merchandise and services contract 407
that involves the payment of money shall be in writing and in 408
compliance with the laws and rules of this state. 409
(K) For purposes of this section, the seller is considered 412
to have delivered merchandise pursuant to a preneed cemetery 414
merchandise and services contract when either of the following 415
occur:
(1) The seller makes actual delivery of the merchandise to 418
the beneficiary, or the seller pays for the merchandise and
identifies it as being stored for the benefit of the beneficiary 420
at a manufacturer's warehouse;. 421
(2) The seller receives delivery of the merchandise on 424
behalf of the beneficiary, and all of the following occur: 425
10
(a) The merchandise is permanently affixed to or stored 428
upon the real property of a cemetery located in this state. 429
(b) The seller notifies the beneficiary of receipt of the 431
merchandise and identifies the specific location of the 432
merchandise. 433
(c) The seller at the time of the beneficiary's final 435
payment provides the beneficiary with evidence of ownership in 436
the beneficiary's name showing the merchandise to be free and 438
clear of any liens or other encumbrances. 439
(L) For purposes of this section, a seller is considered 441
to have performed services pursuant to a preneed cemetery 442
merchandise and services contract when the beneficiary's next of 443
kin signs a written statement that the services have been 444
performed or, if no next of kin of the beneficiary can be located 445
through reasonable diligence, when the owner or other person 446
responsible for the operation of the cemetery signs a statement 447
of that nature.
(M) Notwithstanding any other provision of this chapter, 449
any trust may be charged a trustee's fee, which is to be deducted 450
from the earned income or accruals on that trust. The fee shall 451
not exceed the amount that is regularly or usually charged for 452
similar services rendered by the trustee described in division 454
(C)(2) of this section when serving as a trustee. 455
(N) The general assembly intends that this section be 457
construed as a limitation upon the manner in which a person is 458
permitted to accept moneys in prepayment for merchandise and 460
services to be delivered or provided in the future, or 461
merchandise and services to be used or provided in connection 463
with the final disposition of human remains, to the end that at 464
all times members of the public may have an opportunity to 465
arrange and pay for merchandise and services for themselves and 467
their families in advance of need while at the same time
providing all possible safeguards whereunder the prepaid moneys 468
cannot be dissipated, whether intentionally or not, so as to be 469
11
available for the payment for merchandise and services and the 471
providing of merchandise and services used or provided in 473
connection with the final disposition of dead human bodies. 474
(O) This section does not apply when TO the seller or 476
provider of merchandise or services under a preneed cemetery 478
merchandise and services contract is IF THE CONTRACT PERTAINS TO 479
A CEMETERY THAT IS OWNED AND OPERATED ENTIRELY AND EXCLUSIVELY BY 480
an established and legally cognizable church or denomination that 482
is exempt from federal income taxation under section 501(c)(3) of 483
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 484
preneed cemetery merchandise and services contract pertains to a 485
cemetery that is owned and operated entirely and exclusively by 486
the church or denomination AN ESTABLISHED FRATERNAL ORGANIZATION, 488
OR A MUNICIPAL CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE 489
STATE, TO A CEMETERY THAT IS A NATIONAL CEMETERY, OR TO A 490
CEMETERY THAT IS A FAMILY CEMETERY AS DEFINED IN SECTION 4767.02 491
OF THE REVISED CODE; provided that the church or denomination 492
adopts, on a voluntary basis, rules and other measures ARE 493
ADOPTED to safeguard and secure all moneys received under a 495
preneed cemetery merchandise and services contract. 496
(P) This section does not prohibit persons other than 498
cemetery corporations or associations from selling outer burial 499
containers, monuments, markers, urns, or other types of 501
merchandise customarily sold by cemeteries pursuant to a preneed 502
cemetery merchandise and services contract; however all sellers 503
of merchandise pursuant to a preneed cemetery merchandise and 504
services contract shall comply with this section unless the
seller is specifically exempt from this section. 505
(Q) Any contract for preneed services or merchandise 507
entered into with a cemetery not registered under section 4767.03 508
of the Revised Code is voidable. 509
Sec. 3705.17. The body of a person whose death occurs in 518
Ohio THIS STATE shall not be interred, deposited in a vault or 519
tomb, cremated, or otherwise disposed of by a funeral director 521
12
until a burial permit is issued by a local registrar or 522
sub-registrar of vital statistics. No such permit shall be 523
issued by a local registrar or sub-registrar until a satisfactory 524
death, fetal death, or provisional death certificate is filed 525
with the local registrar or sub-registrar. When the medical 527
certification as to the cause of death cannot be provided by the 528
attending physician or coroner prior to burial, for sufficient 529
cause, as determined by rule of the director of health, the 530
funeral director may file a provisional death certificate with 531
the local registrar or sub-registrar for the purpose of securing 532
a burial or burial-transit permit. When the funeral director 533
files a provisional death certificate to secure a burial or 534
burial-transit permit, such THE funeral director shall file a 536
satisfactory and complete death certificate within five days 537
after the date of death. The director OF HEALTH, by rule, may
provide additional time for filing a satisfactory death 539
certificate. A burial permit authorizing cremation shall not be 540
issued upon the filing of a provisional certificate of death. 541
When a funeral director or other person obtains a burial 543
permit from a local registrar or sub-registrar, the registrar or 544
sub-registrar shall charge a fee of two THREE dollars and fifty 546
cents for the issuance of a THE burial permit. Two dollars AND 547
FIFTY CENTS of each fee collected for a burial permit shall be 549
paid into the state treasury to the credit of the division of 550
real estate in the department of commerce to be used by the 551
division of real estate in discharging its duties prescribed in 552
Chapter 4767. of the Revised Code and the Ohio cemetery dispute 553
resolution commission created by section 4767.05 of the Revised 554
Code. A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS 555
OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS 556
SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE 557
FREQUENTLY, IF POSSIBLE. The director of health shall, by rule, 558
SHALL provide for the issuance of a burial permit without the 560
payment of the fee required by this section if the total cost of 561
13
the burial will be paid by an agency or instrumentality of the 562
United States, the state or a state agency, or a political 563
subdivision of the state.
The director of commerce may by rule adopted in accordance 565
with Chapter 119. of the Revised Code reduce the total amount of 566
the fee required by this section and that portion of the amount 567
of the fee required to be paid to the credit of the division of 568
real estate for the use of the division and the Ohio cemetery 569
dispute resolution commission, if the director determines that 571
the total amount of funds the fee is generating at the amount 572
required by this section exceeds the amount of funds the division 573
of real estate and the commission need to carry out their powers 575
and duties prescribed in Chapter 4767. of the Revised Code. 576
No person in charge of any premises in which interments or 578
cremations are made shall inter or cremate or otherwise dispose 579
of a body, unless it is accompanied by a burial permit. Each 580
person in charge of a cemetery, crematory, or other place of 581
disposal, shall indorse upon the A burial permit the date of 583
interment, cremation, or other disposal and shall retain such 584
permits for a period of at least five years. The person in 586
charge shall keep an accurate record of all interments, 587
cremations, or other disposal of dead bodies, made in the 588
premises under the person's charge, stating the name of the
deceased person, place of death, date of burial, cremation, or 590
other disposal, and name and address of the funeral director. 591
Such record shall at all times be open to public inspection. 592
Sec. 4767.01. As used in sections 4767.01 to 4767.08 of 601
the Revised Code: 602
(A) "Cemetery," "interment," "burial right," "entombment 604
right," and "columbarium right" have the same meanings as in 606
section 1721.21 of the Revised Code. 607
(B) "Political subdivision" has the same meaning as in 609
section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL 611
CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC 612
14
AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF 613
THIS STATE.
(C) "Division of real estate" may be used interchangeably 616
with, and for all purposes has the same meaning as, "division of 617
real estate and professional licensing." 618
(D) "Superintendent" or "superintendent of the division of 621
real estate" means the superintendent of the division of real 622
estate and professional licensing of this state. Whenever the 623
division or superintendent of real estate is referred to or 624
designated in any statute, rule, contract, or other document, the 625
reference or designation shall be deemed to refer to the division 626
or superintendent of real estate and professional licensing, as 627
the case may be. 628
Sec. 4767.03. (A)(1) The owner or the person responsible 637
for the operation and maintenance of a cemetery shall apply to 638
the division of real estate in the department of commerce to 639
register the cemetery on forms prescribed by the division. With 640
the application, the applicant shall submit such THE 641
documentation as required in division (A) of section 4767.04 of 643
the Revised Code and a registration fee of twenty-five dollars 644
for one cemetery, forty dollars for two cemeteries, and fifty 645
dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE 646
REQUIRED OF ANY POLITICAL SUBDIVISION. 647
(2) The director of commerce, by rule adopted in 649
accordance with Chapter 119. of the Revised Code, may reduce the 650
amount of the registration fee required by this section in any 651
year if the director determines that the total amount of funds 653
the fee is generating at the amount specified by this section 654
exceeds the amount of funds the division of real estate and the 655
Ohio cemetery dispute resolution commission created by section 656
4767.05 of the Revised Code need to carry out their powers and 658
duties under this chapter. If the director so reduces the amount 659
of the registration fee, the director shall reduce it for all 660
owners or other persons required to pay the fee under division 662
15
(A)(1) of this section and shall require that the reduced fee be 663
paid according to the number of cemeteries owned, operated, or 664
maintained as required under that division. If the director has 665
reduced the fee under division (A)(2) of this section, the 666
director may later raise it up to the amounts specified in 668
division (A)(1) of this section if, in any year, the director 669
determines that the total amount of funds the fee is generating 671
at the reduced amount is insufficient for the division of real 672
estate and the Ohio cemetery dispute resolution commission to 673
carry out their powers and duties under this chapter. 675
(B) Upon receipt of the completed application form, 677
documentation, and, IF REQUIRED, registration fee, the division 679
of real estate shall issue a certificate of registration to the 680
applicant. The applicant shall display the certificate in a 681
conspicuous place on the premises of the cemetery for which the 682
registration was obtained, except that, if the applicant is the 683
legislative authority GOVERNING BODY of a political subdivision 684
or person acting on behalf of that authority GOVERNING BODY, the 686
certificate shall be kept on file and BE available for public 688
inspection at the office of the legislative authority GOVERNING 689
BODY.
(C) Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 691
EACH registration issued pursuant to this section shall expire 693
annually on the thirtieth day of June and may be renewed. The 694
renewal fee shall be the same as the initial registration fees 695
prescribed in division (A) of this section.
THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A 697
POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL 698
SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY. A 699
POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT 700
REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY 701
UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER
DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS 703
ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY. 704
16
(D) All registration and renewal fees collected pursuant 706
to this section shall be paid into the state treasury to the 707
credit of the division of real estate in the department of 708
commerce to be used by the division to carry out its powers and 709
duties under this chapter and by the Ohio cemetery dispute 710
resolution commission created by section 4767.05 of the Revised 712
Code. 713
Sec. 4767.04. (A) To qualify a cemetery for a certificate 722
of registration, the applicant shall submit to the division of 723
real estate the following information: 724
(1) The name of the cemetery; 726
(2) The street address, city, village, or township, and 728
county where the cemetery is located, and the mailing address if 729
different from the street address; 730
(3) The name and address of the person who owns the 732
cemetery; 733
(4) The name and address of the person responsible for the 735
operation and maintenance of the cemetery; 736
(5) A copy of the most recent annual report of the 738
cemetery if required by the Ohio DIVISION OF real estate 739
commission pursuant to section 1721.211 of the Revised Code OR IF 741
REQUIRED BY THE OHIO CEMETERY DISPUTE RESOLUTION COMMISSION. If 742
the cemetery is owned by a cemetery company or association, a 743
copy of the annual report for the previous year of all of the 744
assets and investments of the endowment care funds TRUST of the 745
COMPANY OR association as prepared pursuant to section 1721.21 of 747
the Revised Code shall be submitted to the division. 748
(B) If any of the information required in division (A) of 750
this section changes at any time, the person responsible for the 751
operation and maintenance of the cemetery shall submit written 752
notification of the change to the division within thirty days of 753
the change occurring. 754
(C) IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH 756
IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL 757
17
SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE 758
SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING 759
OR INTENDS TO OPEN A NEW CEMETERY, ITS GOVERNING BODY SHALL 760
NOTIFY THE DIVISION AT LEAST THIRTY DAYS BEFORE THE ACQUISITION 761
OR OPENING TO RENEW THE REGISTRATION OF THE EXISTING CEMETERY OR 762
TO REGISTER THE NEW CEMETERY.
Sec. 4767.08. (A) The OHIO cemetery dispute resolution 771
commission, on its own motion or as a result of a complaint 772
received pursuant to section 4767.07 of the Revised Code and with 773
good cause shown, shall investigate or cause to be investigated 774
alleged violations of sections 1721.19, 1721.20, 1721.21, 775
1721.211, 4735.02, 4735.22, and 4765.03 4767.03 of the Revised 776
Code. If the commission or the superintendent of the division of 778
real estate in the department of commerce believes that a 779
violation has occurred, the commission or superintendent shall do 780
all of the following: 781
(1) Review the financial records of the cemetery to ensure 783
compliance with sections 1721.21 and 1721.211 of the Revised 784
Code;
(2) Request the prosecuting attorney of the county in 787
which the alleged violation occurred to initiate such proceedings 788
as are appropriate.
(B) If, as a result of an investigation, the commission or 790
the superintendent believes that a person has violated Chapter 791
1345. of the Revised Code, the commission or superintendent shall 792
report the findings to the attorney general. 793
(C) The commission, at any time, may dismiss a complaint 795
if it determines there is not good cause shown for the complaint. 796
If the commission dismisses a complaint, it shall notify the 797
person who filed the complaint within twenty days of reaching its 798
decision and identify the reason why the complaint was dismissed. 799
(D) When necessary for the division of real estate in the 801
department of commerce to perform the duties required by sections 802
4767.07 and 4767.08 of the Revised Code, the superintendent of 803
18
the division, after consultation with at least a majority of the 804
members of the cemetery dispute resolution commission, may issue 806
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 807
Section 2. That existing sections 1721.21, 1721.211, 809
3705.17, 4767.01, 4767.03, 4767.04, and 4767.08 of the Revised 811
Code are hereby repealed. 812