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