As Passed by the House 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
SCHURING-WILSON-BRADING-BUCHY-LOGAN-TIBERI-O'BRIEN-HOOPS- 12
WINKLER-STAPLETON-VESPER-A. CORE-DAMSCHRODER-STEVENS 13
_________________________________________________________________ 14
A B I L L
To amend sections 1721.21, 1721.211, 3705.17, 16
4767.01, 4767.03, 4767.04, and 4767.08 of the 17
Revised Code to exempt certain political 18
subdivisions from the requirement of paying a 19
cemetery registration fee, to make changes to the
law governing fees for the issuance of burial 20
permits, to revise the permissible uses of 21
dividend and interest income from cemetery
endowment care trusts, to exempt family 22
cemeteries from the requirement of maintaining an
endowment care trust, to revise the depository 25
requirements for sellers of preneed cemetery
merchandise and services contracts, and to 26
generally exempt cemeteries owned and operated by 27
fraternal organizations, municipal corporations, 28
or other political subdivisions of the state, and 29
national and family cemeteries, from the 30
requirements pertaining to preneed cemetery
merchandise and services contracts. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 1721.21, 1721.211, 3705.17, 35
2
4767.01, 4767.03, 4767.04, and 4767.08 of the Revised Code be 37
amended to read as follows: 38
Sec. 1721.21. (A) As used in this section: 47
(1) "Person" means any corporation, company, partnership, 49
individual, or other entity owning or operating a cemetery for 50
the disposition of human remains. 51
(2) "Cemetery" means any one or a combination of more than 53
one of the following: 54
(a) A burial ground for earth interments; 56
(b) A mausoleum for crypt entombments; 58
(c) A columbarium for the deposit of cremated remains; 60
(d) A scattering ground for the spreading of cremated 62
remains. 63
(3) "Interment" means the disposition of human remains by 65
earth burial, entombment, or inurnment. 66
(4) "Burial right" means the right of earth interment. 68
(5) "Entombment right" means the right of entombment in a 70
mausoleum. 71
(6) "Columbarium right" means the right of inurnment in a 73
columbarium for cremated remains. 74
(B) No person shall operate or continue to operate any 76
cemetery in Ohio THIS STATE unless an endowment care trust is 77
established and maintained as required by this section. 79
(C) Any person desiring to operate any cemetery that is 82
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 83
or columbarium right in that cemetery, shall first establish an 85
endowment care trust, segregated from other assets, and place in 87
that fund a minimum of fifty thousand dollars in cash or in bonds 88
of the United States, this state, or any county or municipal 89
corporation of this state. 90
Whenever any person described in this division has placed 92
another fifty thousand dollars in the endowment care trust out of 94
gross sales proceeds, in addition to the deposit required by this 96
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division, that person, after submitting proof of this fact to the 98
trustees of the endowment care trust, may be paid a distribution 99
in the sum of fifty thousand dollars from the endowment care 100
trust. 101
(D) Any person desiring to operate or to continue to 103
operate any cemetery after July 1, 1970, shall place into the 104
endowment care trust as required by this section not less than 106
ten per cent of the gross sales proceeds received from the sale 107
of any burial lot, burial right, entombment right, or columbarium 108
right. This percentage shall be placed in the endowment care 109
trust no later than thirty days following the month in which the 111
entire gross sales are received.
(E) The trustees of the endowment care trust shall consist 115
of at least three individuals who have been residents of the 116
county in which the cemetery is located for at least one year, or 117
a trust company licensed under Chapter 1111. of the Revised Code 118
or a national bank or federal savings association that has 119
securities pledged in accordance with section 1111.04 of the 120
Revised Code. If a person or entity other than THE TRUSTEES ARE 122
NOT a financial institution is designated as trustee, the person 124
or entity OR TRUST COMPANY, THE TRUSTEES shall be bonded by a 125
corporate surety OR FIDELITY bond in an AGGREGATE amount OF not 126
less than one hundred per cent of the funds held by the trustee 128
TRUSTEES. The trustee TRUSTEES or its THEIR agent shall, on a 130
continuous basis, keep exact records as to the amount of funds 131
under any joint account or trust instrument being held for the 132
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 133
The funds of the endowment care trust shall be held and 135
invested in the manner in which trust funds are permitted to be 136
held and invested pursuant to sections 2109.37 and 2109.371 of 137
the Revised Code. 138
(F) Any person offering to sell or selling any burial lot, 140
burial right, entombment right, or columbarium right shall give 141
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to the purchaser of the lot or right, at the time of sale, a 142
written agreement that identifies and unconditionally guarantees 144
to the purchaser the specific location of the lot or the specific
location to which the right applies. 145
(G) No person shall open or close any grave, crypt, or 148
niche for the interment of human remains in a cemetery without 149
the permission of the cemetery association or other entity having 150
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 153
this section does not apply to A FAMILY CEMETERY AS DEFINED IN 154
SECTION 4767.02 OF THE REVISED CODE, TO any cemetery that is 155
owned and operated entirely and exclusively by churches,
religious societies, established fraternal organizations, 156
municipal corporations, or other political subdivisions of the 157
state, or to a national cemetery. 159
(I) The dividend and interest income from the endowment 162
care trust shall be used only FOR THE COST AND EXPENSES INCURRED 163
TO ESTABLISH, MANAGE, AND ADMINISTER THE TRUST AND for the 164
maintenance, supervision, improvement, and preservation of the 165
grounds, lots, buildings, equipment, statuary, and other real and 166
personal property of the cemetery.
(J)(1) Annual reports of all the assets and investments of 169
the endowment care trust shall be prepared and maintained, and 170
shall be available for inspection at reasonable times by any 171
owner of interment rights in the cemetery. 172
(2) Every cemetery required to establish and maintain an 175
endowment care trust shall file an affidavit annually with the
division of real estate of the department of commerce, in a form 177
prescribed by the division, certifying under oath each of the
following: 178
(a) That the cemetery has deposited, at the time specified 181
in division (D) of this section, the amounts required by that 182
division in the cemetery's endowment care trust; 183
(b) That only dividend and interest income have been paid 186
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from the endowment care trust, and the cemetery used the amounts 187
withdrawn only for the purposes specified in division (I) of this 189
section;
(c) That all principal and capital gains have remained in 192
the endowment care trust;
(d) That the endowment care trust has not been used to 195
collateralize or guarantee loans and has not otherwise been 196
subjected to any consensual lien;
(e) That the endowment care trust is invested in 199
compliance with the investing standards set forth in sections 200
2109.37 and 2109.371 of the Revised Code. 201
Sec. 1721.211. (A) As used in this section, "preneed 210
cemetery merchandise and services contract" means a written 212
agreement, contract, or series of contracts to sell or otherwise 213
provide an outer burial container, monument, marker, urn, other 215
type of merchandise customarily sold by cemeteries, or opening 217
and closing services to be used or provided in connection with 218
the final disposition of a dead human body, where payment for the 219
container, monument, marker, urn, other type of merchandise 220
customarily sold by cemeteries, or opening and closing services 221
is made either outright or on an installment basis, prior to the 222
death of the person so purchasing or for whom so purchased. 223
"Preneed cemetery merchandise and services contract" does not 225
include any preneed funeral contract or any agreement, contract, 226
or series of contracts pertaining to the sale of any burial lot, 227
burial or interment right, entombment right, or columbarium right 228
with respect to which an endowment care fund TRUST is established 229
or is exempt from establishment pursuant to section 1721.21 of 231
the Revised Code.
(B) Subject to the limitations and restrictions contained 233
in Chapters 1101. to 1127. of the Revised Code, a trust company 235
licensed under Chapter 1111. of the Revised Code or a national 236
bank or federal savings association that pledges securities in 238
accordance with section 1111.04 of the Revised Code or the
6
individuals described in division (C)(2) of this section have the 240
power as trustee to receive and to hold and invest in accordance 241
with sections 2109.37 and 2109.371 of the Revised Code moneys 242
under a preneed cemetery merchandise and services contract. 244
(C)(1) The greater of one hundred ten per cent of the 247
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 248
retail price of the services to be provided under a preneed 249
cemetery merchandise and services contract shall remain intact as 251
a fund until the death of the person for whose benefit the 252
contract is made or the merchandise is delivered as set forth in 255
division (K) of this section. However, any moneys held pursuant 256
to this section shall be released upon demand of the person for 257
whose benefit the contract was made or upon the demand of the 258
seller for its share of the moneys held and earned interest if 260
the contract has been canceled as set forth in division (G) of 261
this section.
(2) The trustee of the fund described in division (C)(1) 264
of this section shall be a trust company licensed under Chapter 265
1111. of the Revised Code or a national bank or federal savings
association that pledges securities in accordance with section 267
1111.04 of the Revised Code or at least three individuals who 269
have been residents of the county in which the seller is located 270
for at least one year, each of whom shall be bonded by a 271
corporate surety in an amount that is at least equal to the
amount deposited in the fund of which those persons serve as 273
trustee. Amounts in the fund shall be held and invested in the 275
manner in which trust funds are permitted to be held and invested
pursuant to sections 2109.37 and 2109.371 of the Revised Code. 277
(D) Within thirty days after the last business day of the 280
month in which the seller of cemetery merchandise or services 282
receives final contractual payment under a preneed cemetery 283
merchandise and services contract, the seller shall deliver the 286
greater of one hundred ten per cent of the seller's actual cost
7
or thirty per cent of the seller's retail price of the 288
merchandise and seventy per cent of the seller's current retail 289
price of the services as of the time the final contractual 290
payment is received DATE OF THE CONTRACT to a trustee or to 291
trustees as described in division (C)(2) of this section, and the 292
moneys and accruals or income on the moneys shall be held in a 294
fund and designated for the person for whose benefit the fund was 295
established as a preneed cemetery merchandise and services 297
contract fund. 298
(E) The moneys received from more than one preneed 300
cemetery merchandise and services contract may, at the option of 302
the persons for whose benefit the contracts are made, be placed 303
in a common or pooled trust fund in this state under a single 304
trust instrument. If three individuals are designated as the 306
trustees as provided in division (C)(2) of this section, they 307
shall be bonded by a corporate surety OR FIDELITY bond in an 308
AGGREGATE amount OF not less than one hundred per cent of the 310
funds held by them as trustees. The trustee TRUSTEES or its 311
THEIR agent shall, on a continuous basis, keep exact records as 312
to the amount of funds under a single trust instrument being held 314
for the individual beneficiaries showing the amount paid, the
amount deposited and invested, and accruals and income. 315
(F) The seller of merchandise or services under a preneed 318
cemetery merchandise and services contract shall annually submit 319
to the division of real estate of the department of commerce an 320
affidavit in a form prescribed by the division, sworn under oath, 322
specifying each of the following:
(1) That, within the time specified in division (D) of 325
this section, the amounts required by that division were 326
deposited in an appropriate fund; 327
(2) That the fund has not been used to collateralize or 330
guarantee loans and has not otherwise been subjected to any
consensual lien; 331
(3) That the fund is invested in compliance with the 333
8
investing standards set forth in sections 2109.37 and 2109.371 of 335
the Revised Code;
(4) That no moneys have been removed from the fund, except 338
as provided for in this section.
(G) This division is subject to division (I) of this 340
section. 341
Any person upon initially entering into a preneed cemetery 344
merchandise and services contract may, within seven days, cancel 345
the contract and request and receive from the seller one hundred 346
per cent of all payments made under the contract. After the 347
expiration of the above period, any person who has entered into a 348
preneed cemetery merchandise and services contract may, on not 350
less than fifteen days' notice, cancel the contract and request 351
and receive from the seller sixty per cent of the payments made 352
under the contract which have been paid up to the time of 353
cancellation; except that, if a preneed cemetery merchandise and 354
services contract stipulates a firm or fixed or guaranteed price 356
for the merchandise or services for future use at a time 357
determined by the death of the person on behalf of whom payments 358
are made, the person who has entered into the contract may, if 359
the merchandise has not been delivered or the services have not 361
been performed as set forth in division (K) or (L) of this 362
section, on not less than fifteen days' notice, cancel the 363
contract and receive from the seller sixty per cent of the 364
principal paid pursuant to the contract and not less than eighty 367
per cent of any interest paid, up to the time of cancellation, 368
and not less than eighty per cent of any accrual or income earned 369
while the moneys have been held pursuant to divisions (C) and (D) 370
of this section, up to the time of cancellation. Upon 371
cancellation, after the moneys have been distributed to the 372
beneficiary pursuant to this division, all remaining moneys being 373
held pursuant to divisions (C) and (D) of this section shall be 375
paid to the seller. If more than one person enters into the 376
contract, all of those persons must request cancellation for it 377
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to be effective under this division. In such a case, the seller 378
shall refund to each person only those moneys that each person 379
has paid under the contract.
(H) Upon receipt of a certified copy of the certificate of 381
death or evidence of delivery of the merchandise or performance 383
of the services pursuant to division (K) or (L) of this section, 384
the trustee described in division (C)(2) of this section or its 386
agent, shall forthwith pay the fund and accumulated interest, if 388
any, to the person entitled to them under the preneed cemetery 390
merchandise and services contract. The payment of the fund and 391
accumulated interest pursuant to this section, either to a seller 392
or person making the payments, shall relieve the trustee of any 395
further liability on the fund or accumulated interest.
(I) Notwithstanding any other provision of this section, 397
any preneed cemetery merchandise and services contract may 398
specify that it is irrevocable. All irrevocable preneed cemetery 400
merchandise and services contracts shall include a clear and 401
conspicuous disclosure of irrevocability in the contract and any 402
person entering into an irrevocable preneed cemetery merchandise
and services contract shall sign a separate acknowledgment of the 403
person's waiver of the right to revoke. If a contract satisfies 404
the requirements of this division, division (G) of this section 405
does not apply to that contract. 406
(J) Any preneed cemetery merchandise and services contract 409
that involves the payment of money shall be in writing and in 410
compliance with the laws and rules of this state. 411
(K) For purposes of this section, the seller is considered 414
to have delivered merchandise pursuant to a preneed cemetery 416
merchandise and services contract when either of the following 417
occur:
(1) The seller makes actual delivery of the merchandise to 420
the beneficiary, or the seller pays for the merchandise and
identifies it as being stored for the benefit of the beneficiary 422
at a manufacturer's warehouse;. 423
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(2) The seller receives delivery of the merchandise on 426
behalf of the beneficiary, and all of the following occur: 427
(a) The merchandise is permanently affixed to or stored 430
upon the real property of a cemetery located in this state. 431
(b) The seller notifies the beneficiary of receipt of the 433
merchandise and identifies the specific location of the 434
merchandise. 435
(c) The seller at the time of the beneficiary's final 437
payment provides the beneficiary with evidence of ownership in 438
the beneficiary's name showing the merchandise to be free and 440
clear of any liens or other encumbrances. 441
(L) For purposes of this section, a seller is considered 443
to have performed services pursuant to a preneed cemetery 444
merchandise and services contract when the beneficiary's next of 445
kin signs a written statement that the services have been 446
performed or, if no next of kin of the beneficiary can be located 447
through reasonable diligence, when the owner or other person 448
responsible for the operation of the cemetery signs a statement 449
of that nature.
(M) Notwithstanding any other provision of this chapter, 451
any trust may be charged a trustee's fee, which is to be deducted 452
from the earned income or accruals on that trust. The fee shall 453
not exceed the amount that is regularly or usually charged for 454
similar services rendered by the trustee described in division 456
(C)(2) of this section when serving as a trustee. 457
(N) The general assembly intends that this section be 459
construed as a limitation upon the manner in which a person is 460
permitted to accept moneys in prepayment for merchandise and 462
services to be delivered or provided in the future, or 463
merchandise and services to be used or provided in connection 465
with the final disposition of human remains, to the end that at 466
all times members of the public may have an opportunity to 467
arrange and pay for merchandise and services for themselves and 469
their families in advance of need while at the same time
11
providing all possible safeguards whereunder the prepaid moneys 470
cannot be dissipated, whether intentionally or not, so as to be 471
available for the payment for merchandise and services and the 473
providing of merchandise and services used or provided in 475
connection with the final disposition of dead human bodies. 476
(O) This section does not apply when TO the seller or 478
provider of merchandise or services under a preneed cemetery 480
merchandise and services contract is IF THE CONTRACT PERTAINS TO 481
A CEMETERY THAT IS OWNED AND OPERATED ENTIRELY AND EXCLUSIVELY BY 482
an established and legally cognizable church or denomination that 484
is exempt from federal income taxation under section 501(c)(3) of 485
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 486
preneed cemetery merchandise and services contract pertains to a 487
cemetery that is owned and operated entirely and exclusively by 488
the church or denomination AN ESTABLISHED FRATERNAL ORGANIZATION, 490
OR A MUNICIPAL CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE 491
STATE, TO A CEMETERY THAT IS A NATIONAL CEMETERY, OR TO A 492
CEMETERY THAT IS A FAMILY CEMETERY AS DEFINED IN SECTION 4767.02 493
OF THE REVISED CODE; provided that the church or denomination 494
adopts, on a voluntary basis, rules and other measures ARE 495
ADOPTED to safeguard and secure all moneys received under a 497
preneed cemetery merchandise and services contract. 498
(P) This section does not prohibit persons other than 500
cemetery corporations or associations from selling outer burial 501
containers, monuments, markers, urns, or other types of 503
merchandise customarily sold by cemeteries pursuant to a preneed 504
cemetery merchandise and services contract; however all sellers 505
of merchandise pursuant to a preneed cemetery merchandise and 506
services contract shall comply with this section unless the
seller is specifically exempt from this section. 507
(Q) Any contract for preneed services or merchandise 509
entered into with a cemetery not registered under section 4767.03 510
of the Revised Code is voidable. 511
Sec. 3705.17. The body of a person whose death occurs in 520
12
Ohio THIS STATE shall not be interred, deposited in a vault or 521
tomb, cremated, or otherwise disposed of by a funeral director 523
until a burial permit is issued by a local registrar or 524
sub-registrar of vital statistics. No such permit shall be 525
issued by a local registrar or sub-registrar until a satisfactory 526
death, fetal death, or provisional death certificate is filed 527
with the local registrar or sub-registrar. When the medical 529
certification as to the cause of death cannot be provided by the 530
attending physician or coroner prior to burial, for sufficient 531
cause, as determined by rule of the director of health, the 532
funeral director may file a provisional death certificate with 533
the local registrar or sub-registrar for the purpose of securing 534
a burial or burial-transit permit. When the funeral director 535
files a provisional death certificate to secure a burial or 536
burial-transit permit, such THE funeral director shall file a 538
satisfactory and complete death certificate within five days 539
after the date of death. The director OF HEALTH, by rule, may
provide additional time for filing a satisfactory death 541
certificate. A burial permit authorizing cremation shall not be 542
issued upon the filing of a provisional certificate of death. 543
When a funeral director or other person obtains a burial 545
permit from a local registrar or sub-registrar, the registrar or 546
sub-registrar shall charge a fee of two THREE dollars and fifty 548
cents for the issuance of a THE burial permit. Two dollars AND 549
FIFTY CENTS of each fee collected for a burial permit shall be 551
paid into the state treasury to the credit of the division of 552
real estate in the department of commerce to be used by the 553
division of real estate in discharging its duties prescribed in 554
Chapter 4767. of the Revised Code and the Ohio cemetery dispute 555
resolution commission created by section 4767.05 of the Revised 556
Code. A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS 557
OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS 558
SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE 559
FREQUENTLY, IF POSSIBLE. The director of health shall, by rule, 560
13
SHALL provide for the issuance of a burial permit without the 562
payment of the fee required by this section if the total cost of 563
the burial will be paid by an agency or instrumentality of the 564
United States, the state or a state agency, or a political 565
subdivision of the state.
The director of commerce may by rule adopted in accordance 567
with Chapter 119. of the Revised Code reduce the total amount of 568
the fee required by this section and that portion of the amount 569
of the fee required to be paid to the credit of the division of 570
real estate for the use of the division and the Ohio cemetery 571
dispute resolution commission, if the director determines that 573
the total amount of funds the fee is generating at the amount 574
required by this section exceeds the amount of funds the division 575
of real estate and the commission need to carry out their powers 577
and duties prescribed in Chapter 4767. of the Revised Code. 578
No person in charge of any premises in which interments or 580
cremations are made shall inter or cremate or otherwise dispose 581
of a body, unless it is accompanied by a burial permit. Each 582
person in charge of a cemetery, crematory, or other place of 583
disposal, shall indorse upon the A burial permit the date of 585
interment, cremation, or other disposal and shall retain such 586
permits for a period of at least five years. The person in 588
charge shall keep an accurate record of all interments, 589
cremations, or other disposal of dead bodies, made in the 590
premises under the person's charge, stating the name of the
deceased person, place of death, date of burial, cremation, or 592
other disposal, and name and address of the funeral director. 593
Such record shall at all times be open to public inspection. 594
Sec. 4767.01. As used in sections 4767.01 to 4767.08 of 603
the Revised Code: 604
(A) "Cemetery," "interment," "burial right," "entombment 606
right," and "columbarium right" have the same meanings as in 608
section 1721.21 of the Revised Code. 609
(B) "Political subdivision" has the same meaning as in 611
14
section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL 613
CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC 614
AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF 615
THIS STATE.
(C) "Division of real estate" may be used interchangeably 618
with, and for all purposes has the same meaning as, "division of 619
real estate and professional licensing." 620
(D) "Superintendent" or "superintendent of the division of 623
real estate" means the superintendent of the division of real 624
estate and professional licensing of this state. Whenever the 625
division or superintendent of real estate is referred to or 626
designated in any statute, rule, contract, or other document, the 627
reference or designation shall be deemed to refer to the division 628
or superintendent of real estate and professional licensing, as 629
the case may be. 630
Sec. 4767.03. (A)(1) The owner or the person responsible 639
for the operation and maintenance of a cemetery shall apply to 640
the division of real estate in the department of commerce to 641
register the cemetery on forms prescribed by the division. With 642
the application, the applicant shall submit such THE 643
documentation as required in division (A) of section 4767.04 of 645
the Revised Code and a registration fee of twenty-five dollars 646
for one cemetery, forty dollars for two cemeteries, and fifty 647
dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE 648
REQUIRED OF ANY POLITICAL SUBDIVISION. 649
(2) The director of commerce, by rule adopted in 651
accordance with Chapter 119. of the Revised Code, may reduce the 652
amount of the registration fee required by this section in any 653
year if the director determines that the total amount of funds 655
the fee is generating at the amount specified by this section 656
exceeds the amount of funds the division of real estate and the 657
Ohio cemetery dispute resolution commission created by section 658
4767.05 of the Revised Code need to carry out their powers and 660
duties under this chapter. If the director so reduces the amount 661
15
of the registration fee, the director shall reduce it for all 662
owners or other persons required to pay the fee under division 664
(A)(1) of this section and shall require that the reduced fee be 665
paid according to the number of cemeteries owned, operated, or 666
maintained as required under that division. If the director has 667
reduced the fee under division (A)(2) of this section, the 668
director may later raise it up to the amounts specified in 670
division (A)(1) of this section if, in any year, the director 671
determines that the total amount of funds the fee is generating 673
at the reduced amount is insufficient for the division of real 674
estate and the Ohio cemetery dispute resolution commission to 675
carry out their powers and duties under this chapter. 677
(B) Upon receipt of the completed application form, 679
documentation, and, IF REQUIRED, registration fee, the division 681
of real estate shall issue a certificate of registration to the 682
applicant. The applicant shall display the certificate in a 683
conspicuous place on the premises of the cemetery for which the 684
registration was obtained, except that, if the applicant is the 685
legislative authority GOVERNING BODY of a political subdivision 686
or person acting on behalf of that authority GOVERNING BODY, the 688
certificate shall be kept on file and BE available for public 690
inspection at the office of the legislative authority GOVERNING 691
BODY.
(C) Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 693
EACH registration issued pursuant to this section shall expire 695
annually on the thirtieth day of June and may be renewed. The 696
renewal fee shall be the same as the initial registration fees 697
prescribed in division (A) of this section.
THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A 699
POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL 700
SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY. A 701
POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT 702
REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY 703
UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER
16
DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS 705
ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY. 706
(D) All registration and renewal fees collected pursuant 708
to this section shall be paid into the state treasury to the 709
credit of the division of real estate in the department of 710
commerce to be used by the division to carry out its powers and 711
duties under this chapter and by the Ohio cemetery dispute 712
resolution commission created by section 4767.05 of the Revised 714
Code. 715
Sec. 4767.04. (A) To qualify a cemetery for a certificate 724
of registration, the applicant shall submit to the division of 725
real estate the following information: 726
(1) The name of the cemetery; 728
(2) The street address, city, village, or township, and 730
county where the cemetery is located, and the mailing address if 731
different from the street address; 732
(3) The name and address of the person who owns the 734
cemetery; 735
(4) The name and address of the person responsible for the 737
operation and maintenance of the cemetery; 738
(5) A copy of the most recent annual report of the 740
cemetery if required by the Ohio DIVISION OF real estate 741
commission pursuant to section 1721.211 of the Revised Code OR IF 743
REQUIRED BY THE OHIO CEMETERY DISPUTE RESOLUTION COMMISSION. If 744
the cemetery is owned by a cemetery company or association, a 745
copy of the annual report for the previous year of all of the 746
assets and investments of the endowment care funds TRUST of the 747
COMPANY OR association as prepared pursuant to section 1721.21 of 749
the Revised Code shall be submitted to the division. 750
(B) If any of the information required in division (A) of 752
this section changes at any time, the person responsible for the 753
operation and maintenance of the cemetery shall submit written 754
notification of the change to the division within thirty days of 755
the change occurring. 756
17
(C) IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH 758
IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL 759
SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE 760
SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING 761
OR INTENDS TO OPEN A NEW CEMETERY, ITS GOVERNING BODY SHALL 762
NOTIFY THE DIVISION AT LEAST THIRTY DAYS BEFORE THE ACQUISITION 763
OR OPENING TO RENEW THE REGISTRATION OF THE EXISTING CEMETERY OR 764
TO REGISTER THE NEW CEMETERY.
Sec. 4767.08. (A) The OHIO cemetery dispute resolution 773
commission, on its own motion or as a result of a complaint 774
received pursuant to section 4767.07 of the Revised Code and with 775
good cause shown, shall investigate or cause to be investigated 776
alleged violations of sections 1721.19, 1721.20, 1721.21, 777
1721.211, 4735.02, 4735.22, and 4765.03 4767.03 of the Revised 778
Code. If the commission or the superintendent of the division of 780
real estate in the department of commerce believes that a 781
violation has occurred, the commission or superintendent shall do 782
all of the following: 783
(1) Review the financial records of the cemetery to ensure 785
compliance with sections 1721.21 and 1721.211 of the Revised 786
Code;
(2) Request the prosecuting attorney of the county in 789
which the alleged violation occurred to initiate such proceedings 790
as are appropriate.
(B) If, as a result of an investigation, the commission or 792
the superintendent believes that a person has violated Chapter 793
1345. of the Revised Code, the commission or superintendent shall 794
report the findings to the attorney general. 795
(C) The commission, at any time, may dismiss a complaint 797
if it determines there is not good cause shown for the complaint. 798
If the commission dismisses a complaint, it shall notify the 799
person who filed the complaint within twenty days of reaching its 800
decision and identify the reason why the complaint was dismissed. 801
(D) When necessary for the division of real estate in the 803
18
department of commerce to perform the duties required by sections 804
4767.07 and 4767.08 of the Revised Code, the superintendent of 805
the division, after consultation with at least a majority of the 806
members of the cemetery dispute resolution commission, may issue 808
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 809
Section 2. That existing sections 1721.21, 1721.211, 811
3705.17, 4767.01, 4767.03, 4767.04, and 4767.08 of the Revised 813
Code are hereby repealed. 814