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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
      (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