As Reported by the Senate State and Local Government and Veterans  2            

                        Affairs Committee                                       

123rd General Assembly                                             5            

   Regular Session                           Sub. H. B. No. 531    6            

      1999-2000                                                    7            


      REPRESENTATIVES HOLLISTER-SCHULER-METZGER-D. MILLER-         10           

 VAN VYVEN-HARTNETT-CLANCY-GRENDELL-REDFERN-WILLAMOWSKI-NETZLEY-                

 TERWILLEGER-TAYLOR-PETERSON-SMITH-BUEHRER-BRITTON-DISTEL-ROMAN-   11           

   KRUPINSKI-SULLIVAN-HARRIS-BENDER-VERICH-CAREY-EVANS-ALLEN-      12           

    SCHURING-WILSON-BRADING-BUCHY-LOGAN-TIBERI-O'BRIEN-HOOPS-      13           

      WINKLER-STAPLETON-VESPER-A. CORE-DAMSCHRODER-STEVENS-        15           

                         SENATOR GARDNER                                        


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 1721.21, 1721.211, 3705.17,         19           

                4767.01, 4767.03, 4767.04, and 4767.08 of the      20           

                Revised Code to exempt certain political           21           

                subdivisions from the requirement of paying a      22           

                cemetery registration fee, to make changes to the               

                law governing fees for the issuance of burial      23           

                permits, to revise the permissible uses of         24           

                dividend and interest income from cemetery                      

                endowment care trusts, to exempt family            25           

                cemeteries from the requirement of maintaining an               

                endowment care trust, to revise the depository     28           

                requirements for sellers of preneed cemetery                    

                merchandise and services contracts, and to         29           

                generally exempt cemeteries owned and operated by  30           

                fraternal organizations, municipal corporations,   31           

                or other political subdivisions of the state, and  32           

                national and family cemeteries, from the           33           

                requirements pertaining to preneed cemetery                     

                merchandise and services contracts.                34           

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

      Section 1.  That sections 1721.21, 1721.211, 3705.17,        38           

4767.01, 4767.03, 4767.04, and 4767.08 of the Revised Code be      40           

amended to read as follows:                                        41           

      Sec. 1721.21.  (A)  As used in this section:                 50           

      (1)  "Person" means any corporation, company, partnership,   52           

individual, or other entity owning or operating a cemetery for     53           

the disposition of human remains.                                  54           

      (2)  "Cemetery" means any one or a combination of more than  56           

one of the following:                                              57           

      (a)  A burial ground for earth interments;                   59           

      (b)  A mausoleum for crypt entombments;                      61           

      (c)  A columbarium for the deposit of cremated remains;      63           

      (d)  A scattering ground for the spreading of cremated       65           

remains.                                                           66           

      (3)  "Interment" means the disposition of human remains by   68           

earth burial, entombment, or inurnment.                            69           

      (4)  "Burial right" means the right of earth interment.      71           

      (5)  "Entombment right" means the right of entombment in a   73           

mausoleum.                                                         74           

      (6)  "Columbarium right" means the right of inurnment in a   76           

columbarium for cremated remains.                                  77           

      (B)  No person shall operate or continue to operate any      79           

cemetery in Ohio THIS STATE unless an endowment care trust is      80           

established and maintained as required by this section.            82           

      (C)  Any person desiring to operate any cemetery that is     85           

organized or developed after July 1, 1970, before offering to                   

sell or selling any burial lot, burial right, entombment right,    86           

or columbarium right in that cemetery, shall first establish an    88           

endowment care trust, segregated from other assets, and place in   90           

that fund a minimum of fifty thousand dollars in cash or in bonds  91           

of the United States, this state, or any county or municipal       92           

corporation of this state.                                         93           

      Whenever any person described in this division has placed    95           

                                                          3      


                                                                 
another fifty thousand dollars in the endowment care trust out of  97           

gross sales proceeds, in addition to the deposit required by this  99           

division, that person, after submitting proof of this fact to the  101          

trustees of the endowment care trust, may be paid a distribution   102          

in the sum of fifty thousand dollars from the endowment care       103          

trust.                                                             104          

      (D)  Any person desiring to operate or to continue to        106          

operate any cemetery after July 1, 1970, shall place into the      107          

endowment care trust as required by this section not less than     109          

ten per cent of the gross sales proceeds received from the sale    110          

of any burial lot, burial right, entombment right, or columbarium  111          

right.  This percentage shall be placed in the endowment care      112          

trust no later than thirty days following the month in which the   114          

entire gross sales are received.                                                

      (E)  The trustees of the endowment care trust shall consist  118          

of at least three individuals who have been residents of the       119          

county in which the cemetery is located for at least one year, or  120          

a trust company licensed under Chapter 1111. of the Revised Code   121          

or a national bank or federal savings association that has         122          

securities pledged in accordance with section 1111.04 of the       123          

Revised Code.  If a person or entity other than THE TRUSTEES ARE   125          

NOT a financial institution is designated as trustee, the person   127          

or entity OR TRUST COMPANY, THE TRUSTEES shall be bonded by a      128          

corporate surety OR FIDELITY bond in an AGGREGATE amount OF not    129          

less than one hundred per cent of the funds held by the trustee    131          

TRUSTEES.  The trustee TRUSTEES or its THEIR agent shall, on a     133          

continuous basis, keep exact records as to the amount of funds     134          

under any joint account or trust instrument being held for the     135          

individual beneficiaries showing the amount paid, the amount                    

deposited and invested, and accruals and income.                   136          

      The funds of the endowment care trust shall be held and      138          

invested in the manner in which trust funds are permitted to be    139          

held and invested pursuant to sections 2109.37 and 2109.371 of     140          

the Revised Code.                                                  141          

                                                          4      


                                                                 
      (F)  Any person offering to sell or selling any burial lot,  143          

burial right, entombment right, or columbarium right shall give    144          

to the purchaser of the lot or right, at the time of sale, a       145          

written agreement that identifies and unconditionally guarantees   147          

to the purchaser the specific location of the lot or the specific               

location to which the right applies.                               148          

      (G)  No person shall open or close any grave, crypt, or      151          

niche for the interment of human remains in a cemetery without     152          

the permission of the cemetery association or other entity having  153          

control and management of the cemetery.                                         

      (H)  Except as provided in division (G) of this section,     156          

this section does not apply to A FAMILY CEMETERY AS DEFINED IN     157          

SECTION 4767.02 OF THE REVISED CODE, TO any cemetery that is       158          

owned and operated entirely and exclusively by churches,                        

religious societies, established fraternal organizations,          159          

municipal corporations, or other political subdivisions of the     160          

state, or to a national cemetery.                                  162          

      (I)  The dividend and interest income from the endowment     165          

care trust shall be used only FOR THE COST AND EXPENSES INCURRED   166          

TO ESTABLISH, MANAGE, AND ADMINISTER THE TRUST AND for the         167          

maintenance, supervision, improvement, and preservation of the     168          

grounds, lots, buildings, equipment, statuary, and other real and  169          

personal property of the cemetery.                                              

      (J)(1)  Annual reports of all the assets and investments of  172          

the endowment care trust shall be prepared and maintained, and     173          

shall be available for inspection at reasonable times by any       174          

owner of interment rights in the cemetery.                         175          

      (2)  Every cemetery required to establish and maintain an    178          

endowment care trust shall file an affidavit annually with the                  

division of real estate of the department of commerce, in a form   180          

prescribed by the division, certifying under oath each of the                   

following:                                                         181          

      (a)  That the cemetery has deposited, at the time specified  184          

in division (D) of this section, the amounts required by that      185          

                                                          5      


                                                                 
division in the cemetery's endowment care trust;                   186          

      (b)  That only dividend and interest income have been paid   189          

from the endowment care trust, and the cemetery used the amounts   190          

withdrawn only for the purposes specified in division (I) of this  192          

section;                                                                        

      (c)  That all principal and capital gains have remained in   195          

the endowment care trust;                                                       

      (d)  That the endowment care trust has not been used to      198          

collateralize or guarantee loans and has not otherwise been        199          

subjected to any consensual lien;                                               

      (e)  That the endowment care trust is invested in            202          

compliance with the investing standards set forth in sections      203          

2109.37 and 2109.371 of the Revised Code.                          204          

      Sec. 1721.211.  (A)  As used in this section, "preneed       213          

cemetery merchandise and services contract" means a written        215          

agreement, contract, or series of contracts to sell or otherwise   216          

provide an outer burial container, monument, marker, urn, other    218          

type of merchandise customarily sold by cemeteries, or opening     220          

and closing services to be used or provided in connection with     221          

the final disposition of a dead human body, where payment for the  222          

container, monument, marker, urn, other type of merchandise        223          

customarily sold by cemeteries, or opening and closing services    224          

is made either outright or on an installment basis, prior to the   225          

death of the person so purchasing or for whom so purchased.        226          

"Preneed cemetery merchandise and services contract" does not      228          

include any preneed funeral contract or any agreement, contract,   229          

or series of contracts pertaining to the sale of any burial lot,   230          

burial or interment right, entombment right, or columbarium right  231          

with respect to which an endowment care fund TRUST is established  232          

or is exempt from establishment pursuant to section 1721.21 of     234          

the Revised Code.                                                               

      (B)  Subject to the limitations and restrictions contained   236          

in Chapters 1101. to 1127. of the Revised Code, a trust company    238          

licensed under Chapter 1111. of the Revised Code or a national     239          

                                                          6      


                                                                 
bank or federal savings association that pledges securities in     241          

accordance with section 1111.04 of the Revised Code or the                      

individuals described in division (C)(2) of this section have the  243          

power as trustee to receive and to hold and invest in accordance   244          

with sections 2109.37 and 2109.371 of the Revised Code moneys      245          

under a preneed cemetery merchandise and services contract.        247          

      (C)(1)  The greater of one hundred ten per cent of the       250          

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      251          

retail price of the services to be provided under a preneed        252          

cemetery merchandise and services contract shall remain intact as  254          

a fund until the death of the person for whose benefit the         255          

contract is made or the merchandise is delivered as set forth in   258          

division (K) of this section.  However, any moneys held pursuant   259          

to this section shall be released upon demand of the person for    260          

whose benefit the contract was made or upon the demand of the      261          

seller for its share of the moneys held and earned interest if     263          

the contract has been canceled as set forth in division (G) of     264          

this section.                                                                   

      (2)  The trustee of the fund described in division (C)(1)    267          

of this section shall be a trust company licensed under Chapter    268          

1111. of the Revised Code or a national bank or federal savings                 

association that pledges securities in accordance with section     270          

1111.04 of the Revised Code or at least three individuals who      272          

have been residents of the county in which the seller is located   273          

for at least one year, each of whom shall be bonded by a           274          

corporate surety in an amount that is at least equal to the                     

amount deposited in the fund of which those persons serve as       276          

trustee.  Amounts in the fund shall be held and invested in the    278          

manner in which trust funds are permitted to be held and invested               

pursuant to sections 2109.37 and 2109.371 of the Revised Code.     280          

      (D)  Within thirty days after the last business day of the   283          

month in which the seller of cemetery merchandise or services      285          

receives final contractual payment under a preneed cemetery        286          

                                                          7      


                                                                 
merchandise and services contract, the seller shall deliver the    289          

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             291          

merchandise and seventy per cent of the seller's current retail    292          

price of the services as of the time the final contractual         293          

payment is received DATE OF THE CONTRACT to a trustee or to        294          

trustees as described in division (C)(2) of this section, and the  295          

moneys and accruals or income on the moneys shall be held in a     297          

fund and designated for the person for whose benefit the fund was  298          

established as a preneed cemetery merchandise and services         300          

contract fund.                                                     301          

      (E)  The moneys received from more than one preneed          303          

cemetery merchandise and services contract may, at the option of   305          

the persons for whose benefit the contracts are made, be placed    306          

in a common or pooled trust fund in this state under a single      307          

trust instrument.  If three individuals are designated as the      309          

trustees as provided in division (C)(2) of this section, they      310          

shall be bonded by a corporate surety OR FIDELITY bond in an       311          

AGGREGATE amount OF not less than one hundred per cent of the      313          

funds held by them as trustees.   The trustee TRUSTEES or its      314          

THEIR agent shall, on a continuous basis, keep exact records as    315          

to the amount of funds under a single trust instrument being held  317          

for the individual beneficiaries showing the amount paid, the                   

amount deposited and invested, and accruals and income.            318          

      (F)  The seller of merchandise or services under a preneed   321          

cemetery merchandise and services contract shall annually submit   322          

to the division of real estate of the department of commerce an    323          

affidavit in a form prescribed by the division, sworn under oath,  325          

specifying each of the following:                                               

      (1)  That, within the time specified in division (D) of      328          

this section, the amounts required by that division were           329          

deposited in an appropriate fund;                                  330          

      (2)  That the fund has not been used to collateralize or     333          

guarantee loans and has not otherwise been subjected to any                     

                                                          8      


                                                                 
consensual lien;                                                   334          

      (3)  That the fund is invested in compliance with the        336          

investing standards set forth in sections 2109.37 and 2109.371 of  338          

the Revised Code;                                                               

      (4)  That no moneys have been removed from the fund, except  341          

as provided for in this section.                                                

      (G)  This division is subject to division (I) of this        343          

section.                                                           344          

      Any person upon initially entering into a preneed cemetery   347          

merchandise and services contract may, within seven days, cancel   348          

the contract and request and receive from the seller one hundred   349          

per cent of all payments made under the contract.  After the       350          

expiration of the above period, any person who has entered into a  351          

preneed cemetery merchandise and services contract may, on not     353          

less than fifteen days' notice, cancel the contract and request    354          

and receive from the seller sixty per cent of the payments made    355          

under the contract which have been paid up to the time of          356          

cancellation; except that, if a preneed cemetery merchandise and   357          

services contract stipulates a firm or fixed or guaranteed price   359          

for the merchandise or services for future use at a time           360          

determined by the death of the person on behalf of whom payments   361          

are made, the person who has entered into the contract may, if     362          

the merchandise has not been delivered or the services have not    364          

been performed as set forth in division (K) or (L) of this         365          

section, on not less than fifteen days' notice, cancel the         366          

contract and receive from the seller sixty per cent of the         367          

principal paid pursuant to the contract and not less than eighty   370          

per cent of any interest paid, up to the time of cancellation,     371          

and not less than eighty per cent of any accrual or income earned  372          

while the moneys have been held pursuant to divisions (C) and (D)  373          

of this section, up to the time of cancellation.  Upon             374          

cancellation, after the moneys have been distributed to the        375          

beneficiary pursuant to this division, all remaining moneys being  376          

held pursuant to divisions (C) and (D) of this section shall be    378          

                                                          9      


                                                                 
paid to the seller.  If more than one person enters into the       379          

contract, all of those persons must request cancellation for it    380          

to be effective under this division.  In such a case, the seller   381          

shall refund to each person only those moneys that each person     382          

has paid under the contract.                                                    

      (H)  Upon receipt of a certified copy of the certificate of  384          

death or evidence of delivery of the merchandise or performance    386          

of the services pursuant to division (K) or (L) of this section,   387          

the trustee described in division (C)(2) of this section or its    389          

agent, shall forthwith pay the fund and accumulated interest, if   391          

any, to the person entitled to them under the preneed cemetery     393          

merchandise and services contract.  The payment of the fund and    394          

accumulated interest pursuant to this section, either to a seller  395          

or person making the payments, shall relieve the trustee of any    398          

further liability on the fund or accumulated interest.                          

      (I)  Notwithstanding any other provision of this section,    400          

any preneed cemetery merchandise and services contract may         401          

specify that it is irrevocable.  All irrevocable preneed cemetery  403          

merchandise and services contracts shall include a clear and       404          

conspicuous disclosure of irrevocability in the contract and any   405          

person entering into an irrevocable preneed cemetery merchandise                

and services contract shall sign a separate acknowledgment of the  406          

person's waiver of the right to revoke.  If a contract satisfies   407          

the requirements of this division, division (G) of this section    408          

does not apply to that contract.                                   409          

      (J)  Any preneed cemetery merchandise and services contract  412          

that involves the payment of money shall be in writing and in      413          

compliance with the laws and rules of this state.                  414          

      (K)  For purposes of this section, the seller is considered  417          

to have delivered merchandise pursuant to a preneed cemetery       419          

merchandise and services contract when either of the following     420          

occur:                                                                          

      (1)  The seller makes actual delivery of the merchandise to  423          

the beneficiary, or the seller pays for the merchandise and                     

                                                          10     


                                                                 
identifies it as being stored for the benefit of the beneficiary   425          

at a manufacturer's warehouse;.                                    426          

      (2)  The seller receives delivery of the merchandise on      429          

behalf of the beneficiary, and all of the following occur:         430          

      (a)  The merchandise is permanently affixed to or stored     433          

upon the real property of a cemetery located in this state.        434          

      (b)  The seller notifies the beneficiary of receipt of the   436          

merchandise and identifies the specific location of the            437          

merchandise.                                                       438          

      (c)  The seller at the time of the beneficiary's final       440          

payment provides the beneficiary with evidence of ownership in     441          

the beneficiary's name showing the merchandise to be free and      443          

clear of any liens or other encumbrances.                          444          

      (L)  For purposes of this section, a seller is considered    446          

to have performed services pursuant to a preneed cemetery          447          

merchandise and services contract when the beneficiary's next of   448          

kin signs a written statement that the services have been          449          

performed or, if no next of kin of the beneficiary can be located  450          

through reasonable diligence, when the owner or other person       451          

responsible for the operation of the cemetery signs a statement    452          

of that nature.                                                                 

      (M)  Notwithstanding any other provision of this chapter,    454          

any trust may be charged a trustee's fee, which is to be deducted  455          

from the earned income or accruals on that trust.  The fee shall   456          

not exceed the amount that is regularly or usually charged for     457          

similar services rendered by the trustee described in division     459          

(C)(2) of this section when serving as a trustee.                  460          

      (N)  The general assembly intends that this section be       462          

construed as a limitation upon the manner in which a person is     463          

permitted to accept moneys in prepayment for merchandise and       465          

services to be delivered or provided in the future, or             466          

merchandise and services to be used or provided in connection      468          

with the final disposition of human remains, to the end that at    469          

all times members of the public may have an opportunity to         470          

                                                          11     


                                                                 
arrange and pay for merchandise and services for themselves and    472          

their families in advance of need while at the same time                        

providing all possible safeguards whereunder the prepaid moneys    473          

cannot be dissipated, whether intentionally or not, so as to be    474          

available for the payment for merchandise and services and the     476          

providing of merchandise and services used or provided in          478          

connection with the final disposition of dead human bodies.        479          

      (O)  This section does not apply when TO the seller or       481          

provider of merchandise or services under a preneed cemetery       483          

merchandise and services contract is IF THE CONTRACT PERTAINS TO   484          

A CEMETERY THAT IS OWNED AND OPERATED ENTIRELY AND EXCLUSIVELY BY  485          

an established and legally cognizable church or denomination that  487          

is exempt from federal income taxation under section 501(c)(3) of  488          

the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the      489          

preneed cemetery merchandise and services contract pertains to a   490          

cemetery that is owned and operated entirely and exclusively by    491          

the church or denomination AN ESTABLISHED FRATERNAL ORGANIZATION,  493          

OR A MUNICIPAL CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE   494          

STATE, TO A CEMETERY THAT IS A NATIONAL CEMETERY, OR TO A          495          

CEMETERY THAT IS A FAMILY CEMETERY AS DEFINED IN SECTION 4767.02   496          

OF THE REVISED CODE; provided that the church or denomination      497          

adopts, on a voluntary basis, rules and other measures ARE         498          

ADOPTED to safeguard and secure all moneys received under a        500          

preneed cemetery merchandise and services contract.                501          

      (P)  This section does not prohibit persons other than       503          

cemetery corporations or associations from selling outer burial    504          

containers, monuments, markers, urns, or other types of            506          

merchandise customarily sold by cemeteries pursuant to a preneed   507          

cemetery merchandise and services contract; however all sellers    508          

of merchandise pursuant to a preneed cemetery merchandise and      509          

services contract shall comply with this section unless the                     

seller is specifically exempt from this section.                   510          

      (Q)  Any contract for preneed services or merchandise        512          

entered into with a cemetery not registered under section 4767.03  513          

                                                          12     


                                                                 
of the Revised Code is voidable.                                   514          

      Sec. 3705.17.  The body of a person whose death occurs in    523          

Ohio THIS STATE shall not be interred, deposited in a vault or     524          

tomb, cremated, or otherwise disposed of by a funeral director     526          

until a burial permit is issued by a local registrar or            527          

sub-registrar of vital statistics.  No such permit shall be        528          

issued by a local registrar or sub-registrar until a satisfactory  529          

death, fetal death, or provisional death certificate is filed      530          

with the local registrar or sub-registrar.  When the medical       532          

certification as to the cause of death cannot be provided by the   533          

attending physician or coroner prior to burial, for sufficient     534          

cause, as determined by rule of the director of health, the        535          

funeral director may file a provisional death certificate with     536          

the local registrar or sub-registrar for the purpose of securing   537          

a burial or burial-transit permit.  When the funeral director      538          

files a provisional death certificate to secure a burial or        539          

burial-transit permit, such THE funeral director shall file a      541          

satisfactory and complete death certificate within five days       542          

after the date of death.  The director OF HEALTH, by rule, may                  

provide additional time for filing a satisfactory death            544          

certificate.  A burial permit authorizing cremation shall not be   545          

issued upon the filing of a provisional certificate of death.      546          

      When a funeral director or other person obtains a burial     548          

permit from a local registrar or sub-registrar, the registrar or   549          

sub-registrar shall charge a fee of two THREE dollars and fifty    551          

cents for the issuance of a THE burial permit.  Two dollars AND    552          

FIFTY CENTS of each fee collected for a burial permit shall be     554          

paid into the state treasury to the credit of the division of      555          

real estate in the department of commerce to be used by the        556          

division of real estate in discharging its duties prescribed in    557          

Chapter 4767. of the Revised Code and the Ohio cemetery dispute    558          

resolution commission created by section 4767.05 of the Revised    559          

Code.  A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS  560          

OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS     561          

                                                          13     


                                                                 
SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE     562          

FREQUENTLY, IF POSSIBLE.  The director of health shall, by rule,   563          

SHALL provide for the issuance of a burial permit without the      565          

payment of the fee required by this section if the total cost of   566          

the burial will be paid by an agency or instrumentality of the     567          

United States, the state or a state agency, or a political         568          

subdivision of the state.                                                       

      The director of commerce may by rule adopted in accordance   570          

with Chapter 119. of the Revised Code reduce the total amount of   571          

the fee required by this section and that portion of the amount    572          

of the fee required to be paid to the credit of the division of    573          

real estate for the use of the division and the Ohio cemetery      574          

dispute resolution commission, if the director determines that     576          

the total amount of funds the fee is generating at the amount      577          

required by this section exceeds the amount of funds the division  578          

of real estate and the commission need to carry out their powers   580          

and duties prescribed in Chapter 4767. of the Revised Code.        581          

      No person in charge of any premises in which interments or   583          

cremations are made shall inter or cremate or otherwise dispose    584          

of a body, unless it is accompanied by a burial permit.  Each      585          

person in charge of a cemetery, crematory, or other place of       586          

disposal, shall indorse upon the A burial permit the date of       588          

interment, cremation, or other disposal and shall retain such      589          

permits for a period of at least five years.  The person in        591          

charge shall keep an accurate record of all interments,            592          

cremations, or other disposal of dead bodies, made in the          593          

premises under the person's charge, stating the name of the                     

deceased person, place of death, date of burial, cremation, or     595          

other disposal, and name and address of the funeral director.      596          

Such record shall at all times be open to public inspection.       597          

      Sec. 4767.01.  As used in sections 4767.01 to 4767.08 of     606          

the Revised Code:                                                  607          

      (A)  "Cemetery," "interment," "burial right," "entombment    609          

right," and "columbarium right" have the same meanings as in       611          

                                                          14     


                                                                 
section 1721.21 of the Revised Code.                               612          

      (B)  "Political subdivision" has the same meaning as in      614          

section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL    616          

CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC     617          

AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF     618          

THIS STATE.                                                                     

      (C)  "Division of real estate" may be used interchangeably   621          

with, and for all purposes has the same meaning as, "division of   622          

real estate and professional licensing."                           623          

      (D)  "Superintendent" or "superintendent of the division of  626          

real estate" means the superintendent of the division of real      627          

estate and professional licensing of this state.  Whenever the     628          

division or superintendent of real estate is referred to or        629          

designated in any statute, rule, contract, or other document, the  630          

reference or designation shall be deemed to refer to the division  631          

or superintendent of real estate and professional licensing, as    632          

the case may be.                                                   633          

      Sec. 4767.03.  (A)(1)  The owner or the person responsible   642          

for the operation and maintenance of a cemetery shall apply to     643          

the division of real estate in the department of commerce to       644          

register the cemetery on forms prescribed by the division.  With   645          

the application, the applicant shall submit such THE               646          

documentation as required in division (A) of section 4767.04 of    648          

the Revised Code and a registration fee of twenty-five dollars     649          

for one cemetery, forty dollars for two cemeteries, and fifty      650          

dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE  651          

REQUIRED OF ANY POLITICAL SUBDIVISION.                             652          

      (2)  The director of commerce, by rule adopted in            654          

accordance with Chapter 119. of the Revised Code, may reduce the   655          

amount of the registration fee required by this section in any     656          

year if the director determines that the total amount of funds     658          

the fee is generating at the amount specified by this section      659          

exceeds the amount of funds the division of real estate and the    660          

Ohio cemetery dispute resolution commission created by section     661          

                                                          15     


                                                                 
4767.05 of the Revised Code need to carry out their powers and     663          

duties under this chapter.  If the director so reduces the amount  664          

of the registration fee, the director shall reduce it for all      665          

owners or other persons required to pay the fee under division     667          

(A)(1) of this section and shall require that the reduced fee be   668          

paid according to the number of cemeteries owned, operated, or     669          

maintained as required under that division.  If the director has   670          

reduced the fee under division (A)(2) of this section, the         671          

director may later raise it up to the amounts specified in         673          

division (A)(1) of this section if, in any year, the director      674          

determines that the total amount of funds the fee is generating    676          

at the reduced amount is insufficient for the division of real     677          

estate and the Ohio cemetery dispute resolution commission to      678          

carry out their powers and duties under this chapter.              680          

      (B)  Upon receipt of the completed application form,         682          

documentation, and, IF REQUIRED, registration fee, the division    684          

of real estate shall issue a certificate of registration to the    685          

applicant.  The applicant shall display the certificate in a       686          

conspicuous place on the premises of the cemetery for which the    687          

registration was obtained, except that, if the applicant is the    688          

legislative authority GOVERNING BODY of a political subdivision    689          

or person acting on behalf of that authority GOVERNING BODY, the   691          

certificate shall be kept on file and BE available for public      693          

inspection at the office of the legislative authority GOVERNING    694          

BODY.                                                                           

      (C)  Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,     696          

EACH registration issued pursuant to this section shall expire     698          

annually on the thirtieth day of June and may be renewed.  The     699          

renewal fee shall be the same as the initial registration fees     700          

prescribed in division (A) of this section.                                     

      THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A  702          

POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL        703          

SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY.  A        704          

POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT  705          

                                                          16     


                                                                 
REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY      706          

UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER                      

DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS      708          

ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY.  709          

      (D)  All registration and renewal fees collected pursuant    711          

to this section shall be paid into the state treasury to the       712          

credit of the division of real estate in the department of         713          

commerce to be used by the division to carry out its powers and    714          

duties under this chapter and by the Ohio cemetery dispute         715          

resolution commission created by section 4767.05 of the Revised    717          

Code.                                                              718          

      Sec. 4767.04.  (A)  To qualify a cemetery for a certificate  727          

of registration, the applicant shall submit to the division of     728          

real estate the following information:                             729          

      (1)  The name of the cemetery;                               731          

      (2)  The street address, city, village, or township, and     733          

county where the cemetery is located, and the mailing address if   734          

different from the street address;                                 735          

      (3)  The name and address of the person who owns the         737          

cemetery;                                                          738          

      (4)  The name and address of the person responsible for the  740          

operation and maintenance of the cemetery;                         741          

      (5)  A copy of the most recent annual report of the          743          

cemetery if required by the Ohio DIVISION OF real estate           744          

commission pursuant to section 1721.211 of the Revised Code OR IF  746          

REQUIRED BY THE OHIO CEMETERY DISPUTE RESOLUTION COMMISSION.  If   747          

the cemetery is owned by a cemetery company or association, a      748          

copy of the annual report for the previous year of all of the      749          

assets and investments of the endowment care funds TRUST of the    750          

COMPANY OR association as prepared pursuant to section 1721.21 of  752          

the Revised Code shall be submitted to the division.               753          

      (B)  If any of the information required in division (A) of   755          

this section changes at any time, the person responsible for the   756          

operation and maintenance of the cemetery shall submit written     757          

                                                          17     


                                                                 
notification of the change to the division within thirty days of   758          

the change occurring.                                              759          

      (C)  IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH    761          

IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL           762          

SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE     763          

SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING  764          

OR INTENDS TO OPEN A NEW CEMETERY, ITS GOVERNING BODY SHALL        765          

NOTIFY THE DIVISION AT LEAST THIRTY DAYS BEFORE THE ACQUISITION    766          

OR OPENING TO RENEW THE REGISTRATION OF THE EXISTING CEMETERY OR   767          

TO REGISTER THE NEW CEMETERY.                                                   

      Sec. 4767.08.  (A)  The OHIO cemetery dispute resolution     776          

commission, on its own motion or as a result of a complaint        777          

received pursuant to section 4767.07 of the Revised Code and with  778          

good cause shown, shall investigate or cause to be investigated    779          

alleged violations of sections 1721.19, 1721.20, 1721.21,          780          

1721.211, 4735.02, 4735.22, and 4765.03 4767.03 of the Revised     781          

Code.  If the commission or the superintendent of the division of  783          

real estate in the department of commerce believes that a          784          

violation has occurred, the commission or superintendent shall do  785          

all of the following:                                              786          

      (1)  Review the financial records of the cemetery to ensure  788          

compliance with sections 1721.21 and 1721.211 of the Revised       789          

Code;                                                                           

      (2)  Request the prosecuting attorney of the county in       792          

which the alleged violation occurred to initiate such proceedings  793          

as are appropriate.                                                             

      (B)  If, as a result of an investigation, the commission or  795          

the superintendent believes that a person has violated Chapter     796          

1345. of the Revised Code, the commission or superintendent shall  797          

report the findings to the attorney general.                       798          

      (C)  The commission, at any time, may dismiss a complaint    800          

if it determines there is not good cause shown for the complaint.  801          

If the commission dismisses a complaint, it shall notify the       802          

person who filed the complaint within twenty days of reaching its  803          

                                                          18     


                                                                 
decision and identify the reason why the complaint was dismissed.  804          

      (D)  When necessary for the division of real estate in the   806          

department of commerce to perform the duties required by sections  807          

4767.07 and 4767.08 of the Revised Code, the superintendent of     808          

the division, after consultation with at least a majority of the   809          

members of the cemetery dispute resolution commission, may issue   811          

subpoenas and compel the production of books, papers, records,                  

and other forms of evidence.                                       812          

      Section 2.  That existing sections 1721.21, 1721.211,        814          

3705.17, 4767.01, 4767.03, 4767.04, and 4767.08 of the Revised     816          

Code are hereby repealed.                                          817