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
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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