As Passed by the Senate 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- 14
SENATORS GARDNER-SCHAFRATH
_________________________________________________________________ 16
A B I L L
To amend sections 1721.21, 1721.211, 3705.17, 18
4767.01, 4767.03, 4767.04, and 4767.08 of the 19
Revised Code to exempt certain political 20
subdivisions from the requirement of paying a 21
cemetery registration fee, to make changes to the
law governing fees for the issuance of burial 22
permits, to revise the permissible uses of 23
dividend and interest income from cemetery
endowment care trusts, to exempt family 24
cemeteries from the requirement of maintaining an
endowment care trust, to revise the depository 27
requirements for sellers of preneed cemetery
merchandise and services contracts, and to 28
generally exempt cemeteries owned and operated by 29
fraternal organizations, municipal corporations, 30
or other political subdivisions of the state, and 31
national and family cemeteries, from the 32
requirements pertaining to preneed cemetery
merchandise and services contracts. 33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
2
Section 1. That sections 1721.21, 1721.211, 3705.17, 37
4767.01, 4767.03, 4767.04, and 4767.08 of the Revised Code be 39
amended to read as follows: 40
Sec. 1721.21. (A) As used in this section: 49
(1) "Person" means any corporation, company, partnership, 51
individual, or other entity owning or operating a cemetery for 52
the disposition of human remains. 53
(2) "Cemetery" means any one or a combination of more than 55
one of the following: 56
(a) A burial ground for earth interments; 58
(b) A mausoleum for crypt entombments; 60
(c) A columbarium for the deposit of cremated remains; 62
(d) A scattering ground for the spreading of cremated 64
remains. 65
(3) "Interment" means the disposition of human remains by 67
earth burial, entombment, or inurnment. 68
(4) "Burial right" means the right of earth interment. 70
(5) "Entombment right" means the right of entombment in a 72
mausoleum. 73
(6) "Columbarium right" means the right of inurnment in a 75
columbarium for cremated remains. 76
(B) No person shall operate or continue to operate any 78
cemetery in Ohio THIS STATE unless an endowment care trust is 79
established and maintained as required by this section. 81
(C) Any person desiring to operate any cemetery that is 84
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 85
or columbarium right in that cemetery, shall first establish an 87
endowment care trust, segregated from other assets, and place in 89
that fund a minimum of fifty thousand dollars in cash or in bonds 90
of the United States, this state, or any county or municipal 91
corporation of this state. 92
Whenever any person described in this division has placed 94
another fifty thousand dollars in the endowment care trust out of 96
3
gross sales proceeds, in addition to the deposit required by this 98
division, that person, after submitting proof of this fact to the 100
trustees of the endowment care trust, may be paid a distribution 101
in the sum of fifty thousand dollars from the endowment care 102
trust. 103
(D) Any person desiring to operate or to continue to 105
operate any cemetery after July 1, 1970, shall place into the 106
endowment care trust as required by this section not less than 108
ten per cent of the gross sales proceeds received from the sale 109
of any burial lot, burial right, entombment right, or columbarium 110
right. This percentage shall be placed in the endowment care 111
trust no later than thirty days following the month in which the 113
entire gross sales are received.
(E) The trustees of the endowment care trust shall consist 117
of at least three individuals who have been residents of the 118
county in which the cemetery is located for at least one year, or 119
a trust company licensed under Chapter 1111. of the Revised Code 120
or a national bank or federal savings association that has 121
securities pledged in accordance with section 1111.04 of the 122
Revised Code. If a person or entity other than THE TRUSTEES ARE 124
NOT a financial institution is designated as trustee, the person 126
or entity OR TRUST COMPANY, THE TRUSTEES shall be bonded by a 127
corporate surety OR FIDELITY bond in an AGGREGATE amount OF not 128
less than one hundred per cent of the funds held by the trustee 130
TRUSTEES. The trustee TRUSTEES or its THEIR agent shall, on a 132
continuous basis, keep exact records as to the amount of funds 133
under any joint account or trust instrument being held for the 134
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 135
The funds of the endowment care trust shall be held and 137
invested in the manner in which trust funds are permitted to be 138
held and invested pursuant to sections 2109.37 and 2109.371 of 139
the Revised Code. 140
(F) Any person offering to sell or selling any burial lot, 142
4
burial right, entombment right, or columbarium right shall give 143
to the purchaser of the lot or right, at the time of sale, a 144
written agreement that identifies and unconditionally guarantees 146
to the purchaser the specific location of the lot or the specific
location to which the right applies. 147
(G) No person shall open or close any grave, crypt, or 150
niche for the interment of human remains in a cemetery without 151
the permission of the cemetery association or other entity having 152
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 155
this section does not apply to A FAMILY CEMETERY AS DEFINED IN 156
SECTION 4767.02 OF THE REVISED CODE, TO any cemetery that is 157
owned and operated entirely and exclusively by churches,
religious societies, established fraternal organizations, 158
municipal corporations, or other political subdivisions of the 159
state, or to a national cemetery. 161
(I) The dividend and interest income from the endowment 164
care trust shall be used only FOR THE COST AND EXPENSES INCURRED 165
TO ESTABLISH, MANAGE, AND ADMINISTER THE TRUST AND for the 166
maintenance, supervision, improvement, and preservation of the 167
grounds, lots, buildings, equipment, statuary, and other real and 168
personal property of the cemetery.
(J)(1) Annual reports of all the assets and investments of 171
the endowment care trust shall be prepared and maintained, and 172
shall be available for inspection at reasonable times by any 173
owner of interment rights in the cemetery. 174
(2) Every cemetery required to establish and maintain an 177
endowment care trust shall file an affidavit annually with the
division of real estate of the department of commerce, in a form 179
prescribed by the division, certifying under oath each of the
following: 180
(a) That the cemetery has deposited, at the time specified 183
in division (D) of this section, the amounts required by that 184
division in the cemetery's endowment care trust; 185
5
(b) That only dividend and interest income have been paid 188
from the endowment care trust, and the cemetery used the amounts 189
withdrawn only for the purposes specified in division (I) of this 191
section;
(c) That all principal and capital gains have remained in 194
the endowment care trust;
(d) That the endowment care trust has not been used to 197
collateralize or guarantee loans and has not otherwise been 198
subjected to any consensual lien;
(e) That the endowment care trust is invested in 201
compliance with the investing standards set forth in sections 202
2109.37 and 2109.371 of the Revised Code. 203
Sec. 1721.211. (A) As used in this section, "preneed 212
cemetery merchandise and services contract" means a written 214
agreement, contract, or series of contracts to sell or otherwise 215
provide an outer burial container, monument, marker, urn, other 217
type of merchandise customarily sold by cemeteries, or opening 219
and closing services to be used or provided in connection with 220
the final disposition of a dead human body, where payment for the 221
container, monument, marker, urn, other type of merchandise 222
customarily sold by cemeteries, or opening and closing services 223
is made either outright or on an installment basis, prior to the 224
death of the person so purchasing or for whom so purchased. 225
"Preneed cemetery merchandise and services contract" does not 227
include any preneed funeral contract or any agreement, contract, 228
or series of contracts pertaining to the sale of any burial lot, 229
burial or interment right, entombment right, or columbarium right 230
with respect to which an endowment care fund TRUST is established 231
or is exempt from establishment pursuant to section 1721.21 of 233
the Revised Code.
(B) Subject to the limitations and restrictions contained 235
in Chapters 1101. to 1127. of the Revised Code, a trust company 237
licensed under Chapter 1111. of the Revised Code or a national 238
bank or federal savings association that pledges securities in 240
6
accordance with section 1111.04 of the Revised Code or the
individuals described in division (C)(2) of this section have the 242
power as trustee to receive and to hold and invest in accordance 243
with sections 2109.37 and 2109.371 of the Revised Code moneys 244
under a preneed cemetery merchandise and services contract. 246
(C)(1) The greater of one hundred ten per cent of the 249
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 250
retail price of the services to be provided under a preneed 251
cemetery merchandise and services contract shall remain intact as 253
a fund until the death of the person for whose benefit the 254
contract is made or the merchandise is delivered as set forth in 257
division (K) of this section. However, any moneys held pursuant 258
to this section shall be released upon demand of the person for 259
whose benefit the contract was made or upon the demand of the 260
seller for its share of the moneys held and earned interest if 262
the contract has been canceled as set forth in division (G) of 263
this section.
(2) The trustee of the fund described in division (C)(1) 266
of this section shall be a trust company licensed under Chapter 267
1111. of the Revised Code or a national bank or federal savings
association that pledges securities in accordance with section 269
1111.04 of the Revised Code or at least three individuals who 271
have been residents of the county in which the seller is located 272
for at least one year, each of whom shall be bonded by a 273
corporate surety in an amount that is at least equal to the
amount deposited in the fund of which those persons serve as 275
trustee. Amounts in the fund shall be held and invested in the 277
manner in which trust funds are permitted to be held and invested
pursuant to sections 2109.37 and 2109.371 of the Revised Code. 279
(D) Within thirty days after the last business day of the 282
month in which the seller of cemetery merchandise or services 284
receives final contractual payment under a preneed cemetery 285
merchandise and services contract, the seller shall deliver the 288
7
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 290
merchandise and seventy per cent of the seller's current retail 291
price of the services as of the time the final contractual 292
payment is received DATE OF THE CONTRACT to a trustee or to 293
trustees as described in division (C)(2) of this section, and the 294
moneys and accruals or income on the moneys shall be held in a 296
fund and designated for the person for whose benefit the fund was 297
established as a preneed cemetery merchandise and services 299
contract fund. 300
(E) The moneys received from more than one preneed 302
cemetery merchandise and services contract may, at the option of 304
the persons for whose benefit the contracts are made, be placed 305
in a common or pooled trust fund in this state under a single 306
trust instrument. If three individuals are designated as the 308
trustees as provided in division (C)(2) of this section, they 309
shall be bonded by a corporate surety OR FIDELITY bond in an 310
AGGREGATE amount OF not less than one hundred per cent of the 312
funds held by them as trustees. The trustee TRUSTEES or its 313
THEIR agent shall, on a continuous basis, keep exact records as 314
to the amount of funds under a single trust instrument being held 316
for the individual beneficiaries showing the amount paid, the
amount deposited and invested, and accruals and income. 317
(F) The seller of merchandise or services under a preneed 320
cemetery merchandise and services contract shall annually submit 321
to the division of real estate of the department of commerce an 322
affidavit in a form prescribed by the division, sworn under oath, 324
specifying each of the following:
(1) That, within the time specified in division (D) of 327
this section, the amounts required by that division were 328
deposited in an appropriate fund; 329
(2) That the fund has not been used to collateralize or 332
guarantee loans and has not otherwise been subjected to any
consensual lien; 333
8
(3) That the fund is invested in compliance with the 335
investing standards set forth in sections 2109.37 and 2109.371 of 337
the Revised Code;
(4) That no moneys have been removed from the fund, except 340
as provided for in this section.
(G) This division is subject to division (I) of this 342
section. 343
Any person upon initially entering into a preneed cemetery 346
merchandise and services contract may, within seven days, cancel 347
the contract and request and receive from the seller one hundred 348
per cent of all payments made under the contract. After the 349
expiration of the above period, any person who has entered into a 350
preneed cemetery merchandise and services contract may, on not 352
less than fifteen days' notice, cancel the contract and request 353
and receive from the seller sixty per cent of the payments made 354
under the contract which have been paid up to the time of 355
cancellation; except that, if a preneed cemetery merchandise and 356
services contract stipulates a firm or fixed or guaranteed price 358
for the merchandise or services for future use at a time 359
determined by the death of the person on behalf of whom payments 360
are made, the person who has entered into the contract may, if 361
the merchandise has not been delivered or the services have not 363
been performed as set forth in division (K) or (L) of this 364
section, on not less than fifteen days' notice, cancel the 365
contract and receive from the seller sixty per cent of the 366
principal paid pursuant to the contract and not less than eighty 369
per cent of any interest paid, up to the time of cancellation, 370
and not less than eighty per cent of any accrual or income earned 371
while the moneys have been held pursuant to divisions (C) and (D) 372
of this section, up to the time of cancellation. Upon 373
cancellation, after the moneys have been distributed to the 374
beneficiary pursuant to this division, all remaining moneys being 375
held pursuant to divisions (C) and (D) of this section shall be 377
paid to the seller. If more than one person enters into the 378
9
contract, all of those persons must request cancellation for it 379
to be effective under this division. In such a case, the seller 380
shall refund to each person only those moneys that each person 381
has paid under the contract.
(H) Upon receipt of a certified copy of the certificate of 383
death or evidence of delivery of the merchandise or performance 385
of the services pursuant to division (K) or (L) of this section, 386
the trustee described in division (C)(2) of this section or its 388
agent, shall forthwith pay the fund and accumulated interest, if 390
any, to the person entitled to them under the preneed cemetery 392
merchandise and services contract. The payment of the fund and 393
accumulated interest pursuant to this section, either to a seller 394
or person making the payments, shall relieve the trustee of any 397
further liability on the fund or accumulated interest.
(I) Notwithstanding any other provision of this section, 399
any preneed cemetery merchandise and services contract may 400
specify that it is irrevocable. All irrevocable preneed cemetery 402
merchandise and services contracts shall include a clear and 403
conspicuous disclosure of irrevocability in the contract and any 404
person entering into an irrevocable preneed cemetery merchandise
and services contract shall sign a separate acknowledgment of the 405
person's waiver of the right to revoke. If a contract satisfies 406
the requirements of this division, division (G) of this section 407
does not apply to that contract. 408
(J) Any preneed cemetery merchandise and services contract 411
that involves the payment of money shall be in writing and in 412
compliance with the laws and rules of this state. 413
(K) For purposes of this section, the seller is considered 416
to have delivered merchandise pursuant to a preneed cemetery 418
merchandise and services contract when either of the following 419
occur:
(1) The seller makes actual delivery of the merchandise to 422
the beneficiary, or the seller pays for the merchandise and
identifies it as being stored for the benefit of the beneficiary 424
10
at a manufacturer's warehouse;. 425
(2) The seller receives delivery of the merchandise on 428
behalf of the beneficiary, and all of the following occur: 429
(a) The merchandise is permanently affixed to or stored 432
upon the real property of a cemetery located in this state. 433
(b) The seller notifies the beneficiary of receipt of the 435
merchandise and identifies the specific location of the 436
merchandise. 437
(c) The seller at the time of the beneficiary's final 439
payment provides the beneficiary with evidence of ownership in 440
the beneficiary's name showing the merchandise to be free and 442
clear of any liens or other encumbrances. 443
(L) For purposes of this section, a seller is considered 445
to have performed services pursuant to a preneed cemetery 446
merchandise and services contract when the beneficiary's next of 447
kin signs a written statement that the services have been 448
performed or, if no next of kin of the beneficiary can be located 449
through reasonable diligence, when the owner or other person 450
responsible for the operation of the cemetery signs a statement 451
of that nature.
(M) Notwithstanding any other provision of this chapter, 453
any trust may be charged a trustee's fee, which is to be deducted 454
from the earned income or accruals on that trust. The fee shall 455
not exceed the amount that is regularly or usually charged for 456
similar services rendered by the trustee described in division 458
(C)(2) of this section when serving as a trustee. 459
(N) The general assembly intends that this section be 461
construed as a limitation upon the manner in which a person is 462
permitted to accept moneys in prepayment for merchandise and 464
services to be delivered or provided in the future, or 465
merchandise and services to be used or provided in connection 467
with the final disposition of human remains, to the end that at 468
all times members of the public may have an opportunity to 469
arrange and pay for merchandise and services for themselves and 471
11
their families in advance of need while at the same time
providing all possible safeguards whereunder the prepaid moneys 472
cannot be dissipated, whether intentionally or not, so as to be 473
available for the payment for merchandise and services and the 475
providing of merchandise and services used or provided in 477
connection with the final disposition of dead human bodies. 478
(O) This section does not apply when TO the seller or 480
provider of merchandise or services under a preneed cemetery 482
merchandise and services contract is IF THE CONTRACT PERTAINS TO 483
A CEMETERY THAT IS OWNED AND OPERATED ENTIRELY AND EXCLUSIVELY BY 484
an established and legally cognizable church or denomination that 486
is exempt from federal income taxation under section 501(c)(3) of 487
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 488
preneed cemetery merchandise and services contract pertains to a 489
cemetery that is owned and operated entirely and exclusively by 490
the church or denomination AN ESTABLISHED FRATERNAL ORGANIZATION, 492
OR A MUNICIPAL CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE 493
STATE, TO A CEMETERY THAT IS A NATIONAL CEMETERY, OR TO A 494
CEMETERY THAT IS A FAMILY CEMETERY AS DEFINED IN SECTION 4767.02 495
OF THE REVISED CODE; provided that the church or denomination 496
adopts, on a voluntary basis, rules and other measures ARE 497
ADOPTED to safeguard and secure all moneys received under a 499
preneed cemetery merchandise and services contract. 500
(P) This section does not prohibit persons other than 502
cemetery corporations or associations from selling outer burial 503
containers, monuments, markers, urns, or other types of 505
merchandise customarily sold by cemeteries pursuant to a preneed 506
cemetery merchandise and services contract; however all sellers 507
of merchandise pursuant to a preneed cemetery merchandise and 508
services contract shall comply with this section unless the
seller is specifically exempt from this section. 509
(Q) Any contract for preneed services or merchandise 511
entered into with a cemetery not registered under section 4767.03 512
of the Revised Code is voidable. 513
12
Sec. 3705.17. The body of a person whose death occurs in 522
Ohio THIS STATE shall not be interred, deposited in a vault or 523
tomb, cremated, or otherwise disposed of by a funeral director 525
until a burial permit is issued by a local registrar or 526
sub-registrar of vital statistics. No such permit shall be 527
issued by a local registrar or sub-registrar until a satisfactory 528
death, fetal death, or provisional death certificate is filed 529
with the local registrar or sub-registrar. When the medical 531
certification as to the cause of death cannot be provided by the 532
attending physician or coroner prior to burial, for sufficient 533
cause, as determined by rule of the director of health, the 534
funeral director may file a provisional death certificate with 535
the local registrar or sub-registrar for the purpose of securing 536
a burial or burial-transit permit. When the funeral director 537
files a provisional death certificate to secure a burial or 538
burial-transit permit, such THE funeral director shall file a 540
satisfactory and complete death certificate within five days 541
after the date of death. The director OF HEALTH, by rule, may
provide additional time for filing a satisfactory death 543
certificate. A burial permit authorizing cremation shall not be 544
issued upon the filing of a provisional certificate of death. 545
When a funeral director or other person obtains a burial 547
permit from a local registrar or sub-registrar, the registrar or 548
sub-registrar shall charge a fee of two THREE dollars and fifty 550
cents for the issuance of a THE burial permit. Two dollars AND 551
FIFTY CENTS of each fee collected for a burial permit shall be 553
paid into the state treasury to the credit of the division of 554
real estate in the department of commerce to be used by the 555
division of real estate in discharging its duties prescribed in 556
Chapter 4767. of the Revised Code and the Ohio cemetery dispute 557
resolution commission created by section 4767.05 of the Revised 558
Code. A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS 559
OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS 560
SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE 561
13
FREQUENTLY, IF POSSIBLE. The director of health shall, by rule, 562
SHALL provide for the issuance of a burial permit without the 564
payment of the fee required by this section if the total cost of 565
the burial will be paid by an agency or instrumentality of the 566
United States, the state or a state agency, or a political 567
subdivision of the state.
The director of commerce may by rule adopted in accordance 569
with Chapter 119. of the Revised Code reduce the total amount of 570
the fee required by this section and that portion of the amount 571
of the fee required to be paid to the credit of the division of 572
real estate for the use of the division and the Ohio cemetery 573
dispute resolution commission, if the director determines that 575
the total amount of funds the fee is generating at the amount 576
required by this section exceeds the amount of funds the division 577
of real estate and the commission need to carry out their powers 579
and duties prescribed in Chapter 4767. of the Revised Code. 580
No person in charge of any premises in which interments or 582
cremations are made shall inter or cremate or otherwise dispose 583
of a body, unless it is accompanied by a burial permit. Each 584
person in charge of a cemetery, crematory, or other place of 585
disposal, shall indorse upon the A burial permit the date of 587
interment, cremation, or other disposal and shall retain such 588
permits for a period of at least five years. The person in 590
charge shall keep an accurate record of all interments, 591
cremations, or other disposal of dead bodies, made in the 592
premises under the person's charge, stating the name of the
deceased person, place of death, date of burial, cremation, or 594
other disposal, and name and address of the funeral director. 595
Such record shall at all times be open to public inspection. 596
Sec. 4767.01. As used in sections 4767.01 to 4767.08 of 605
the Revised Code: 606
(A) "Cemetery," "interment," "burial right," "entombment 608
right," and "columbarium right" have the same meanings as in 610
section 1721.21 of the Revised Code. 611
14
(B) "Political subdivision" has the same meaning as in 613
section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL 615
CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC 616
AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF 617
THIS STATE.
(C) "Division of real estate" may be used interchangeably 620
with, and for all purposes has the same meaning as, "division of 621
real estate and professional licensing." 622
(D) "Superintendent" or "superintendent of the division of 625
real estate" means the superintendent of the division of real 626
estate and professional licensing of this state. Whenever the 627
division or superintendent of real estate is referred to or 628
designated in any statute, rule, contract, or other document, the 629
reference or designation shall be deemed to refer to the division 630
or superintendent of real estate and professional licensing, as 631
the case may be. 632
Sec. 4767.03. (A)(1) The owner or the person responsible 641
for the operation and maintenance of a cemetery shall apply to 642
the division of real estate in the department of commerce to 643
register the cemetery on forms prescribed by the division. With 644
the application, the applicant shall submit such THE 645
documentation as required in division (A) of section 4767.04 of 647
the Revised Code and a registration fee of twenty-five dollars 648
for one cemetery, forty dollars for two cemeteries, and fifty 649
dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE 650
REQUIRED OF ANY POLITICAL SUBDIVISION. 651
(2) The director of commerce, by rule adopted in 653
accordance with Chapter 119. of the Revised Code, may reduce the 654
amount of the registration fee required by this section in any 655
year if the director determines that the total amount of funds 657
the fee is generating at the amount specified by this section 658
exceeds the amount of funds the division of real estate and the 659
Ohio cemetery dispute resolution commission created by section 660
4767.05 of the Revised Code need to carry out their powers and 662
15
duties under this chapter. If the director so reduces the amount 663
of the registration fee, the director shall reduce it for all 664
owners or other persons required to pay the fee under division 666
(A)(1) of this section and shall require that the reduced fee be 667
paid according to the number of cemeteries owned, operated, or 668
maintained as required under that division. If the director has 669
reduced the fee under division (A)(2) of this section, the 670
director may later raise it up to the amounts specified in 672
division (A)(1) of this section if, in any year, the director 673
determines that the total amount of funds the fee is generating 675
at the reduced amount is insufficient for the division of real 676
estate and the Ohio cemetery dispute resolution commission to 677
carry out their powers and duties under this chapter. 679
(B) Upon receipt of the completed application form, 681
documentation, and, IF REQUIRED, registration fee, the division 683
of real estate shall issue a certificate of registration to the 684
applicant. The applicant shall display the certificate in a 685
conspicuous place on the premises of the cemetery for which the 686
registration was obtained, except that, if the applicant is the 687
legislative authority GOVERNING BODY of a political subdivision 688
or person acting on behalf of that authority GOVERNING BODY, the 690
certificate shall be kept on file and BE available for public 692
inspection at the office of the legislative authority GOVERNING 693
BODY.
(C) Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 695
EACH registration issued pursuant to this section shall expire 697
annually on the thirtieth day of June and may be renewed. The 698
renewal fee shall be the same as the initial registration fees 699
prescribed in division (A) of this section.
THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A 701
POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL 702
SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY. A 703
POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT 704
REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY 705
16
UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER
DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS 707
ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY. 708
(D) All registration and renewal fees collected pursuant 710
to this section shall be paid into the state treasury to the 711
credit of the division of real estate in the department of 712
commerce to be used by the division to carry out its powers and 713
duties under this chapter and by the Ohio cemetery dispute 714
resolution commission created by section 4767.05 of the Revised 716
Code. 717
Sec. 4767.04. (A) To qualify a cemetery for a certificate 726
of registration, the applicant shall submit to the division of 727
real estate the following information: 728
(1) The name of the cemetery; 730
(2) The street address, city, village, or township, and 732
county where the cemetery is located, and the mailing address if 733
different from the street address; 734
(3) The name and address of the person who owns the 736
cemetery; 737
(4) The name and address of the person responsible for the 739
operation and maintenance of the cemetery; 740
(5) A copy of the most recent annual report of the 742
cemetery if required by the Ohio DIVISION OF real estate 743
commission pursuant to section 1721.211 of the Revised Code OR IF 745
REQUIRED BY THE OHIO CEMETERY DISPUTE RESOLUTION COMMISSION. If 746
the cemetery is owned by a cemetery company or association, a 747
copy of the annual report for the previous year of all of the 748
assets and investments of the endowment care funds TRUST of the 749
COMPANY OR association as prepared pursuant to section 1721.21 of 751
the Revised Code shall be submitted to the division. 752
(B) If any of the information required in division (A) of 754
this section changes at any time, the person responsible for the 755
operation and maintenance of the cemetery shall submit written 756
notification of the change to the division within thirty days of 757
17
the change occurring. 758
(C) IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH 760
IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL 761
SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE 762
SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING 763
OR INTENDS TO OPEN A NEW CEMETERY, ITS GOVERNING BODY SHALL 764
NOTIFY THE DIVISION AT LEAST THIRTY DAYS BEFORE THE ACQUISITION 765
OR OPENING TO RENEW THE REGISTRATION OF THE EXISTING CEMETERY OR 766
TO REGISTER THE NEW CEMETERY.
Sec. 4767.08. (A) The OHIO cemetery dispute resolution 775
commission, on its own motion or as a result of a complaint 776
received pursuant to section 4767.07 of the Revised Code and with 777
good cause shown, shall investigate or cause to be investigated 778
alleged violations of sections 1721.19, 1721.20, 1721.21, 779
1721.211, 4735.02, 4735.22, and 4765.03 4767.03 of the Revised 780
Code. If the commission or the superintendent of the division of 782
real estate in the department of commerce believes that a 783
violation has occurred, the commission or superintendent shall do 784
all of the following: 785
(1) Review the financial records of the cemetery to ensure 787
compliance with sections 1721.21 and 1721.211 of the Revised 788
Code;
(2) Request the prosecuting attorney of the county in 791
which the alleged violation occurred to initiate such proceedings 792
as are appropriate.
(B) If, as a result of an investigation, the commission or 794
the superintendent believes that a person has violated Chapter 795
1345. of the Revised Code, the commission or superintendent shall 796
report the findings to the attorney general. 797
(C) The commission, at any time, may dismiss a complaint 799
if it determines there is not good cause shown for the complaint. 800
If the commission dismisses a complaint, it shall notify the 801
person who filed the complaint within twenty days of reaching its 802
decision and identify the reason why the complaint was dismissed. 803
18
(D) When necessary for the division of real estate in the 805
department of commerce to perform the duties required by sections 806
4767.07 and 4767.08 of the Revised Code, the superintendent of 807
the division, after consultation with at least a majority of the 808
members of the cemetery dispute resolution commission, may issue 810
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 811
Section 2. That existing sections 1721.21, 1721.211, 813
3705.17, 4767.01, 4767.03, 4767.04, and 4767.08 of the Revised 815
Code are hereby repealed. 816