130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

As Introduced

123rd General Assembly
Regular Session
1999-2000
H. B. No. 531

REPRESENTATIVES HOLLISTER-SCHULER-METZGER-D. MILLER- VAN VYVEN-HARTNETT-CLANCY-GRENDELL-REDFERN-WILLAMOWSKI- NETZLEY-TERWILLEGER-TAYLOR-PETERSON-SMITH-BUEHRER-BRITTON- DISTEL-ROMAN-KRUPINSKI-SULLIVAN-HARRIS-BENDER


A BILL
To amend sections 3705.17, 4767.01, 4767.03, and 4767.04 of the Revised Code to exempt certain political subdivisions from the requirement of paying a cemetery registration fee and to make changes to the law governing fees for the issuance of burial permits.

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


Section 1. That sections 3705.17, 4767.01, 4767.03, and 4767.04 of the Revised Code be amended to read as follows:

Sec. 3705.17. The body of a person whose death occurs in Ohio THIS STATE shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of by a funeral director until a burial permit is issued by a local registrar or sub-registrar of vital statistics. No such permit shall be issued by a local registrar or sub-registrar until a satisfactory death, fetal death, or provisional death certificate is filed with the local registrar or sub-registrar. When the medical certification as to the cause of death cannot be provided by the attending physician or coroner prior to burial, for sufficient cause, as determined by rule of the director of health, the funeral director may file a provisional death certificate with the local registrar or sub-registrar for the purpose of securing a burial or burial-transit permit. When the funeral director files a provisional death certificate to secure a burial or burial-transit permit, such THE funeral director shall file a satisfactory and complete death certificate within five days after the date of death. The director OF HEALTH, by rule, may provide additional time for filing a satisfactory death certificate. A burial permit authorizing cremation shall not be issued upon the filing of a provisional certificate of death.

When a funeral director or other person obtains a burial permit from a local registrar or sub-registrar, the registrar or sub-registrar shall charge a fee of two THREE dollars and fifty cents for the issuance of a THE burial permit. Two dollars AND FIFTY CENTS of each fee collected for a burial permit shall be paid into the state treasury to the credit of the division of real estate in the department of commerce to be used by the division of real estate in discharging its duties prescribed in Chapter 4767. of the Revised Code and the Ohio cemetery dispute resolution commission created by section 4767.05 of the Revised Code. A LOCAL REGISTRAR OR SUB-REGISTRAR SHALL TRANSMIT PAYMENTS OF THAT PORTION OF THE AMOUNT OF EACH FEE COLLECTED UNDER THIS SECTION TO THE TREASURER OF STATE ON A QUARTERLY BASIS OR MORE FREQUENTLY, IF POSSIBLE. The director of health shall, by rule, SHALL provide for the issuance of a burial permit without the payment of the fee required by this section if the total cost of the burial will be paid by an agency or instrumentality of the United States, the state or a state agency, or a political subdivision of the state.

The director of commerce may by rule adopted in accordance with Chapter 119. of the Revised Code reduce the total amount of the fee required by this section and that portion of the amount of the fee required to be paid to the credit of the division of real estate for the use of the division and the Ohio cemetery dispute resolution commission, if the director determines that the total amount of funds the fee is generating at the amount required by this section exceeds the amount of funds the division of real estate and the commission need to carry out their powers and duties prescribed in Chapter 4767. of the Revised Code.

No person in charge of any premises in which interments or cremations are made shall inter or cremate or otherwise dispose of a body, unless it is accompanied by a burial permit. Each person in charge of a cemetery, crematory, or other place of disposal, shall indorse upon the A burial permit the date of interment, cremation, or other disposal and shall retain such permits for a period of at least five years. The person in charge shall keep an accurate record of all interments, cremations, or other disposal of dead bodies, made in the premises under the person's charge, stating the name of the deceased person, place of death, date of burial, cremation, or other disposal, and name and address of the funeral director. Such record shall at all times be open to public inspection.

Sec. 4767.01. As used in sections 4767.01 to 4767.08 of the Revised Code:

(A) "Cemetery," "interment," "burial right," "entombment right," and "columbarium right" have the same meanings as in section 1721.21 of the Revised Code.

(B) "Political subdivision" has the same meaning as in section 3501.01 of the Revised Code MEANS ONE OR MORE MUNICIPAL CORPORATIONS, TOWNSHIPS, OR OTHER BODIES CORPORATE AND POLITIC AUTHORIZED TO OPERATE AND MAINTAIN A CEMETERY UNDER THE LAW OF THIS STATE.

(C) "Division of real estate" may be used interchangeably with, and for all purposes has the same meaning as, "division of real estate and professional licensing."

(D) "Superintendent" or "superintendent of the division of real estate" means the superintendent of the division of real estate and professional licensing of this state. Whenever the division or superintendent of real estate is referred to or designated in any statute, rule, contract, or other document, the reference or designation shall be deemed to refer to the division or superintendent of real estate and professional licensing, as the case may be.

Sec. 4767.03. (A)(1) The owner or the person responsible for the operation and maintenance of a cemetery shall apply to the division of real estate in the department of commerce to register the cemetery on forms prescribed by the division. With the application, the applicant shall submit such THE documentation as required in division (A) of section 4767.04 of the Revised Code and a registration fee of twenty-five dollars for one cemetery, forty dollars for two cemeteries, and fifty dollars for three or more cemeteries, EXCEPT THAT NO FEE SHALL BE REQUIRED OF ANY POLITICAL SUBDIVISION.

(2) The director of commerce, by rule adopted in accordance with Chapter 119. of the Revised Code, may reduce the amount of the registration fee required by this section in any year if the director determines that the total amount of funds the fee is generating at the amount specified by this section exceeds the amount of funds the division of real estate and the Ohio cemetery dispute resolution commission created by section 4767.05 of the Revised Code need to carry out their powers and duties under this chapter. If the director so reduces the amount of the registration fee, the director shall reduce it for all owners or other persons required to pay the fee under division (A)(1) of this section and shall require that the reduced fee be paid according to the number of cemeteries owned, operated, or maintained as required under that division. If the director has reduced the fee under division (A)(2) of this section, the director may later raise it up to the amounts specified in division (A)(1) of this section if, in any year, the director determines that the total amount of funds the fee is generating at the reduced amount is insufficient for the division of real estate and the Ohio cemetery dispute resolution commission to carry out their powers and duties under this chapter.

(B) Upon receipt of the completed application form, documentation, and, IF REQUIRED, registration fee, the division of real estate shall issue a certificate of registration to the applicant. The applicant shall display the certificate in a conspicuous place on the premises of the cemetery for which the registration was obtained, except that, if the applicant is the legislative OR OTHER GOVERNING authority of a political subdivision or person acting on behalf of that authority, the certificate shall be kept on file and BE available for public inspection at the office of the legislative OR OTHER GOVERNING authority.

(C) Each EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, EACH registration issued pursuant to this section shall expire annually on the thirtieth day of June and may be renewed. The renewal fee shall be the same as the initial registration fees prescribed in division (A) of this section.

THE REGISTRATION OF A CEMETERY OPERATED AND MAINTAINED BY A POLITICAL SUBDIVISION SHALL NOT EXPIRE UNLESS THE POLITICAL SUBDIVISION CEASES TO OPERATE AND MAINTAIN THE CEMETERY. A POLITICAL SUBDIVISION OPERATING AND MAINTAINING A CEMETERY IS NOT REQUIRED TO RENEW OR UPDATE THE REGISTRATION OF THAT CEMETERY UNLESS THERE IS A CHANGE IN THE INFORMATION REQUIRED UNDER DIVISION (A) OF SECTION 4767.04 OF THE REVISED CODE OR UNLESS ADDITIONAL LAND IS ACQUIRED TO INCREASE THE SIZE OF THE CEMETERY.

(D) All registration and renewal fees collected pursuant to this section shall be paid into the state treasury to the credit of the division of real estate in the department of commerce to be used by the division to carry out its powers and duties under this chapter and by the Ohio cemetery dispute resolution commission created by section 4767.05 of the Revised Code.

Sec. 4767.04. (A) To qualify a cemetery for a certificate of registration, the applicant shall submit to the division of real estate the following information:

(1) The name of the cemetery;

(2) The street address, city, village, or township, and county where the cemetery is located, and the mailing address if different from the street address;

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

(4) The name and address of the person responsible for the operation and maintenance of the cemetery;

(5) A copy of the most recent annual report of the cemetery if required by the Ohio real estate commission pursuant to section 1721.211 of the Revised Code. If the cemetery is owned by a cemetery company or association, a copy of the annual report for the previous year of all of the assets and investments of the endowment care funds of the COMPANY OR association as prepared pursuant to section 1721.21 of the Revised Code shall be submitted to the division.

(B) If any of the information required in division (A) of this section changes at any time, the person responsible for the operation and maintenance of the cemetery shall submit written notification of the change to the division within thirty days of the change occurring.

(C) IN ADDITION TO SATISFYING THE REQUIREMENTS SET FORTH IN DIVISIONS (A) AND (B) OF THIS SECTION, IF A POLITICAL SUBDIVISION INTENDS TO ACQUIRE ADDITIONAL LAND TO INCREASE THE SIZE OF AN EXISTING CEMETERY THAT IT IS OPERATING AND MAINTAINING OR INTENDS TO OPEN A NEW CEMETERY, ITS LEGISLATIVE OR OTHER GOVERNING AUTHORITY SHALL NOTIFY THE DIVISION AT LEAST THIRTY DAYS BEFORE THE ACQUISITION OR OPENING TO RENEW THE REGISTRATION OF THE EXISTING CEMETERY OR TO REGISTER THE NEW CEMETERY.


Section 2. That existing sections 3705.17, 4767.01, 4767.03, and 4767.04 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer