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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.
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