SB 323

As Introduced
136th General Assembly
   Regular Session  S. B. No. 323
       2025-2026
  Senator Blessing
  To amend sections 9.15, 313.12, 759.01, 1713.36,  1
  1721.06, 1721.18, 1721.21, 2108.15, 2108.70,  2
  2108.72, 2108.75, 2108.82, 2108.83, 2108.84,  3
  2108.85, 2108.86, 2108.87, 2111.13, 2743.51,  4
  2925.01, 3705.01, 3705.18, 3705.19, 3705.20,  5
  4511.451, 4717.01, 4717.03, 4717.04, 4717.06,  6
  4717.07, 4717.08, 4717.11, 4717.13, 4717.14,  7
  4717.15, 4717.20, 4717.21, 4717.22, 4717.23,  8
  4717.24, 4717.25, 4717.26, 4717.27, 4717.28,  9
  4717.29, 4717.30, 4717.36, 4717.41, 4767.02,  10
  4767.05, 5120.45, 5121.11, 5121.53, 5901.25,  11
  5901.26, 5901.27, 5901.29, and 5901.32 of the  12
  Revised Code to provide for the natural organic  13
  reduction of remains.  14
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 9.15, 313.12, 759.01, 1713.36,  15
1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72, 2108.75,  16
2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2111.13,  17
2743.51, 2925.01, 3705.01, 3705.18, 3705.19, 3705.20, 4511.451,        18
4717.01, 4717.03, 4717.04, 4717.06, 4717.07, 4717.08, 4717.11,  19
4717.13, 4717.14, 4717.15, 4717.20, 4717.21, 4717.22, 4717.23,  20
4717.24, 4717.25, 4717.26, 4717.27, 4717.28, 4717.29, 4717.30,  21
S. B. No. 323  Page 2
As Introduced
4717.36, 4717.41, 4767.02, 4767.05, 5120.45, 5121.11, 5121.53,  22
5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the Revised  23
Code be amended to read as follows:  24
       Sec. 9.15. As used in this section, "legal residence"  25
means a permanent place of abode used or occupied as living  26
quarters at the time of a person's death, including a nursing  27
home, hospital, or other care facility.  28
       When the body of a dead person is found in a township or  29
municipal corporation, and such person was not an inmate of a  30
correctional, benevolent, or charitable institution of this  31
state, and the body is not claimed by any person for private  32
interment or , cremation, or reduction at the person's own  33
expense, or delivered for the purpose of medical or surgical  34
study or dissection in accordance with section 1713.34 of the  35
Revised Code, it shall be disposed of as follows:  36
       (A) If the person was a legal resident of the county, the  37
proper officers of the township or municipal corporation in  38
which the person's body was found shall cause it to be buried or  39
, cremated, or reduced at the expense of the township or  40
municipal corporation in which the person had a legal residence  41
at the time of death.  42
       (B) If the person had a legal residence in any other  43
county of the state at the time of death, the superintendent of  44
the county home of the county in which such body was found shall  45
cause it to be buried or , cremated, or reduced at the expense  46
of the township or municipal corporation in which the person had  47
a legal residence at the time of death.  48
       (C) If the person was an inmate of a correctional  49
institution of the county or a patient or resident of a  50
S. B. No. 323  Page 3
As Introduced
benevolent institution of the county, the person had no legal  51
residence in the state, or the person's legal residence is  52
unknown, the superintendent shall cause the person to be buried  53
or , cremated, or reduced at the expense of the county.  54
       Such officials shall provide, at the grave of the person  55
or, if the person's cremated or reduced remains are buried, at  56
the grave of the person's cremated remains, a metal, stone, or  57
concrete marker on which the person's name and age, if known,  58
and date of death shall be inscribed.  59
       A political subdivision is not relieved of its duty to  60
bury or , cremate, or reduce a person at its expense under this  61
section when the body is claimed by an indigent person. As used  62
in this section, "indigent person" means a person whose income  63
does not exceed one hundred fifty per cent of the federal  64
poverty line, as revised annually by the United States  65
department of health and human services in accordance with  66
section 673(2) of the "Omnibus Budget Reconciliation Act of  67
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family  68
size equal to the size of the person's family.  69
       Sec. 313.12. (A)(1) When any person dies in circumstances  70
as described in division (A)(2) of this section, the physician,  71
certified nurse-midwife, clinical nurse specialist, or certified  72
nurse practitioner called in attendance and any of the following  73
who obtains knowledge thereof arising from the person's duties,  74
shall immediately notify the office of the coroner of the known  75
facts concerning the time, place, manner, and circumstances of  76
the death, and any other information that is required pursuant  77
to sections 313.01 to 313.22 of the Revised Code:  78
       (a) A health care worker caring for the person;  79
S. B. No. 323  Page 4
As Introduced
       (b) Any member of an ambulance service or emergency squad;  80
       (c) A law enforcement agency.  81
       (2) The notification required by division (A)(1) of this  82
section applies in all of the following circumstances:  83
       (a) When any person dies as a result of criminal or other  84
violent means, by casualty, by suicide, or in any suspicious or  85
unusual manner;  86
       (b) When any person, including a child under two years of  87
age, dies suddenly when in apparent good health;  88
       (c) When any person with a developmental disability dies  89
regardless of the circumstances.  90
       (3) In the case of a death in circumstances as described  91
in division (A)(2) of this section, if a request is made for  92
cremation or reduction, the funeral director called in  93
attendance shall immediately notify the coroner.  94
       (B) As used in this section:  95
       (1) "Developmental disability" has the same meaning as in  96
section 5123.01 of the Revised Code.  97
       (2) "Health care worker" means any individual licensed or  98
otherwise authorized by the state to practice a health care  99
profession and any other individual who provides health-related  100
services in any setting as part of the individual's employment  101
or otherwise for remuneration.  102
       Sec. 759.01. Any municipal corporation may provide public  103
cemeteries and , crematories, or reduction facilities for burial  104
or , incineration, or reduction of the dead and regulate public  105
and private cemeteries, and crematories, and reduction  106
S. B. No. 323  Page 5
As Introduced
facilities. Any cemetery established by a municipal corporation  107
shall register with the division of real estate in the  108
department of commerce pursuant to section 4767.03 of the  109
Revised Code. Any cemetery of that nature is subject to Chapter  110
4767. and to sections 517.23 to 517.25 and 1721.211 of the  111
Revised Code in addition to being subject to this chapter.  112
       Sec. 1713.36. After the bodies referred to in section  113
1713.34 of the Revised Code have been subjected to medical or  114
surgical examination or dissection or for the study of  115
embalming, the remains thereof shall be interred, or shall be  116
cremated or reduced and the ashes remains interred, in some  117
suitable place at the expense of the parties in whose keeping  118
the corpse was placed.  119
       Sec. 1721.06. After paying for its land, a cemetery  120
company or association shall apply all its receipts and income,  121
whether from sale of lots, from donations, or otherwise,  122
exclusively to laying out, preserving, protecting, and  123
embellishing the cemetery and avenues within it or leading to  124
it, to the erection of buildings necessary or appropriate for  125
cemetery purposes, and to paying the necessary expenses of the  126
cemetery company or association. No debts shall be incurred by  127
the cemetery company or association except for purchasing,  128
laying out, inclosing, and embellishing the ground, buildings  129
necessary or appropriate for cemetery purposes, and avenues, for  130
which purposes it may contract debts to be paid out of future  131
receipts. For purposes of this section, buildings appropriate  132
for cemetery purposes include, but are not limited to, buildings  133
for crematory or reduction facilities, funeral homes, and other  134
buildings intended to produce income for the cemetery company or  135
association.  136
S. B. No. 323  Page 6
As Introduced
       No part of the funds of a cemetery company or association,  137
or of the proceeds of land sold by it, shall ever be divided  138
among its stockholders or lot owners, and all its funds shall be  139
used exclusively for the purposes of the company or association  140
as specified in this section, or invested in a fund the income  141
of which shall be so used and appropriated.  142
       Sec. 1721.18. Any company or association incorporated for  143
the erection and maintenance of a crematory or reduction  144
facility may exercise all the rights and powers conferred by  145
sections 1721.01 to 1721.18, inclusive, of the Revised Code,  146
subject to the conditions provided in such sections. No building  147
shall be erected for such a purpose within two hundred yards of  148
a dwelling house unless the owner of the dwelling house gives  149
his the owner's consent. No person, company, association, or  150
firm shall establish a morgue on a street upon which there are  151
dwelling houses unless the owners or occupants of all dwelling  152
houses within two hundred yards of the proposed morgue give  153
their written consent thereto. This section does not apply to a  154
crematory built, or a morgue established, as of on or before  155
April 3, 1900.  156
       Sec. 1721.21. (A) As used in this section:  157
       (1) "Person" means any corporation, company, partnership,  158
individual, or other entity owning or operating a cemetery for  159
the disposition of human remains.  160
       (2) "Cemetery" means any one or a combination of more than  161
one of the following:  162
       (a) A burial ground for earth interments;  163
       (b) A mausoleum for crypt entombments;  164
       (c) A columbarium for the deposit of cremated or reduced  165
S. B. No. 323  Page 7
As Introduced
remains;  166
       (d) A scattering ground for the spreading of cremated or  167
reduced remains.  168
       (3) "Interment" means the disposition of human remains by  169
earth burial, entombment, or inurnment.  170
       (4) "Burial right" means the right of earth interment.  171
       (5) "Entombment right" means the right of entombment in a  172
mausoleum.  173
       (6) "Columbarium right" means the right of inurnment in a  174
columbarium for cremated or reduced remains.  175
       (7) "Human remains" means any part of the body of a  176
deceased human being, in any stage of decomposition or state of  177
preservation, or the remaining bone fragments from the body of a  178
deceased human being that has been reduced by cremation,  179
reduction, or alternative disposition.  180
       (B) No person shall operate or continue to operate any  181
cemetery in this state unless an endowment care trust is  182
established and maintained as required by this section.  183
       (C) Any person desiring to operate any cemetery that is  184
organized or developed after July 1, 1970, before offering to  185
sell or selling any burial lot, burial right, entombment right,  186
or columbarium right in that cemetery, shall first establish an  187
endowment care trust, segregated from other assets, and place in  188
that fund a minimum of fifty thousand dollars in cash or in  189
bonds of the United States, this state, or any county or  190
municipal corporation of this state.  191
       Whenever any person described in this division has placed  192
another fifty thousand dollars in the endowment care trust out  193
S. B. No. 323  Page 8
As Introduced
of gross sales proceeds, in addition to the deposit required by  194
this division, that person, after submitting proof of this fact  195
to the trustees of the endowment care trust, may be paid a  196
distribution in the sum of fifty thousand dollars from the  197
endowment care trust.  198
       (D) Any person desiring to operate or to continue to  199
operate any cemetery after July 1, 1970, shall place into the  200
endowment care trust as required by this section not less than  201
ten per cent of the gross sales proceeds received from the sale  202
of any burial lot, burial right, entombment right, or  203
columbarium right. This percentage shall be placed in the  204
endowment care trust no later than thirty days following the  205
month in which the entire gross sales are received.  206
       (E) The trustees of the endowment care trust shall consist  207
of at least three individuals who have been residents of the  208
county in which the cemetery is located for at least one year,  209
or a trust company licensed under Chapter 1111. of the Revised  210
Code or a national bank or federal savings association that has  211
securities pledged in accordance with section 1111.04 of the  212
Revised Code. If the trustees are not a financial institution or  213
trust company, the trustees shall be bonded by a fidelity bond,  214
or insured under an insurance policy less any deductible, in an  215
aggregate amount of not less than one hundred per cent of the  216
funds held by the trustees. The trustees or their agent shall,  217
on a continuous basis, keep exact records as to the amount of  218
funds under any joint account or trust instrument being held for  219
the individual beneficiaries showing the amount paid, the amount  220
deposited and invested, and accruals and income.  221
       The funds of the endowment care trust shall be held and  222
invested in the manner in which trust funds are permitted to be  223
S. B. No. 323  Page 9
As Introduced
held and invested pursuant to sections 2109.37 and 2109.371 of  224
the Revised Code or, if provided for in the instrument creating  225
the trust, pursuant to the Ohio Uniform Prudent Investor Act.  226
       (F) Any person offering to sell or selling any burial lot,  227
burial right, entombment right, or columbarium right shall give  228
to the purchaser of the lot or right, at the time of sale, a  229
written agreement that identifies and unconditionally guarantees  230
to the purchaser the specific location of the lot or the  231
specific location to which the right applies.  232
       (G) No person shall open or close any grave, crypt, or  233
niche for the interment of human remains in a cemetery without  234
the permission of the cemetery association or other entity  235
having control and management of the cemetery.  236
       (H) Except as provided in division (G) of this section,  237
this section does not apply to a family cemetery as defined in  238
section 4767.02 of the Revised Code, to any cemetery that is  239
owned and operated entirely and exclusively by churches,  240
religious societies, established fraternal organizations,  241
municipal corporations, or other political subdivisions of the  242
state, or to a national cemetery.  243
       (I) The distribution from the endowment care trust shall  244
be used only to pay for both of the following:  245
       (1) The cost and expenses incurred to establish, manage,  246
invest, and administer the records and the trust;  247
       (2) The maintenance, supervision, improvement, and  248
preservation of the grounds, lots, buildings, equipment,  249
statuary, and other real and personal property of the cemetery.  250
       (J)(1) Annual reports of all the assets and investments of  251
the endowment care trust shall be prepared and maintained, and  252
S. B. No. 323  Page 10
As Introduced
shall be available for inspection at reasonable times by any  253
owner of interment rights in the cemetery.  254
       (2) Every cemetery required to establish and maintain an  255
endowment care trust shall ensure each of the following:  256
       (a) That the cemetery has deposited, at the time specified  257
in division (D) of this section, the amounts required by that  258
division in the cemetery's endowment care trust;  259
       (b) That the cemetery used the amounts withdrawn only for  260
the purposes specified in division (I) of this section;  261
       (c) Subject to division (K)(5) of this section, that all  262
principal and capital gains, less any payment of taxes  263
associated with such gains, have remained in the endowment care  264
trust;  265
       (d) That the endowment care trust has not been used to  266
collateralize or guarantee loans and has not otherwise been  267
subjected to any consensual lien;  268
       (e) That the endowment care trust is invested in  269
compliance with the investing standards set forth in sections  270
2109.37 and 2109.371 of the Revised Code, or, if provided for in  271
the instrument creating the trust, the Ohio Uniform Prudent  272
Investor Act.  273
       (3) Every cemetery required to establish and maintain an  274
endowment care trust shall do both of the following:  275
       (a) File an affidavit annually with the division of real  276
estate of the department of commerce, in a form prescribed by  277
the division, certifying under oath the cemetery satisfied  278
division (J)(2) of this section;  279
       (b) Notify the division of real estate of the department  280
S. B. No. 323  Page 11
As Introduced
of commerce, in a form prescribed by the division, of the  281
percentage of the unitrust distribution from the endowment care  282
trust, as described in divisions (K)(2)(a)(ii) and (b) of this  283
section.  284
       (K)(1) Every cemetery shall choose the distribution of  285
either of the following from the endowment care trust:  286
       (a) All net ordinary income, which includes collected  287
dividends, interest, and other income earned by the trust,  288
reduced by any expenses, including, but not limited to, taxes on  289
income, fees, commissions, and costs;  290
       (b) A unitrust disbursement not exceeding five per cent of  291
the fair market value of the endowment care fund. "Fair market  292
value," for the purpose of division (K)(1)(b) of this section,  293
means the average of the net fair market value of the assets of  294
the endowment care trust as of the last trading day for each of  295
the three preceding fiscal year ends.  296
       (2)(a) A cemetery that selects the unitrust disbursement  297
distribution method, as provided in division (K)(1)(b) of this  298
section, shall do both of the following:  299
       (i) Deliver to the trustees of the endowment care trust  300
written instructions, including the disbursement percentage  301
selected, not later than sixty days prior to the beginning of a  302
calendar year;  303
       (ii) Deliver to the division of real estate of the  304
department of commerce notification that the cemetery selected  305
the unitrust disbursement method and the percentage selected, in  306
compliance with division (J)(3)(b) of this section.  307
       (b) The distribution method and, if a unitrust  308
disbursement, the disbursement percentage selected shall remain  309
S. B. No. 323  Page 12
As Introduced
in effect unless the cemetery notifies the trustees and the  310
division of real estate of the department of commerce of its  311
desire to effect a change. The trustees shall ensure that an  312
investment policy is in place whose goals and objectives are  313
supportive of the growth of the endowment care trust.  314
       (3) Distributions from the endowment care trust shall be  315
made on a monthly, quarterly, semiannual, or annual basis, as  316
agreed upon by the cemetery and the trustees. If the trustees do  317
not receive written instructions from the cemetery informing the  318
trustees of the method of calculation and distribution chosen,  319
the trustees shall calculate and distribute the net income, as  320
earned, on a monthly basis.  321
       (4) In order to withdraw a unitrust disbursement, the fair  322
market value of the endowment care trust after the disbursement  323
shall be greater than eighty per cent of the aggregate fair  324
market value of the endowment care trust as of the end of the  325
immediately preceding calendar year. Should this not be the  326
case, disbursement shall be limited for that year to net  327
ordinary income.  328
       (5) The trustees shall pay reasonable operating expenses  329
and taxes of the endowment care trust itself. If the operating  330
expenses and taxes paid are greater than two and one-half per  331
cent of the fair market value for the preceding calendar year  332
end and the cemetery has selected a unitrust disbursement, the  333
trustees shall reduce the unitrust disbursement by the amount  334
exceeding two and one-half per cent.  335
       Sec. 2108.15. Subject to division (I) of section 2108.11  336
and sections 2108.26 to 2108.272 of the Revised Code, the rights  337
of the person to which a part passes under section 2108.11 of  338
the Revised Code shall be superior to the rights of all others  339
S. B. No. 323  Page 13
As Introduced
with respect to the part. The person may accept or reject an  340
anatomical gift in whole or in part.  341
       Subject to the terms of the document of gift and sections  342
2108.01 to 2108.29 of the Revised Code, a person that accepts an  343
anatomical gift of an entire body may allow embalming, burial,  344
or cremation, or reduction, and use of remains in a funeral  345
service. If the gift is of a part, the person to whom the part  346
passes under section 2108.11 of the Revised Code, upon the death  347
of the donor and before embalming, burial, or cremation, or  348
reduction, shall cause the part to be removed without  349
unnecessary mutilation. After removal of the part, custody of  350
the remainder of the decedent's body passes to the persons to  351
whom the right of disposition for the body has been assigned  352
pursuant to section 2108.70 of the Revised Code or who have the  353
right of disposition for the body as described in section  354
2108.81 of the Revised Code.  355
       Sec. 2108.70. (A) As used in this section and sections  356
2108.71 to 2108.90 of the Revised Code:  357
       (1) "Adult" means an individual who is eighteen years of  358
age or older.  359
       (2) "Declarant" means an adult who has executed a written  360
declaration described in division (B) of this section.  361
       (3) "Representative" means an adult or a group of adults,  362
collectively, to whom a declarant has assigned the right of  363
disposition.  364
       (4) "Right of disposition" means one or more of the rights  365
described in division (B) of this section that a declarant  366
chooses to assign to a representative in a written declaration  367
executed under that division or all of the rights described in  368
S. B. No. 323  Page 14
As Introduced
division (B) of this section that are assigned to a person  369
pursuant to section 2108.81 of the Revised Code.  370
       (5) "Successor representative" means an adult or group of  371
adults, collectively, to whom the right of disposition for a  372
declarant has been reassigned because the declarant's  373
representative is disqualified from exercising the right under  374
section 2108.75 of the Revised Code. Each successor  375
representative shall be considered in the order the  376
representative is designated by the declarant.  377
       (B) An adult who is of sound mind may execute at any time  378
a written declaration assigning to a representative one or more  379
of the following rights:  380
       (1) The right to direct the disposition, after death, of  381
the declarant's body or any part of the declarant's body that  382
becomes separated from the body before death. This right  383
includes the right to determine the location, manner, and  384
conditions of the disposition of the declarant's bodily remains.  385
       (2) The right to make arrangements and purchase goods and  386
services for the declarant's funeral. This right includes the  387
right to determine the location, manner, and condition of the  388
declarant's funeral.  389
       (3) The right to make arrangements and purchase goods and  390
services for the declarant's burial, cremation, reduction,     or  391
other manner of final disposition. This right includes the right  392
to determine the location, manner, and condition of the  393
declarant's burial, cremation, reduction, or other manner of  394
final disposition.  395
       (C)(1) Subject to division (C)(2) of this section, a  396
declarant may designate a successor representative.  397
S. B. No. 323  Page 15
As Introduced
       (2) If a representative is a group of persons and not all  398
of the persons in the group meet at least one criterion to be  399
disqualified from serving as the representative, as described in  400
section 2108.75 of the Revised Code, the persons in the group  401
who are not disqualified shall remain the representative who has  402
the right of disposition.  403
       (D) The assignment or reassignment of a right of  404
disposition to a representative and a successor representative  405
supercedessupersedes an assignment of a right of disposition  406
under section 2108.81 of the Revised Code.  407
       Sec. 2108.72. (A) The written declaration described in  408
section 2108.70 of the Revised Code shall include all of the  409
following:  410
       (1) The declarant's legal name and present address;  411
       (2) A statement that the declarant, an adult being of  412
sound mind, willfully and voluntarily appoints a representative  413
to have the declarant's right of disposition for the declarant's  414
body upon the declarant's death;  415
       (3) A statement that all decisions made by the declarant's  416
representative with respect to the right of disposition are  417
binding;  418
       (4) The name, last known address, and last known telephone  419
number of the representative or, if the representative is a  420
group of persons, the name, last known address, and last known  421
telephone number of each person in the group;  422
       (5) If the declarant chooses to have a successor  423
representative, a statement that if any person or group of  424
persons named as the declarant's representative is disqualified  425
from serving in such position as described in section 2108.75 of  426
S. B. No. 323  Page 16
As Introduced
the Revised Code, the declarant appoints a successor  427
representative;  428
       (6) If applicable, the name, last known address, and last  429
known telephone number of the successor representative or, if  430
the successor representative is a group of persons, the name,  431
last known address, and last known telephone number of each  432
person in the group;  433
       (7) A space where the declarant may indicate the  434
declarant's preferences regarding how the right of disposition  435
should be exercised, including any religious observances the  436
declarant wishes the person with the right of disposition to  437
consider;  438
       (8) A space where the declarant may indicate one or more  439
sources of funds that may be used to pay for goods and services  440
associated with the exercise of the right of disposition;  441
       (9) A statement that the declarant's written declaration  442
becomes effective on the declarant's death;  443
       (10) A statement that the declarant revokes any written  444
declaration that the declarant executed, in accordance with  445
section 2108.70 of the Revised Code, prior to the execution of  446
the present written declaration;  447
       (11) A space where the declarant can sign and date the  448
written declaration;  449
       (12) A space where a notary public or two witnesses can  450
sign and date the written declaration as described in section  451
2108.73 of the Revised Code.  452
       (B) A written declaration may take the following form:  453
       APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY  454
S. B. No. 323  Page 17
As Introduced
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR , CREMATION, OR  455
REDUCTION GOODS AND SERVICES:  456
       I, _________________ (legal name and present address of  457
declarant), an adult being of sound mind, willfully and  458
voluntarily appoint my representative, named below, to have the  459
right of disposition, as defined in section 2108.70 of the  460
Revised Code, for my body upon my death. All decisions made by  461
my representative with respect to the right of disposition shall  462
be binding.  463
       REPRESENTATIVE:  464
       (If the representative is a group of persons, indicate the  465
name, last known address, and telephone number of each person in  466
the group.)  467
      Name(s):  __________________________  468
      Address(es):  __________________________  469
      Telephone Number(s):      __________________________  470
       SUCCESSOR REPRESENTATIVE:  471
       If my representative is disqualified from serving as my  472
representative as described in section 2108.75 of the Revised  473
Code, then I hereby appoint the following person or group of  474
persons to serve as my successor representative.  475
       (If the successor representative is a group of persons,  476
indicate the name, last known address, and telephone number of  477
each person in the group.)  478
      Name(s):  _________________________  479
      Address(es):  _________________________  480
      Telephone Number(s):      _________________________  481
S. B. No. 323  Page 18
As Introduced
       PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD  482
BE EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT  483
WISHES A REPRESENTATIVE OR A SUCCESSOR REPRESENTATIVE TO  484
CONSIDER:  485
       __________________________________________________________  486
________________________________________________________________  487
________________________________________________________________  488
____________________________________________________________  489
       ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR  490
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF  491
DISPOSITION:  492
       __________________________________________________________  493
________________________________________________________________  494
________________________________________________________________  495
____________________________________________________________  496
       DURATION:  497
       The appointment of my representative and, if applicable,  498
successor representative, becomes effective upon my death.  499
       PRIOR APPOINTMENTS REVOKED:  500
       I hereby revoke any written declaration that I executed in  501
accordance with section 2108.70 of the Ohio Revised Code prior  502
to the date of execution of this written declaration indicated  503
below.  504
       AUTHORIZATION TO ACT:  505
       I hereby agree that any of the following that receives a  506
copy of this written declaration may act under it:  507
       - Cemetery organization;  508
S. B. No. 323  Page 19
As Introduced
       - Reduction facility operator;  509
       - Crematory operator;  510
       - Business operating a columbarium;  511
       - Funeral director;  512
       - Embalmer;  513
       - Funeral home;  514
       - Any other person asked to assist with my funeral,  515
burial, cremation, reduction, or other manner of final  516
disposition.  517
       MODIFICATION AND REVOCATION - WHEN EFFECTIVE:  518
       Any modification or revocation of this written declaration  519
is not effective as to any party until that party receives  520
actual notice of the modification or revocation.  521
       LIABILITY:  522
       No person who acts in accordance with a properly executed  523
copy of this written declaration shall be liable for damages of  524
any kind associated with the person's reliance on this  525
declaration.  526
  Signed this ______ day of_______  527
  _____________________________  528
  (Signature of declarant)  529
       ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:  530
       By signing below, the representative, or successor  531
representative, if applicable, acknowledges that he or she, as  532
representative or successor representative, assumes the right of  533
S. B. No. 323  Page 20
As Introduced
disposition as defined in section 2108.70 of the Revised Code,  534
and understands that he or she is liable for the reasonable  535
costs of exercising the right, including any goods and services  536
that are purchased.  537
       ACCEPTANCE (OPTIONAL):  538
       The undersigned hereby accepts this appointment as  539
representative or successor representative, as applicable, for  540
the right of disposition as defined in section 2108.70 of the  541
Revised Code.  542
  Signed this ______ day of ________  543
  ____________________________  544
  Signature of representative (if  545
  representative is a group of   persons,  546
  each person in the group shall sign)  547
  Signed this ______ day of _______  548
  __________________________________  549
  Signature of successor representative  550
  (if successor representative is a  551
  group of persons, each person in the  552
  group shall sign)  553
       WITNESSES:  554
       I attest that the declarant signed or acknowledged this  555
assignment of the right of disposition under section 2108.70 of  556
the Revised Code in my presence and that the declarant is at  557
least eighteen years of age and appears to be of sound mind and  558
S. B. No. 323  Page 21
As Introduced
not under or subject to duress, fraud, or undue influence. I  559
further attest that I am not the declarant's representative or  560
successor representative, I am at least eighteen years of age,  561
and I am not related to the declarant by blood, marriage, or  562
adoption.  563
First witness:  564
Name (printed):  565
_______________________  Residing at:    ____________  566
Signature:  ____________  567
____________________________  ____________  568
Date:  569
____________________________  570
Second witness:  571
Name (printed):  572
____________________________     Residing at:   ____________  573
Signature:  ____________  574
____________________________  ____________  575
Date:  576
__________________________  577
OR  578
        NOTARY ACKNOWLEDGMENT  579
        State of Ohio  580
        County of _____________ SS.  581
        On _______________, before me, the undersigned notary  582
S. B. No. 323  Page 22
As Introduced
public, personally appeared _________________, known to me or  583
satisfactorily proven to be the person whose name is subscribed  584
as the declarant, and who has acknowledged that he or she  585
executed this written declaration under section 2108.70 of the  586
Revised Code for the purposes expressed in that section. I  587
attest that the declarant is at least eighteen years of age and  588
appears to be of sound mind and not under or subject to duress,  589
fraud, or undue influence.  590
  Signature of notary public  591
  __________________________  592
  My commission expires on:  593
  __________________________  594
       (C) Completion of a federal Record of Emergency Data form,  595
DD Form 93, or its successor form, by a member of the military,  596
is sufficient to constitute a written declaration under section  597
2108.70 of the Revised Code if section 13a of DD Form 93,  598
entitled "Person Authorized to Direct Disposition," has been  599
properly completed by the member of the military who has  600
subsequently died while under active duty orders as described in  601
10 U.S.C. 1481.  602
       Sec. 2108.75. (A) A person shall be disqualified from  603
serving as a representative or successor representative, or from  604
having the right of disposition for a deceased person pursuant  605
to section 2108.81 of the Revised Code, if any of the following  606
occurs:  607
       (1) The person dies.  608
       (2) A probate court declares or determines that the person  609
is incompetent.  610
S. B. No. 323  Page 23
As Introduced
       (3) The person resigns or declines to exercise the right  611
as described in section 2108.88 of the Revised Code.  612
       (4) The person fails to exercise the right within forty-  613
eight hours after notification of the declarant's or deceased  614
person's death or, if there is no notification, within seventy-  615
two hours of either of the following, as applicable:  616
       (a) The declarant's or deceased person's death;  617
       (b) The discovery of the declarant's or deceased person's  618
remains, when such discovery occurs more than an hour after the  619
declarant's or deceased person's death.  620
       (5) The person cannot be located with reasonable effort.  621
       (6) The person meets the criteria described in section  622
2108.76 or 2108.77 of the Revised Code.  623
       (7) The person refuses to assume the liability for the  624
costs of disposition.  625
       (B) No owner, employee, or agent of a funeral home,  626
cemetery, or crematory, or reduction facility providing funeral,  627
burial, or cremation, or reduction services for a declarant  628
shall serve as a representative or successor representative for  629
the declarant unless the owner, employee, or agent is related to  630
the declarant by blood, marriage, or adoption.  631
       (C) Subject to divisions (C)(2) and (D) of section 2108.70  632
of the Revised Code, if a person is disqualified from serving as  633
the declarant's representative or successor representative, or  634
from having the right of disposition for a deceased person  635
pursuant to section 2108.81 of the Revised Code, as described in  636
division (A) of this section, the right is automatically  637
reassigned to, and vests in, the next person who has the right  638
S. B. No. 323  Page 24
As Introduced
pursuant to the declarant's written declaration or pursuant to  639
the order of priority in section 2108.81 of the Revised Code.  640
       If a right of disposition for a deceased person is  641
assigned to a funeral director under division (B)(9) of section  642
2108.81 of the Revised Code, the funeral director is not liable  643
for the cost of disposition.  644
       Sec. 2108.82. (A) Notwithstanding section 2108.81 of the  645
Revised Code and in accordance with division (B) of this  646
section, the probate court for the county in which the declarant  647
or deceased person resided at the time of death may, on its own  648
motion or the motion of another person, assign to any person the  649
right of disposition for a declarant or deceased person.  650
       (B) In making a determination for purposes of division (A)  651
of this section and division (C) of section 2108.79 of the  652
Revised Code, the court shall consider the following:  653
       (1) Whether evidence presented to, or in the possession of  654
the court, demonstrates that the person who is the subject of  655
the motion and the declarant or deceased person had a close  656
personal relationship;  657
       (2) The reasonableness and practicality of any plans that  658
the person who is the subject of the motion may have for the  659
declarant's or deceased person's funeral, burial, cremation,  660
reduction, final disposition, redisposition, or disinterment,  661
including the degree to which such plans allow maximum  662
participation by all persons who wish to pay their final  663
respects to the deceased person;  664
       (3) The convenience and needs of other family members and  665
friends wishing to pay their final respects to the declarant or  666
deceased person;  667
S. B. No. 323  Page 25
As Introduced
       (4) The express written desires of the declarant or  668
deceased person;  669
       (5) The religious beliefs or other evidence of the desires  670
of the declarant or deceased person;  671
       (6) The conduct of the persons involved in the proceedings  672
related to the circumstances concerning the deceased person, the  673
deceased person's estate, and other family members;  674
       (7) The length of time that has elapsed since the original  675
or last disposition;  676
       (8) Whether there is a change of circumstances, including,  677
but not limited to, any of the following:  678
       (a) A change to the physical or environmental conditions  679
of the cemetery or other location of the deceased person's  680
bodily remains or the surrounding area;  681
       (b) A change to the financial condition of the cemetery  682
operator or organization containing the deceased person's bodily  683
remains;  684
       (c) A change related to the residence of the deceased  685
person's family members;  686
       (d) A change to the burial arrangements for the deceased  687
person's family members.  688
       A change of circumstances does not include a mere change  689
of the representative who has been assigned the right to direct  690
the disposition of the deceased person's bodily remains.  691
       (C) There shall be no disinterment or other change of the  692
original or last disposition unless the court makes a finding of  693
compelling reasons based upon the factors listed in division (B)  694
S. B. No. 323  Page 26
As Introduced
of this section.  695
       (D) The personal representative of either the declarant or  696
the deceased does not have a greater claim to the right of  697
disposition than such persons otherwise have pursuant to law.  698
       Sec. 2108.83. In the event of a dispute regarding the  699
right of disposition, a funeral home, funeral director,  700
crematory operator, reduction facility operator, cemetery  701
operator, cemetery organization, or other person asked to assist  702
with a declarant's or deceased person's funeral, burial,  703
cremation, reduction, or other manner of final disposition shall  704
not be liable for damages of any kind for refusing to accept the  705
remains, refusing to inter, cremate, reduce, or otherwise  706
dispose of the remains, or refusing to complete funeral or other  707
arrangements pertaining to final disposition until such funeral  708
home, funeral director, crematory operator, reduction facility  709
operator, cemetery operator, cemetery organization, or other  710
person receives a court order or a written document that is  711
executed by a person that the funeral home, funeral director,  712
crematory operator, reduction facility operator, cemetery  713
operator, cemetery organization, or other person reasonably  714
believes has the right of disposition and that clearly expresses  715
how the right of disposition is to be exercised.  716
       Sec. 2108.84. If a funeral home, funeral director,  717
crematory operator, reduction facility operator, or other person  718
asked to assist with a declarant's or deceased person's funeral,  719
burial, cremation, reduction, or other manner of final  720
disposition is in possession of a declarant's or deceased  721
person's remains while a dispute described in section 2108.83 of  722
the Revised Code is pending, the funeral home, funeral director,  723
crematory operator, reduction facility operator, or other person  724
S. B. No. 323  Page 27
As Introduced
may embalm or refrigerate and shelter the remains to preserve  725
them and may add the cost of embalming, refrigeration, and  726
sheltering to the final disposition costs to be charged.  727
       Sec. 2108.85. (A) If a funeral home, funeral director,  728
crematory operator, reduction facility operator, cemetery  729
operator, cemetery organization, or other person asked to assist  730
with a declarant's or deceased person's funeral, burial,  731
cremation, reduction, or other manner of final disposition  732
brings a legal action for purposes of section 2108.83 or 2108.84  733
of the Revised Code, the funeral home, funeral director,  734
crematory operator, reduction facility operator, cemetery  735
operator, cemetery organization, or other person may add to the  736
costs the person charges for the goods and services the person  737
provided the legal fees, if reasonable, and the court costs that  738
the person incurred.  739
       (B) The right created by division (A) of this section  740
shall neither be construed to require, nor impose a duty on, a  741
funeral home, funeral director, crematory operator, reduction  742
facility operator, cemetery operator, cemetery organization, or  743
other person asked to assist with a declarant's or deceased  744
person's funeral, burial, cremation, reduction, or other manner  745
of final disposition, to bring a legal action and such person  746
shall not be held criminally or civilly liable for not bringing  747
an action.  748
       Sec. 2108.86. (A) A funeral home, funeral director,  749
crematory operator, reduction facility operator, cemetery  750
operator, cemetery organization, or other person asked to assist  751
with a declarant's funeral, burial, cremation, reduction, or  752
other manner of final disposition has the right to rely on the  753
content of a written declaration and the instructions of the  754
S. B. No. 323  Page 28
As Introduced
person or group of persons whom the funeral home, funeral  755
director, crematory operator, reduction facility operator,  756
cemetery operator, cemetery organization, or other person  757
reasonably believes has the right of disposition.  758
       (B) If the circumstances described in division (A) of  759
section 2108.81 of the Revised Code apply, a funeral home,  760
funeral director, crematory operator, reduction facility  761
operator, cemetery operator, cemetery organization, or other  762
person asked to assist with a deceased person's funeral, burial,  763
cremation, reduction, or other manner of final disposition has  764
the right to rely on the instructions of the person or group of  765
persons the funeral home, funeral director, crematory operator,  766
reduction facility operator, cemetery operator, cemetery  767
organization, or other person reasonably believes has the right  768
of disposition pursuant to section 2108.81 of the Revised Code.  769
       (C) No funeral home, funeral director, crematory operator,  770
reduction facility operator, cemetery operator, cemetery  771
organization, or other person asked to assist with a deceased  772
person's funeral, burial, cremation, reduction, or other manner  773
of final disposition, who relies, pursuant to divisions (A) and  774
(B) of this section, in good faith on the contents of a written  775
declaration or the instructions of the person or group of  776
persons the funeral home, funeral director, crematory operator,  777
reduction facility operator, cemetery operator, cemetery  778
organization, or other person reasonably believes has the right  779
of disposition, shall be subject to criminal or civil liability  780
or subject to disciplinary action for taking an action or not  781
taking an action in reliance on such contents or instructions  782
and for otherwise complying with sections 2108.70 to 2108.90 of  783
the Revised Code.  784
S. B. No. 323  Page 29
As Introduced
        Sec. 2108.87. (A) A funeral home, funeral director,  785
crematory operator, reduction facility operator, cemetery  786
operator, cemetery organization, or other person asked to assist  787
with a deceased person's funeral, burial, cremation, reduction,  788
or other manner of final disposition may independently  789
investigate the existence of, or locate or contact, the  790
following persons:  791
        (1) A representative or successor representative named in  792
a written declaration;  793
        (2) A person listed in section 2108.81 of the Revised  794
Code.  795
        (B) In no circumstances shall a funeral home, funeral  796
director, crematory operator, reduction facility operator,  797
cemetery operator, cemetery organization, or other person asked  798
to assist with a deceased person's funeral, burial, cremation,  799
reduction, or other manner of final disposition have a duty to  800
independently investigate the existence of, or locate or  801
contact, the persons described in division (A) of this section.  802
        Sec. 2111.13. (A) When a guardian is appointed to have the  803
custody and maintenance of a ward, and to have charge of the  804
education of the ward if the ward is a minor, the guardian's  805
duties are as follows:  806
        (1) To protect and control the person of the ward;  807
        (2) To provide suitable maintenance for the ward when  808
necessary, which shall be paid out of the estate of such ward  809
upon the order of the guardian of the person;  810
        (3) To provide such maintenance and education for such  811
ward as the amount of the ward's estate justifies when the ward  812
is a minor and has no father or mother, or has a father or  813
S. B. No. 323  Page 30
As Introduced
mother who fails to maintain or educate the ward, which shall be  814
paid out of such ward's estate upon the order of the guardian of  815
the person;  816
        (4) To obey all the orders and judgments of the probate  817
court touching the guardianship.  818
        (B) Except as provided in section 2111.131 of the Revised  819
Code, no part of the ward's estate shall be used for the  820
support, maintenance, or education of such ward unless ordered  821
and approved by the court.  822
        (C) A guardian of the person may authorize or approve the  823
provision to the ward of medical, health, or other professional  824
care, counsel, treatment, or services unless the ward or an  825
interested party files objections with the probate court, or the  826
court, by rule or order, provides otherwise.  827
        (D) Unless a person with the right of disposition for a  828
ward under section 2108.70 or 2108.81 of the Revised Code has  829
made a decision regarding whether or not consent to an autopsy  830
or post-mortem examination on the body of the deceased ward  831
under section 2108.50 of the Revised Code shall be given, a  832
guardian of the person of a ward who has died may consent to the  833
autopsy or post-mortem examination.  834
        (E) If a deceased ward did not have a guardian of the  835
estate, the estate is not required to be administered by a  836
probate court, and a person with the right of disposition for a  837
ward, as described in section 2108.70 or 2108.81 of the Revised  838
Code, has not made a decision regarding the disposition of the  839
ward's body or remains, the guardian of the person of the ward  840
may authorize the burial or , cremation, or reduction of the  841
ward.  842
S. B. No. 323  Page 31
As Introduced
        (F) A guardian who gives consent or authorization as  843
described in divisions (D) and (E) of this section shall notify  844
the probate court as soon as possible after giving the consent  845
or authorization.  846
        Sec. 2743.51. As used in sections 2743.51 to 2743.72 of  847
the Revised Code:  848
        (A) "Claimant" means both of the following categories of  849
persons:  850
        (1) Any of the following persons who claim an award of  851
reparations under sections 2743.51 to 2743.72 of the Revised  852
Code:  853
        (a) A victim who was one of the following at the time of  854
the criminally injurious conduct:  855
        (i) A resident of the United States;  856
        (ii) A resident of a foreign country the laws of which  857
permit residents of this state to recover compensation as  858
victims of offenses committed in that country.  859
        (b) A dependent of a deceased victim who is described in  860
division (A)(1)(a) of this section;  861
        (c) A third person, other than a collateral source, who  862
legally assumes or voluntarily pays the obligations of a victim,  863
or of a dependent of a victim, who is described in division (A)  864
(1)(a) of this section, which obligations are incurred as a  865
result of the criminally injurious conduct that is the subject  866
of the claim and may include, but are not limited to, medical or  867
burial expenses;  868
        (d) A person who is authorized to act on behalf of any  869
person who is described in division (A)(1)(a), (b), or (c) of  870
S. B. No. 323  Page 32
As Introduced
this section;  871
        (e) The estate of a deceased victim who is described in  872
division (A)(1)(a) of this section.  873
        (2) Any of the following persons who claim an award of  874
reparations under sections 2743.51 to 2743.72 of the Revised  875
Code:  876
        (a) A victim who had a permanent place of residence within  877
this state at the time of the criminally injurious conduct and  878
who, at the time of the criminally injurious conduct, complied  879
with any one of the following:  880
        (i) Had a permanent place of employment in this state;  881
        (ii) Was a member of the regular armed forces of the  882
United States or of the United States coast guard or was a full-  883
time member of the Ohio organized militia or of the United  884
States army reserve, naval reserve, or air force reserve;  885
        (iii) Was retired and receiving social security or any  886
other retirement income;  887
        (iv) Was sixty years of age or older;  888
        (v) Was temporarily in another state for the purpose of  889
receiving medical treatment;  890
        (vi) Was temporarily in another state for the purpose of  891
performing employment-related duties required by an employer  892
located within this state as an express condition of employment  893
or employee benefits;  894
        (vii) Was temporarily in another state for the purpose of  895
receiving occupational, vocational, or other job-related  896
training or instruction required by an employer located within  897
S. B. No. 323  Page 33
As Introduced
this state as an express condition of employment or employee  898
benefits;  899
       (viii) Was a full-time student at an academic institution,  900
college, or university located in another state;  901
       (ix) Had not departed the geographical boundaries of this  902
state for a period exceeding thirty days or with the intention  903
of becoming a citizen of another state or establishing a  904
permanent place of residence in another state.  905
       (b) A dependent of a deceased victim who is described in  906
division (A)(2)(a) of this section;  907
       (c) A third person, other than a collateral source, who  908
legally assumes or voluntarily pays the obligations of a victim,  909
or of a dependent of a victim, who is described in division (A)  910
(2)(a) of this section, which obligations are incurred as a  911
result of the criminally injurious conduct that is the subject  912
of the claim and may include, but are not limited to, medical or  913
burial expenses;  914
       (d) A person who is authorized to act on behalf of any  915
person who is described in division (A)(2)(a), (b), or (c) of  916
this section;  917
       (e) The estate of a deceased victim who is described in  918
division (A)(2)(a) of this section.  919
       (B) "Collateral source" means a source of benefits or  920
advantages for economic loss otherwise reparable that the victim  921
or claimant has received, or that is readily available to the  922
victim or claimant, from any of the following sources:  923
       (1) The offender;  924
       (2) The government of the United States or any of its  925
S. B. No. 323  Page 34
As Introduced
agencies, a state or any of its political subdivisions, or an  926
instrumentality of two or more states, unless the law providing  927
for the benefits or advantages makes them excess or secondary to  928
benefits under sections 2743.51 to 2743.72 of the Revised Code;  929
       (3) Social security, medicare, and medicaid;  930
       (4) State-required, temporary, nonoccupational disability  931
insurance;  932
       (5) Workers' compensation;  933
       (6) Wage continuation programs of any employer;  934
       (7) Proceeds of a contract of insurance payable to the  935
victim for loss that the victim sustained because of the  936
criminally injurious conduct;  937
       (8) A contract providing prepaid hospital and other health  938
care services, or benefits for disability;  939
       (9) That portion of the proceeds of all contracts of  940
insurance payable to the claimant on account of the death of the  941
victim that exceeds fifty thousand dollars;  942
       (10) Any compensation recovered or recoverable under the  943
laws of another state, district, territory, or foreign country  944
because the victim was the victim of an offense committed in  945
that state, district, territory, or country.  946
       "Collateral source" does not include any money, or the  947
monetary value of any property, that is subject to sections  948
2969.01 to 2969.06 of the Revised Code or that is received as a  949
benefit from the Ohio public safety officers death benefit fund  950
created by section 742.62 of the Revised Code.  951
       (C) "Criminally injurious conduct" means one of the  952
S. B. No. 323  Page 35
As Introduced
following:  953
       (1) For the purposes of any person described in division  954
(A)(1) of this section, any conduct that occurs or is attempted  955
in this state; poses a substantial threat of personal injury or  956
death; and is punishable by fine, imprisonment, or death, or  957
would be so punishable but for the fact that the person engaging  958
in the conduct lacked capacity to commit the crime under the  959
laws of this state. Criminally injurious conduct does not  960
include conduct arising out of the ownership, maintenance, or  961
use of a motor vehicle, except when any of the following  962
applies:  963
       (a) The person engaging in the conduct intended to cause  964
personal injury or death;  965
       (b) The person engaging in the conduct was using the  966
vehicle to flee immediately after committing a felony or an act  967
that would constitute a felony but for the fact that the person  968
engaging in the conduct lacked the capacity to commit the felony  969
under the laws of this state;  970
       (c) The person engaging in the conduct was using the  971
vehicle in a manner that constitutes an OVI violation;  972
       (d) The conduct occurred on or after July 25, 1990, and  973
the person engaging in the conduct was using the vehicle in a  974
manner that constitutes a violation of section 2903.08 of the  975
Revised Code;  976
       (e) The person engaging in the conduct acted in a manner  977
that caused serious physical harm to a person and that  978
constituted a violation of section 4549.02 or 4549.021 of the  979
Revised Code.  980
       (2) For the purposes of any person described in division  981
S. B. No. 323  Page 36
As Introduced
(A)(2) of this section, any conduct that occurs or is attempted  982
in another state, district, territory, or foreign country; poses  983
a substantial threat of personal injury or death; and is  984
punishable by fine, imprisonment, or death, or would be so  985
punishable but for the fact that the person engaging in the  986
conduct lacked capacity to commit the crime under the laws of  987
the state, district, territory, or foreign country in which the  988
conduct occurred or was attempted. Criminally injurious conduct  989
does not include conduct arising out of the ownership,  990
maintenance, or use of a motor vehicle, except when any of the  991
following applies:  992
       (a) The person engaging in the conduct intended to cause  993
personal injury or death;  994
       (b) The person engaging in the conduct was using the  995
vehicle to flee immediately after committing a felony or an act  996
that would constitute a felony but for the fact that the person  997
engaging in the conduct lacked the capacity to commit the felony  998
under the laws of the state, district, territory, or foreign  999
country in which the conduct occurred or was attempted;  1000
       (c) The person engaging in the conduct was using the  1001
vehicle in a manner that constitutes an OVI violation;  1002
       (d) The conduct occurred on or after July 25, 1990, the  1003
person engaging in the conduct was using the vehicle in a manner  1004
that constitutes a violation of any law of the state, district,  1005
territory, or foreign country in which the conduct occurred, and  1006
that law is substantially similar to a violation of section  1007
2903.08 of the Revised Code;  1008
       (e) The person engaging in the conduct acted in a manner  1009
that caused serious physical harm to a person and that  1010
S. B. No. 323  Page 37
As Introduced
constituted a violation of any law of the state, district,  1011
territory, or foreign country in which the conduct occurred, and  1012
that law is substantially similar to section 4549.02 or 4549.021  1013
of the Revised Code.  1014
       (3) For the purposes of any person described in division  1015
(A)(1) or (2) of this section, terrorism that occurs within or  1016
outside the territorial jurisdiction of the United States.  1017
       (D) "Dependent" means an individual wholly or partially  1018
dependent upon the victim for care and support, and includes a  1019
child of the victim born after the victim's death.  1020
       (E) "Economic loss" means economic detriment consisting  1021
only of allowable expense, work loss, funeral expense,  1022
unemployment benefits loss, replacement services loss, cost of  1023
crime scene cleanup, and cost of evidence replacement. If  1024
criminally injurious conduct causes death, economic loss  1025
includes a dependent's economic loss and a dependent's  1026
replacement services loss. Noneconomic detriment is not economic  1027
loss; however, economic loss may be caused by pain and suffering  1028
or physical impairment.  1029
       (F)(1) For a victim described in division (L)(1) of this  1030
section, "allowable expense" means reasonable charges incurred  1031
for reasonably needed products, services, and accommodations,  1032
including those for medical care, rehabilitation, rehabilitative  1033
occupational training, and other remedial treatment and care and  1034
including replacement costs for hearing aids; dentures,  1035
retainers, and other dental appliances; canes, walkers, and  1036
other mobility tools; and eyeglasses and other corrective  1037
lenses. It does not include that portion of a charge for a room  1038
in a hospital, clinic, convalescent home, nursing home, or any  1039
other institution engaged in providing nursing care and related  1040
S. B. No. 323  Page 38
As Introduced
services in excess of a reasonable and customary charge for  1041
semiprivate accommodations, unless accommodations other than  1042
semiprivate accommodations are medically required.  1043
       (2) For a victim described in division (L)(2) of this  1044
section, "allowable expense" means reasonable charges incurred  1045
for psychiatric care or counseling reasonably needed as a result  1046
of the criminally injurious conduct. No other type of expense is  1047
compensable under section 2743.51 to 2743.72 of the Revised Code  1048
for a victim of that type.  1049
       (3) For a victim described in division (L)(3) of this  1050
section, "allowable expense" means work loss and reasonable  1051
charges incurred for psychiatric care or counseling reasonably  1052
needed as a result of the criminally injurious conduct. No other  1053
type of expense is compensable under sections 2743.51 to 2743.72  1054
of the Revised Code for a victim of that type.  1055
       (4) A family member of a victim who died as a proximate  1056
result of criminally injurious conduct may be reimbursed as an  1057
allowable expense through the victim's application for wages  1058
lost and travel expenses incurred in order to attend criminal  1059
justice proceedings arising from the criminally injurious  1060
conduct. The cumulative allowable expense for wages lost and  1061
travel expenses incurred by a family member to attend criminal  1062
justice proceedings shall not exceed five hundred dollars for  1063
each family member of the victim and two thousand dollars in the  1064
aggregate for all family members of the victim.  1065
       (5) For a victim described in division (L)(1) of this  1066
section, "allowable expense" includes both of the following:  1067
       (a) Reasonable expenses and fees necessary to obtain a  1068
guardian's bond pursuant to section 2109.04 of the Revised Code  1069
S. B. No. 323  Page 39
As Introduced
when the bond is required to pay an award to a fiduciary on  1070
behalf of a minor or other incompetent;  1071
       (b) Attorney's fees not exceeding one thousand dollars, at  1072
a rate not exceeding one hundred dollars per hour, incurred to  1073
successfully obtain a restraining order, custody order, or other  1074
order to physically separate a victim from an offender.  1075
Attorney's fees for the services described in this division may  1076
include an amount for reasonable travel time incurred to attend  1077
court hearings, not exceeding three hours' round-trip for each  1078
court hearing, assessed at a rate not exceeding thirty dollars  1079
per hour.  1080
       (G) "Work loss" means loss of income from work that the  1081
injured person would have performed if the person had not been  1082
injured and expenses reasonably incurred by the person to obtain  1083
services in lieu of those the person would have performed for  1084
income, reduced by any income from substitute work actually  1085
performed by the person, or by income the person would have  1086
earned in available appropriate substitute work that the person  1087
was capable of performing but unreasonably failed to undertake.  1088
       (H) "Replacement services loss" means expenses reasonably  1089
incurred in obtaining ordinary and necessary services in lieu of  1090
those the injured person would have performed, not for income,  1091
but for the benefit of the person's self or family, if the  1092
person had not been injured.  1093
       (I) "Dependent's economic loss" means loss after a  1094
victim's death of contributions of things of economic value to  1095
the victim's dependents, not including services they would have  1096
received from the victim if the victim had not suffered the  1097
fatal injury, less expenses of the dependents avoided by reason  1098
of the victim's death. If a minor child of a victim is adopted  1099
S. B. No. 323  Page 40
As Introduced
after the victim's death, the minor child continues after the  1100
adoption to incur a dependent's economic loss as a result of the  1101
victim's death. If the surviving spouse of a victim remarries,  1102
the surviving spouse continues after the remarriage to incur a  1103
dependent's economic loss as a result of the victim's death.  1104
       (J) "Dependent's replacement services loss" means loss  1105
reasonably incurred by dependents after a victim's death in  1106
obtaining ordinary and necessary services in lieu of those the  1107
victim would have performed for their benefit if the victim had  1108
not suffered the fatal injury, less expenses of the dependents  1109
avoided by reason of the victim's death and not subtracted in  1110
calculating the dependent's economic loss. If a minor child of a  1111
victim is adopted after the victim's death, the minor child  1112
continues after the adoption to incur a dependent's replacement  1113
services loss as a result of the victim's death. If the  1114
surviving spouse of a victim remarries, the surviving spouse  1115
continues after the remarriage to incur a dependent's  1116
replacement services loss as a result of the victim's death.  1117
       (K) "Noneconomic detriment" means pain, suffering,  1118
inconvenience, physical impairment, or other nonpecuniary  1119
damage.  1120
       (L) "Victim" means one of the following:  1121
       (1) A person who suffers personal injury or death as a  1122
result of any of the following:  1123
       (a) Criminally injurious conduct;  1124
       (b) The good faith effort of any person to prevent  1125
criminally injurious conduct;  1126
       (c) The good faith effort of any person to apprehend a  1127
person suspected of engaging in criminally injurious conduct.  1128
S. B. No. 323  Page 41
As Introduced
       (2) A person who is an immediate family member of a victim  1129
of criminally injurious conduct that consists of a homicide, a  1130
sexual assault, domestic violence, or a severe and permanently  1131
incapacitating injury resulting in paraplegia or a similar life-  1132
altering condition, who requires psychiatric care or counseling  1133
as a result of the criminally injurious conduct;  1134
       (3) A person who suffers trauma so severe that it impedes  1135
or prohibits a person from participating in normal daily  1136
activities and who is either of the following:  1137
       (a) A family member of a victim of criminally injurious  1138
conduct that consists of a homicide, or a family member of a  1139
victim who, as a result of criminally injurious conduct, has  1140
sustained a severe and permanently incapacitating injury  1141
resulting in paraplegia or a similar life-altering condition,  1142
and who can demonstrate either of the following by a  1143
preponderance of the evidence:  1144
       (i) The person witnessed the criminally injurious conduct.  1145
       (ii) The person arrived at the crime scene in its  1146
immediate aftermath.  1147
       (b) An immediate family member who is a caretaker of a  1148
dependent victim of criminally injurious conduct that consists  1149
of a sexual assault.  1150
       (M) "Contributory misconduct" means any conduct of the  1151
claimant or of the victim through whom the claimant claims an  1152
award of reparations that is unlawful or intentionally tortious  1153
and to which all of the following apply:  1154
       (1) The conduct occurred at the time of the criminally  1155
injurious conduct that is the basis of the claim.  1156
S. B. No. 323  Page 42
As Introduced
       (2) The conduct itself caused or posed a substantial and  1157
imminent threat of causing serious physical harm or death to  1158
another.  1159
       (3) The conduct instigated or proximately caused the  1160
criminally injurious conduct that is the basis of the claim.  1161
       (N)(1) "Funeral expense" means any reasonable charges that  1162
are not in excess of seven thousand five hundred dollars per  1163
funeral and that are incurred for expenses directly related to a  1164
victim's funeral, cremation, reduction, or burial and any wages  1165
lost or travel expenses incurred by a family member of a victim  1166
in order to attend the victim's funeral, cremation, reduction,  1167
or burial.  1168
       (2) An award for funeral expenses shall be applied first  1169
to expenses directly related to the victim's funeral, cremation,  1170
reduction, or burial. An award for wages lost or travel expenses  1171
incurred by a family member of the victim shall not exceed five  1172
hundred dollars for each family member and shall not exceed in  1173
the aggregate the difference between seven thousand five hundred  1174
dollars and expenses that are reimbursed by the program and that  1175
are directly related to the victim's funeral, cremation,  1176
reduction, or burial.  1177
       (O) "Unemployment benefits loss" means a loss of  1178
unemployment benefits pursuant to Chapter 4141. of the Revised  1179
Code when the loss arises solely from the inability of a victim  1180
to meet the able to work, available for suitable work, or the  1181
actively seeking suitable work requirements of division (A)(4)  1182
(a) of section 4141.29 of the Revised Code.  1183
       (P) "OVI violation" means any of the following:  1184
       (1) A violation of section 4511.19 of the Revised Code, of  1185
S. B. No. 323  Page 43
As Introduced
any municipal ordinance prohibiting the operation of a vehicle  1186
while under the influence of alcohol, a drug of abuse, or a  1187
combination of them, or of any municipal ordinance prohibiting  1188
the operation of a vehicle with a prohibited concentration of  1189
alcohol, a controlled substance, or a metabolite of a controlled  1190
substance in the whole blood, blood serum or plasma, breath, or  1191
urine;  1192
       (2) A violation of division (A)(1) of section 2903.06 of  1193
the Revised Code;  1194
       (3) A violation of division (A)(2), (3), or (4) of section  1195
2903.06 of the Revised Code or of a municipal ordinance  1196
substantially similar to any of those divisions, if the offender  1197
was under the influence of alcohol, a drug of abuse, or a  1198
combination of them, at the time of the commission of the  1199
offense;  1200
       (4) For purposes of any person described in division (A)  1201
(2) of this section, a violation of any law of the state,  1202
district, territory, or foreign country in which the criminally  1203
injurious conduct occurred, if that law is substantially similar  1204
to a violation described in division (P)(1) or (2) of this  1205
section or if that law is substantially similar to a violation  1206
described in division (P)(3) of this section and the offender  1207
was under the influence of alcohol, a drug of abuse, or a  1208
combination of them, at the time of the commission of the  1209
offense.  1210
       (Q) "Pendency of the claim" for an original reparations  1211
application or supplemental reparations application means the  1212
period of time from the date the criminally injurious conduct  1213
upon which the application is based occurred until the date a  1214
final decision, order, or judgment concerning that original  1215
S. B. No. 323  Page 44
As Introduced
reparations application or supplemental reparations application  1216
is issued.  1217
       (R) "Terrorism" means any activity to which all of the  1218
following apply:  1219
       (1) The activity involves a violent act or an act that is  1220
dangerous to human life.  1221
       (2) The act described in division (R)(1) of this section  1222
is committed within the territorial jurisdiction of the United  1223
States and is a violation of the criminal laws of the United  1224
States, this state, or any other state or the act described in  1225
division (R)(1) of this section is committed outside the  1226
territorial jurisdiction of the United States and would be a  1227
violation of the criminal laws of the United States, this state,  1228
or any other state if committed within the territorial  1229
jurisdiction of the United States.  1230
       (3) The activity appears to be intended to do any of the  1231
following:  1232
       (a) Intimidate or coerce a civilian population;  1233
       (b) Influence the policy of any government by intimidation  1234
or coercion;  1235
       (c) Affect the conduct of any government by assassination  1236
or kidnapping.  1237
       (4) The activity occurs primarily outside the territorial  1238
jurisdiction of the United States or transcends the national  1239
boundaries of the United States in terms of the means by which  1240
the activity is accomplished, the person or persons that the  1241
activity appears intended to intimidate or coerce, or the area  1242
or locale in which the perpetrator or perpetrators of the  1243
S. B. No. 323  Page 45
As Introduced
activity operate or seek asylum.  1244
       (S) "Transcends the national boundaries of the United  1245
States" means occurring outside the territorial jurisdiction of  1246
the United States in addition to occurring within the  1247
territorial jurisdiction of the United States.  1248
       (T) "Cost of crime scene cleanup" means any of the  1249
following:  1250
       (1) The replacement cost for items of clothing removed  1251
from a victim in order to make an assessment of possible  1252
physical harm or to treat physical harm;  1253
       (2) Reasonable and necessary costs of cleaning the scene  1254
and repairing, for the purpose of personal security, property  1255
damaged at the scene where the criminally injurious conduct  1256
occurred, not to exceed seven hundred fifty dollars in the  1257
aggregate per claim.  1258
       (U) "Cost of evidence replacement" means costs for  1259
replacement of property confiscated for evidentiary purposes  1260
related to the criminally injurious conduct, not to exceed seven  1261
hundred fifty dollars in the aggregate per claim.  1262
       (V) "Provider" means any person who provides a victim or  1263
claimant with a product, service, or accommodations that are an  1264
allowable expense or a funeral expense.  1265
       (W) "Immediate family member" means an individual who  1266
resided in the same permanent household as a victim at the time  1267
of the criminally injurious conduct and who is related to the  1268
victim by affinity or consanguinity.  1269
       (X) "Family member" means an individual who is related to  1270
a victim by affinity or consanguinity.  1271
S. B. No. 323  Page 46
As Introduced
        Sec. 2925.01. As used in this chapter:  1272
        (A) "Administer," "controlled substance," "controlled  1273
substance analog," "dispense," "distribute," "hypodermic,"  1274
"manufacturer," "official written order," "person,"  1275
"pharmacist," "pharmacy," "sale," "schedule I," "schedule II,"  1276
"schedule III," "schedule IV," "schedule V," and "wholesaler"  1277
have the same meanings as in section 3719.01 of the Revised  1278
Code.  1279
        (B) "Drug of abuse" and "person with a drug dependency"  1280
have the same meanings as in section 3719.011 of the Revised  1281
Code.  1282
        (C) "Drug," "dangerous drug," "licensed health  1283
professional authorized to prescribe drugs," and "prescription"  1284
have the same meanings as in section 4729.01 of the Revised  1285
Code.  1286
        (D) "Bulk amount" of a controlled substance means any of  1287
the following:  1288
        (1) For any compound, mixture, preparation, or substance  1289
included in schedule I, schedule II, or schedule III, with the  1290
exception of any controlled substance analog, marihuana,  1291
cocaine, L.S.D., heroin, any fentanyl-related compound, and  1292
hashish and except as provided in division (D)(2), (5), or (6)  1293
of this section, whichever of the following is applicable:  1294
        (a) An amount equal to or exceeding ten grams or twenty-  1295
five unit doses of a compound, mixture, preparation, or  1296
substance that is or contains any amount of a schedule I opiate  1297
or opium derivative;  1298
        (b) An amount equal to or exceeding ten grams of a  1299
compound, mixture, preparation, or substance that is or contains  1300
S. B. No. 323  Page 47
As Introduced
any amount of raw or gum opium;  1301
       (c) An amount equal to or exceeding thirty grams or ten  1302
unit doses of a compound, mixture, preparation, or substance  1303
that is or contains any amount of a schedule I hallucinogen  1304
other than tetrahydrocannabinol or lysergic acid amide, or a  1305
schedule I stimulant or depressant;  1306
       (d) An amount equal to or exceeding twenty grams or five  1307
times the maximum daily dose in the usual dose range specified  1308
in a standard pharmaceutical reference manual of a compound,  1309
mixture, preparation, or substance that is or contains any  1310
amount of a schedule II opiate or opium derivative;  1311
       (e) An amount equal to or exceeding five grams or ten unit  1312
doses of a compound, mixture, preparation, or substance that is  1313
or contains any amount of phencyclidine;  1314
       (f) An amount equal to or exceeding one hundred twenty  1315
grams or thirty times the maximum daily dose in the usual dose  1316
range specified in a standard pharmaceutical reference manual of  1317
a compound, mixture, preparation, or substance that is or  1318
contains any amount of a schedule II stimulant that is in a  1319
final dosage form manufactured by a person authorized by the  1320
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21  1321
U.S.C.A. 301, as amended, and the federal drug abuse control  1322
laws, as defined in section 3719.01 of the Revised Code, that is  1323
or contains any amount of a schedule II depressant substance or  1324
a schedule II hallucinogenic substance;  1325
       (g) An amount equal to or exceeding three grams of a  1326
compound, mixture, preparation, or substance that is or contains  1327
any amount of a schedule II stimulant, or any of its salts or  1328
isomers, that is not in a final dosage form manufactured by a  1329
S. B. No. 323  Page 48
As Introduced
person authorized by the Federal Food, Drug, and Cosmetic Act  1330
and the federal drug abuse control laws.  1331
       (2) An amount equal to or exceeding one hundred twenty  1332
grams or thirty times the maximum daily dose in the usual dose  1333
range specified in a standard pharmaceutical reference manual of  1334
a compound, mixture, preparation, or substance that is or  1335
contains any amount of a schedule III or IV substance other than  1336
an anabolic steroid or a schedule III opiate or opium  1337
derivative;  1338
       (3) An amount equal to or exceeding twenty grams or five  1339
times the maximum daily dose in the usual dose range specified  1340
in a standard pharmaceutical reference manual of a compound,  1341
mixture, preparation, or substance that is or contains any  1342
amount of a schedule III opiate or opium derivative;  1343
       (4) An amount equal to or exceeding two hundred fifty  1344
milliliters or two hundred fifty grams of a compound, mixture,  1345
preparation, or substance that is or contains any amount of a  1346
schedule V substance;  1347
       (5) An amount equal to or exceeding two hundred solid  1348
dosage units, sixteen grams, or sixteen milliliters of a  1349
compound, mixture, preparation, or substance that is or contains  1350
any amount of a schedule III anabolic steroid;  1351
       (6) For any compound, mixture, preparation, or substance  1352
that is a combination of a fentanyl-related compound and any  1353
other compound, mixture, preparation, or substance included in  1354
schedule III, schedule IV, or schedule V, if the defendant is  1355
charged with a violation of section 2925.11 of the Revised Code  1356
and the sentencing provisions set forth in divisions (C)(10)(b)  1357
and (C)(11) of that section will not apply regarding the  1358
S. B. No. 323  Page 49
As Introduced
defendant and the violation, the bulk amount of the controlled  1359
substance for purposes of the violation is the amount specified  1360
in division (D)(1), (2), (3), (4), or (5) of this section for  1361
the other schedule III, IV, or V controlled substance that is  1362
combined with the fentanyl-related compound.  1363
       (E) "Unit dose" means an amount or unit of a compound,  1364
mixture, or preparation containing a controlled substance that  1365
is separately identifiable and in a form that indicates that it  1366
is the amount or unit by which the controlled substance is  1367
separately administered to or taken by an individual.  1368
       (F) "Cultivate" includes planting, watering, fertilizing,  1369
or tilling.  1370
       (G) "Drug abuse offense" means any of the following:  1371
       (1) A violation of division (A) of section 2913.02 that  1372
constitutes theft of drugs, or a violation of section 2925.02,  1373
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,  1374
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36,  1375
or 2925.37 of the Revised Code;  1376
       (2) A violation of an existing or former law of this or  1377
any other state or of the United States that is substantially  1378
equivalent to any section listed in division (G)(1) of this  1379
section;  1380
       (3) An offense under an existing or former law of this or  1381
any other state, or of the United States, of which planting,  1382
cultivating, harvesting, processing, making, manufacturing,  1383
producing, shipping, transporting, delivering, acquiring,  1384
possessing, storing, distributing, dispensing, selling, inducing  1385
another to use, administering to another, using, or otherwise  1386
dealing with a controlled substance is an element;  1387
S. B. No. 323  Page 50
As Introduced
       (4) A conspiracy to commit, attempt to commit, or  1388
complicity in committing or attempting to commit any offense  1389
under division (G)(1), (2), or (3) of this section.  1390
       (H) "Felony drug abuse offense" means any drug abuse  1391
offense that would constitute a felony under the laws of this  1392
state, any other state, or the United States.  1393
       (I) "Harmful intoxicant" does not include beer or  1394
intoxicating liquor but means any of the following:  1395
       (1) Any compound, mixture, preparation, or substance the  1396
gas, fumes, or vapor of which when inhaled can induce  1397
intoxication, excitement, giddiness, irrational behavior,  1398
depression, stupefaction, paralysis, unconsciousness,  1399
asphyxiation, or other harmful physiological effects, and  1400
includes, but is not limited to, any of the following:  1401
       (a) Any volatile organic solvent, plastic cement, model  1402
cement, fingernail polish remover, lacquer thinner, cleaning  1403
fluid, gasoline, or other preparation containing a volatile  1404
organic solvent;  1405
       (b) Any aerosol propellant;  1406
       (c) Any fluorocarbon refrigerant;  1407
       (d) Any anesthetic gas.  1408
       (2) Gamma Butyrolactone;  1409
       (3) 1,4 Butanediol.  1410
       (J) "Manufacture" means to plant, cultivate, harvest,  1411
process, make, prepare, or otherwise engage in any part of the  1412
production of a drug, by propagation, extraction, chemical  1413
synthesis, or compounding, or any combination of the same, and  1414
S. B. No. 323  Page 51
As Introduced
includes packaging, repackaging, labeling, and other activities  1415
incident to production.  1416
       (K) "Possess" or "possession" means having control over a  1417
thing or substance, but may not be inferred solely from mere  1418
access to the thing or substance through ownership or occupation  1419
of the premises upon which the thing or substance is found.  1420
       (L) "Sample drug" means a drug or pharmaceutical  1421
preparation that would be hazardous to health or safety if used  1422
without the supervision of a licensed health professional  1423
authorized to prescribe drugs, or a drug of abuse, and that, at  1424
one time, had been placed in a container plainly marked as a  1425
sample by a manufacturer.  1426
       (M) "Standard pharmaceutical reference manual" means the  1427
current edition, with cumulative changes if any, of references  1428
that are approved by the state board of pharmacy.  1429
       (N) "Juvenile" means a person under eighteen years of age.  1430
       (O) "Counterfeit controlled substance" means any of the  1431
following:  1432
       (1) Any drug that bears, or whose container or label  1433
bears, a trademark, trade name, or other identifying mark used  1434
without authorization of the owner of rights to that trademark,  1435
trade name, or identifying mark;  1436
       (2) Any unmarked or unlabeled substance that is  1437
represented to be a controlled substance manufactured,  1438
processed, packed, or distributed by a person other than the  1439
person that manufactured, processed, packed, or distributed it;  1440
       (3) Any substance that is represented to be a controlled  1441
substance but is not a controlled substance or is a different  1442
S. B. No. 323  Page 52
As Introduced
controlled substance;  1443
       (4) Any substance other than a controlled substance that a  1444
reasonable person would believe to be a controlled substance  1445
because of its similarity in shape, size, and color, or its  1446
markings, labeling, packaging, distribution, or the price for  1447
which it is sold or offered for sale.  1448
       (P) An offense is "committed in the vicinity of a school"  1449
if the offender commits the offense on school premises, in a  1450
school building, or within one thousand feet of the boundaries  1451
of any school premises, regardless of whether the offender knows  1452
the offense is being committed on school premises, in a school  1453
building, or within one thousand feet of the boundaries of any  1454
school premises.  1455
       (Q) "School" means any school operated by a board of  1456
education, any community school established under Chapter 3314.  1457
of the Revised Code, or any nonpublic school for which the  1458
director of education and workforce prescribes minimum standards  1459
under section 3301.07 of the Revised Code, whether or not any  1460
instruction, extracurricular activities, or training provided by  1461
the school is being conducted at the time a criminal offense is  1462
committed.  1463
       (R) "School premises" means either of the following:  1464
       (1) The parcel of real property on which any school is  1465
situated, whether or not any instruction, extracurricular  1466
activities, or training provided by the school is being  1467
conducted on the premises at the time a criminal offense is  1468
committed;  1469
       (2) Any other parcel of real property that is owned or  1470
leased by a board of education of a school, the governing  1471
S. B. No. 323  Page 53
As Introduced
authority of a community school established under Chapter 3314.  1472
of the Revised Code, or the governing body of a nonpublic school  1473
for which the director of education and workforce prescribes  1474
minimum standards under section 3301.07 of the Revised Code and  1475
on which some of the instruction, extracurricular activities, or  1476
training of the school is conducted, whether or not any  1477
instruction, extracurricular activities, or training provided by  1478
the school is being conducted on the parcel of real property at  1479
the time a criminal offense is committed.  1480
       (S) "School building" means any building in which any of  1481
the instruction, extracurricular activities, or training  1482
provided by a school is conducted, whether or not any  1483
instruction, extracurricular activities, or training provided by  1484
the school is being conducted in the school building at the time  1485
a criminal offense is committed.  1486
       (T) "Disciplinary counsel" means the disciplinary counsel  1487
appointed by the board of commissioners on grievances and  1488
discipline of the supreme court under the Rules for the  1489
Government of the Bar of Ohio.  1490
       (U) "Certified grievance committee" means a duly  1491
constituted and organized committee of the Ohio state bar  1492
association or of one or more local bar associations of the  1493
state of Ohio that complies with the criteria set forth in Rule  1494
V, section 6 of the Rules for the Government of the Bar of Ohio.  1495
       (V) "Professional license" means any license, permit,  1496
certificate, registration, qualification, admission, temporary  1497
license, temporary permit, temporary certificate, or temporary  1498
registration that is described in divisions (W)(1) to (37) of  1499
this section and that qualifies a person as a professionally  1500
licensed person.  1501
S. B. No. 323  Page 54
As Introduced
        (W) "Professionally licensed person" means any of the  1502
following:  1503
        (1) A person who has received a certificate or temporary  1504
certificate as a certified public accountant or who has  1505
registered as a public accountant under Chapter 4701. of the  1506
Revised Code and who holds an Ohio permit issued under that  1507
chapter;  1508
        (2) A person who holds a certificate of qualification to  1509
practice architecture issued or renewed and registered under  1510
Chapter 4703. of the Revised Code;  1511
        (3) A person who is registered as a landscape architect  1512
under Chapter 4703. of the Revised Code or who holds a permit as  1513
a landscape architect issued under that chapter;  1514
        (4) A person licensed under Chapter 4707. of the Revised  1515
Code;  1516
        (5) A person who has been issued a barber's license,  1517
barber instructor's license, assistant barber instructor's  1518
license, or independent contractor's license under Chapter 4709.  1519
of the Revised Code;  1520
        (6) A person licensed and regulated to engage in the  1521
business of a debt pooling company by a legislative authority,  1522
under authority of Chapter 4710. of the Revised Code;  1523
        (7) A person who has been issued a cosmetologist's  1524
license, hair designer's license, manicurist's license,  1525
esthetician's license, natural hair stylist's license, advanced  1526
license to practice cosmetology, advanced license to practice  1527
hair design, advanced license to practice manicuring, advanced  1528
license to practice esthetics, advanced license to practice  1529
natural hair styling, cosmetology instructor's license, hair  1530
S. B. No. 323  Page 55
As Introduced
design instructor's license, manicurist instructor's license,  1531
esthetics instructor's license, natural hair style instructor's  1532
license, independent contractor's license, or tanning facility  1533
permit under Chapter 4713. of the Revised Code;  1534
        (8) A person who has been issued a license to practice  1535
dentistry, a general anesthesia permit, a conscious sedation  1536
permit, a limited resident's license, a limited teaching  1537
license, a dental hygienist's license, or a dental hygienist's  1538
teacher's certificate under Chapter 4715. of the Revised Code;  1539
        (9) A person who has been issued an embalmer's license, a  1540
funeral director's license, a funeral home license, or a  1541
crematory or reduction facility operator license, or who has  1542
been registered for an embalmer's or funeral director's  1543
apprenticeship under Chapter 4717. of the Revised Code;  1544
        (10) A person who has been licensed as a registered nurse  1545
or practical nurse, or who has been issued a certificate for the  1546
practice of nurse-midwifery under Chapter 4723. of the Revised  1547
Code;  1548
        (11) A person who has been licensed to practice optometry  1549
or to engage in optical dispensing under Chapter 4725. of the  1550
Revised Code;  1551
        (12) A person licensed to act as a pawnbroker under  1552
Chapter 4727. of the Revised Code;  1553
        (13) A person licensed to act as a precious metals dealer  1554
under Chapter 4728. of the Revised Code;  1555
        (14) A person licensed under Chapter 4729. of the Revised  1556
Code as a pharmacist or pharmacy intern or registered under that  1557
chapter as a registered pharmacy technician, certified pharmacy  1558
technician, or pharmacy technician trainee;  1559
S. B. No. 323  Page 56
As Introduced
        (15) A person licensed under Chapter 4729. of the Revised  1560
Code as a manufacturer of dangerous drugs, outsourcing facility,  1561
third-party logistics provider, repackager of dangerous drugs,  1562
wholesale distributor of dangerous drugs, or terminal  1563
distributor of dangerous drugs;  1564
        (16) A person who is authorized to practice as a physician  1565
assistant under Chapter 4730. of the Revised Code;  1566
        (17) A person who has been issued a license to practice  1567
medicine and surgery, osteopathic medicine and surgery, or  1568
podiatric medicine and surgery under Chapter 4731. of the  1569
Revised Code or has been issued a certificate to practice a  1570
limited branch of medicine under that chapter;  1571
        (18) A person licensed as a psychologist, independent  1572
school psychologist, or school psychologist under Chapter 4732.  1573
of the Revised Code;  1574
        (19) A person registered to practice the profession of  1575
engineering or surveying under Chapter 4733. of the Revised  1576
Code;  1577
        (20) A person who has been issued a license to practice  1578
chiropractic under Chapter 4734. of the Revised Code;  1579
        (21) A person licensed to act as a real estate broker or  1580
real estate salesperson under Chapter 4735. of the Revised Code;  1581
        (22) A person registered as a registered environmental  1582
health specialist under Chapter 3776. of the Revised Code;  1583
        (23) A person licensed to operate or maintain a junkyard  1584
under Chapter 4737. of the Revised Code;  1585
        (24) A person who has been issued a motor vehicle salvage  1586
dealer's license under Chapter 4738. of the Revised Code;  1587
S. B. No. 323  Page 57
As Introduced
        (25) A person who has been licensed to act as a steam  1588
engineer under Chapter 4739. of the Revised Code;  1589
        (26) A person who has been issued a license or temporary  1590
permit to practice veterinary medicine or any of its branches,  1591
or who is registered as a graduate animal technician under  1592
Chapter 4741. of the Revised Code;  1593
        (27) A person who has been issued a hearing aid dealer's  1594
or fitter's license or trainee permit under Chapter 4747. of the  1595
Revised Code;  1596
        (28) A person who has been issued a class A, class B, or  1597
class C license or who has been registered as an investigator or  1598
security guard employee under Chapter 4749. of the Revised Code;  1599
        (29) A person licensed to practice as a nursing home  1600
administrator under Chapter 4751. of the Revised Code;  1601
        (30) A person licensed to practice as a speech-language  1602
pathologist or audiologist under Chapter 4753. of the Revised  1603
Code;  1604
        (31) A person issued a license as an occupational  1605
therapist or physical therapist under Chapter 4755. of the  1606
Revised Code;  1607
        (32) A person who is licensed as a licensed professional  1608
clinical counselor, licensed professional counselor, social  1609
worker, independent social worker, independent marriage and  1610
family therapist, or marriage and family therapist, or  1611
registered as a social work assistant under Chapter 4757. of the  1612
Revised Code;  1613
        (33) A person issued a license to practice dietetics under  1614
Chapter 4759. of the Revised Code;  1615
S. B. No. 323  Page 58
As Introduced
       (34) A person who has been issued a license or limited  1616
permit to practice respiratory therapy under Chapter 4761. of  1617
the Revised Code;  1618
       (35) A person who has been issued a real estate appraiser  1619
certificate under Chapter 4763. of the Revised Code;  1620
       (36) A person who has been issued a home inspector license  1621
under Chapter 4764. of the Revised Code;  1622
       (37) A person who has been admitted to the bar by order of  1623
the supreme court in compliance with its prescribed and  1624
published rules;  1625
       (38) A person who has been issued a license to practice as  1626
a certified mental health assistant under Chapter 4772. of the  1627
Revised Code.  1628
       (X) "Cocaine" means any of the following:  1629
       (1) A cocaine salt, isomer, or derivative, a salt of a  1630
cocaine isomer or derivative, or the base form of cocaine;  1631
       (2) Coca leaves or a salt, compound, derivative, or  1632
preparation of coca leaves, including ecgonine, a salt, isomer,  1633
or derivative of ecgonine, or a salt of an isomer or derivative  1634
of ecgonine;  1635
       (3) A salt, compound, derivative, or preparation of a  1636
substance identified in division (X)(1) or (2) of this section  1637
that is chemically equivalent to or identical with any of those  1638
substances, except that the substances shall not include  1639
decocainized coca leaves or extraction of coca leaves if the  1640
extractions do not contain cocaine or ecgonine.  1641
       (Y) "L.S.D." means lysergic acid diethylamide.  1642
S. B. No. 323  Page 59
As Introduced
       (Z) "Hashish" means a resin or a preparation of a resin to  1643
which both of the following apply:  1644
       (1) It is contained in or derived from any part of the  1645
plant of the genus cannabis, whether in solid form or in a  1646
liquid concentrate, liquid extract, or liquid distillate form.  1647
       (2) It has a delta-9 tetrahydrocannabinol concentration of  1648
more than three-tenths per cent.  1649
       "Hashish" does not include a hemp byproduct in the  1650
possession of a licensed hemp processor under Chapter 928. of  1651
the Revised Code, provided that the hemp byproduct is being  1652
produced, stored, and disposed of in accordance with rules  1653
adopted under section 928.03 of the Revised Code.  1654
       (AA) "Marihuana" has the same meaning as in section  1655
3719.01 of the Revised Code, except that it does not include  1656
hashish.  1657
       (BB) An offense is "committed in the vicinity of a  1658
juvenile" if the offender commits the offense within one hundred  1659
feet of a juvenile or within the view of a juvenile, regardless  1660
of whether the offender knows the age of the juvenile, whether  1661
the offender knows the offense is being committed within one  1662
hundred feet of or within view of the juvenile, or whether the  1663
juvenile actually views the commission of the offense.  1664
       (CC) "Presumption for a prison term" or "presumption that  1665
a prison term shall be imposed" means a presumption, as  1666
described in division (D) of section 2929.13 of the Revised  1667
Code, that a prison term is a necessary sanction for a felony in  1668
order to comply with the purposes and principles of sentencing  1669
under section 2929.11 of the Revised Code.  1670
       (DD) "Major drug offender" has the same meaning as in  1671
S. B. No. 323  Page 60
As Introduced
section 2929.01 of the Revised Code.  1672
       (EE) "Minor drug possession offense" means either of the  1673
following:  1674
       (1) A violation of section 2925.11 of the Revised Code as  1675
it existed prior to July 1, 1996;  1676
       (2) A violation of section 2925.11 of the Revised Code as  1677
it exists on and after July 1, 1996, that is a misdemeanor or a  1678
felony of the fifth degree.  1679
       (FF) "Mandatory prison term" has the same meaning as in  1680
section 2929.01 of the Revised Code.  1681
       (GG) "Adulterate" means to cause a drug to be adulterated  1682
as described in section 3715.63 of the Revised Code.  1683
       (HH) "Public premises" means any hotel, restaurant,  1684
tavern, store, arena, hall, or other place of public  1685
accommodation, business, amusement, or resort.  1686
       (II) "Methamphetamine" means methamphetamine, any salt,  1687
isomer, or salt of an isomer of methamphetamine, or any  1688
compound, mixture, preparation, or substance containing  1689
methamphetamine or any salt, isomer, or salt of an isomer of  1690
methamphetamine.  1691
       (JJ) "Deception" has the same meaning as in section  1692
2913.01 of the Revised Code.  1693
       (KK) "Fentanyl-related compound" means any of the  1694
following:  1695
       (1) Fentanyl;  1696
       (2) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-  1697
phenyl)ethyl-4- piperidyl]propionanilide; 1-(1-methyl-2-  1698
S. B. No. 323  Page 61
As Introduced
phenylethyl)-4-(N-propanilido) piperidine);  1699
       (3) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-  1700
thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide);  1701
       (4) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-  1702
piperidinyl] -N-phenylpropanamide);  1703
       (5) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-  1704
hydroxy-2- phenethyl)-3-methyl-4-piperidinyl]-N-  1705
phenylpropanamide);  1706
       (6) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-  1707
piperidyl]-N- phenylpropanamide);  1708
       (7) 3-methylthiofentanyl (N-[3-methyl-1-[2-  1709
(thienyl)ethyl]-4- piperidinyl]-N-phenylpropanamide);  1710
       (8) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-  1711
phenethyl)-4- piperidinyl]propanamide;  1712
       (9) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-  1713
piperidinyl]- propanamide;  1714
       (10) Alfentanil;  1715
       (11) Carfentanil;  1716
       (12) Remifentanil;  1717
       (13) Sufentanil;  1718
       (14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-  1719
phenethyl)-4- piperidinyl]-N-phenylacetamide); and  1720
       (15) Any compound that meets all of the following fentanyl  1721
pharmacophore requirements to bind at the mu receptor, as  1722
identified by a report from an established forensic laboratory,  1723
including acetylfentanyl, furanylfentanyl, valerylfentanyl,  1724
S. B. No. 323  Page 62
As Introduced
butyrylfentanyl, isobutyrylfentanyl, 4-methoxybutyrylfentanyl,  1725
para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-  1726
fluorofentanyl:  1727
       (a) A chemical scaffold consisting of both of the  1728
following:  1729
       (i) A five, six, or seven member ring structure containing  1730
a nitrogen, whether or not further substituted;  1731
       (ii) An attached nitrogen to the ring, whether or not that  1732
nitrogen is enclosed in a ring structure, including an attached  1733
aromatic ring or other lipophilic group to that nitrogen.  1734
       (b) A polar functional group attached to the chemical  1735
scaffold, including but not limited to a hydroxyl, ketone,  1736
amide, or ester;  1737
       (c) An alkyl or aryl substitution off the ring nitrogen of  1738
the chemical scaffold; and  1739
       (d) The compound has not been approved for medical use by  1740
the United States food and drug administration.  1741
       (LL) "First degree felony mandatory prison term" means one  1742
of the definite prison terms prescribed in division (A)(1)(b) of  1743
section 2929.14 of the Revised Code for a felony of the first  1744
degree, except that if the violation for which sentence is being  1745
imposed is committed on or after March 22, 2019, it means one of  1746
the minimum prison terms prescribed in division (A)(1)(a) of  1747
that section for a felony of the first degree.  1748
       (MM) "Second degree felony mandatory prison term" means  1749
one of the definite prison terms prescribed in division (A)(2)  1750
(b) of section 2929.14 of the Revised Code for a felony of the  1751
second degree, except that if the violation for which sentence  1752
S. B. No. 323  Page 63
As Introduced
is being imposed is committed on or after March 22, 2019, it  1753
means one of the minimum prison terms prescribed in division (A)  1754
(2)(a) of that section for a felony of the second degree.  1755
       (NN) "Maximum first degree felony mandatory prison term"  1756
means the maximum definite prison term prescribed in division  1757
(A)(1)(b) of section 2929.14 of the Revised Code for a felony of  1758
the first degree, except that if the violation for which  1759
sentence is being imposed is committed on or after March 22,  1760
2019, it means the longest minimum prison term prescribed in  1761
division (A)(1)(a) of that section for a felony of the first  1762
degree.  1763
       (OO) "Maximum second degree felony mandatory prison term"  1764
means the maximum definite prison term prescribed in division  1765
(A)(2)(b) of section 2929.14 of the Revised Code for a felony of  1766
the second degree, except that if the violation for which  1767
sentence is being imposed is committed on or after March 22,  1768
2019, it means the longest minimum prison term prescribed in  1769
division (A)(2)(a) of that section for a felony of the second  1770
degree.  1771
       (PP) "Delta-9 tetrahydrocannabinol" has the same meaning  1772
as in section 928.01 of the Revised Code.  1773
       (QQ) An offense is "committed in the vicinity of a  1774
substance addiction services provider or a recovering addict" if  1775
either of the following apply:  1776
       (1) The offender commits the offense on the premises of a  1777
substance addiction services provider's facility, including a  1778
facility licensed prior to June 29, 2019, under section 5119.391  1779
of the Revised Code to provide methadone treatment or an opioid  1780
treatment program licensed on or after that date under section  1781
S. B. No. 323  Page 64
As Introduced
5119.37 of the Revised Code, or within five hundred feet of the  1782
premises of a substance addiction services provider's facility  1783
and the offender knows or should know that the offense is being  1784
committed within the vicinity of the substance addiction  1785
services provider's facility.  1786
       (2) The offender sells, offers to sell, delivers, or  1787
distributes the controlled substance or controlled substance  1788
analog to a person who is receiving treatment at the time of the  1789
commission of the offense, or received treatment within thirty  1790
days prior to the commission of the offense, from a substance  1791
addiction services provider and the offender knows that the  1792
person is receiving or received that treatment.  1793
       (RR) "Substance addiction services provider" means an  1794
agency, association, corporation or other legal entity,  1795
individual, or program that provides one or more of the  1796
following at a facility:  1797
       (1) Either alcohol addiction services, or drug addiction  1798
services, or both such services that are certified by the  1799
director of mental health and addiction services under section  1800
5119.36 of the Revised Code;  1801
       (2) Recovery supports that are related to either alcohol  1802
addiction services, or drug addiction services, or both such  1803
services and paid for with federal, state, or local funds  1804
administered by the department of mental health and addiction  1805
services or a board of alcohol, drug addiction, and mental  1806
health services.  1807
       (SS) "Premises of a substance addiction services  1808
provider's facility" means the parcel of real property on which  1809
any substance addiction service provider's facility is situated.  1810
S. B. No. 323  Page 65
As Introduced
       (TT) "Alcohol and drug addiction services" has the same  1811
meaning as in section 5119.01 of the Revised Code.  1812
       Sec. 3705.01. As used in this chapter:  1813
       (A) "Live birth" means the complete expulsion or  1814
extraction from its mother of a product of human conception that  1815
after such expulsion or extraction breathes or shows any other  1816
evidence of life such as beating of the heart, pulsation of the  1817
umbilical cord, or definite movement of voluntary muscles,  1818
whether or not the umbilical cord has been cut or the placenta  1819
is attached.  1820
       (B)(1) "Fetal death" means death prior to the complete  1821
expulsion or extraction from its mother of a product of human  1822
conception, irrespective of the duration of pregnancy, which  1823
after such expulsion or extraction does not breathe or show any  1824
other evidence of life such as beating of the heart, pulsation  1825
of the umbilical cord, or definite movement of voluntary  1826
muscles.  1827
       (2) "Stillborn" means that an infant of at least twenty  1828
weeks of gestation suffered a fetal death.  1829
       (C) "Dead body" means a human body or part of a human body  1830
from the condition of which it reasonably may be concluded that  1831
death recently occurred.  1832
       (D) "Physician" means a person licensed pursuant to  1833
Chapter 4731. of the Revised Code to practice medicine or  1834
surgery or osteopathic medicine and surgery.  1835
       (E) "Attending physician" means the physician in charge of  1836
the patient's care for the illness or condition that resulted in  1837
death.  1838
S. B. No. 323  Page 66
As Introduced
        (F) "Institution" means any establishment, public or  1839
private, that provides medical, surgical, or diagnostic care or  1840
treatment, or domiciliary care, to two or more unrelated  1841
individuals, or to persons committed by law.  1842
        (G) "Funeral director" has the meaning given in section  1843
4717.01 of the Revised Code.  1844
        (H) "State registrar" means the head of the office of  1845
vital statistics in the department of health.  1846
        (I) "Medical certification" means completion of the  1847
medical certification portion of the certificate of death or  1848
fetal death as to the cause of death or fetal death.  1849
        (J) "Final disposition" means the interment, cremation,  1850
reduction,      removal from the state, donation, or other  1851
authorized disposition of a dead body or a fetal death.  1852
        (K) "Interment" means the final disposition of the remains  1853
of a dead body by burial or entombment.  1854
        (L) "Cremation" means the reduction to ashes of a dead  1855
body.  1856
        (M) "Donation" means gift of a dead body to a research  1857
institution or medical school.  1858
        (N) "System of vital statistics" means the registration,  1859
collection, preservation, amendment, and certification of vital  1860
records, the collection of other reports required by this  1861
chapter, and activities related thereto.  1862
        (O) "Vital records" means certificates or reports of  1863
birth, death, fetal death, marriage, divorce, dissolution of  1864
marriage, annulment, and data related thereto and other  1865
documents maintained as required by statute.  1866
S. B. No. 323  Page 67
As Introduced
       (P) "File" means the presentation of vital records for  1867
registration by the office of vital statistics.  1868
       (Q) "Registration" means the acceptance by the office of  1869
vital statistics and the incorporation of vital records into its  1870
official records.  1871
       (R) "Birth record" means a birth certificate that has been  1872
registered with the office of vital statistics; or, if  1873
registered prior to March 16, 1989, with the division of vital  1874
statistics; or, if registered prior to the establishment of the  1875
division of vital statistics, with the department of health or a  1876
local registrar.  1877
       (S) "Certification of birth" means a document issued by  1878
the director of health or state registrar or a local registrar  1879
under division (B) of section 3705.23 of the Revised Code.  1880
       (T) "Certified nurse-midwife" has the same meaning as in  1881
section 4723.01 of the Revised Code.  1882
       (U) "Reduction" has the same meaning as in section 4717.01  1883
of the Revised Code.  1884
       Sec. 3705.18. When a death occurs outside the state and  1885
the body is transported into this state for burial or other  1886
disposition, the body must be accompanied by an authorization  1887
for final disposition issued in accordance with the laws and  1888
health regulations of the place where death occurred. The  1889
authorization that accompanied the body shall be accepted as  1890
authorization for burial, cremation, reduction, or other  1891
disposal in Ohio. The person in charge of place of burial shall  1892
endorse and forward the authorization for final disposition that  1893
accompanied the body to the local registrar of vital statistics  1894
of the registration district in which burial was made.  1895
S. B. No. 323  Page 68
As Introduced
       Sec. 3705.19. (A) If the deceased served in the armed  1896
forces of the United States, the death certificate shall include  1897
a statement of the branch of service in which hethe deceased  1898
served, the date of entry into service, the date and type of  1899
discharge from such service, and information to show the all of  1900
the following:  1901
       (1) The name and location of the place where the deceased  1902
was buried or , cremated, or reduced;  1903
       (2) The date of burial or , cremation, and the or  1904
reduction;  1905
       (3) The location, lot, and grave number of the deceased's  1906
burial.  1907
       (B) Whenever the remains of a deceased person are  1908
transported into this state for burial or other disposition, the  1909
funeral director having responsibility for disposition of the  1910
remains shall ascertain from the best qualified persons or  1911
sources available whether or not the deceased was a member of  1912
the armed forces of the United States. If the funeral director  1913
finds the deceased was a member, he the funeral director shall  1914
also obtain from such persons or sources and shall transcribe on  1915
a form prescribed by the director of health, the deceased's  1916
branch of service, date of entry into service, date and type of  1917
separation or discharge from service, date of birth, state of  1918
birth, date of death, date of burial, the name and location of  1919
the cemetery, and the lot and grave number where the deceased is  1920
buried. The funeral director shall sign the completed form and  1921
submit it to the local registrar of vital statistics. If the  1922
funeral director is unable to ascertain whether or not the  1923
deceased was a member of the armed forces of the United States  1924
or ascertains that the deceased was not a member, he the funeral  1925
S. B. No. 323  Page 69
As Introduced
director shall enter such information on the form.  1926
       If no funeral director is responsible for the disposition  1927
of the remains of the deceased, the person in charge of the  1928
disposition, except a sexton or other person who is customarily  1929
in charge only of the premises where burials or , cremations, or  1930
reductions take place, shall perform the duties required by this  1931
division.  1932
       (C) At intervals not to exceed three months, the  1933
department of health shall forward to the adjutant general a  1934
summary of information concerning deceased members and former  1935
members of the armed forces of the United States, including  1936
those who died outside this state, but whose remains were buried  1937
or received for other final disposition in this state. The  1938
summary shall state the name, date of birth, state of birth,  1939
date of death, date of entry into service, date and type of  1940
separation or discharge from service, branch of service, date of  1941
burial, place of burial, and location of grave. At the same time  1942
the department forwards this summary to the adjutant general, it  1943
shall forward to each county recorder that portion of the  1944
summary that relates to burials made, and grave locations  1945
situated, within the county. After the summary is sent to the  1946
adjutant general, the forms specified in division (B) of this  1947
section may be disposed of.  1948
       Sec. 3705.20. (A) The fetal death of the product of human  1949
conception of at least twenty weeks of gestation shall be  1950
registered on a fetal death certificate.  1951
       On application of the funeral director or either parent,  1952
the fetal death of the product of human conception prior to  1953
twenty weeks of gestation shall be registered on a fetal death  1954
certificate, except that the fetal death certificate shall not  1955
S. B. No. 323  Page 70
As Introduced
list the cause of death.  1956
       The funeral director or the parent shall include with the  1957
application a copy of the statement required by division (B)(1)  1958
of section 3727.16 or division (B)(1) of section 4731.82 of the  1959
Revised Code. If the father submits the application, he shall  1960
also include with it a signed and notarized document from the  1961
mother attesting that she voluntarily provided the father with a  1962
copy of the statement.  1963
       A fetal death certificate for the product of human  1964
conception prior to twenty weeks gestation is not proof of a  1965
live birth for purposes of federal, state, and local taxes.  1966
       (B) The product of human conception of at least twenty  1967
weeks of gestation that suffers a fetal death occurring in Ohio  1968
shall not be interred, deposited in a vault or tomb, cremated,  1969
reduced, or otherwise disposed of by a funeral director or other  1970
person until a fetal death certificate or provisional death  1971
certificate has been filed with and a burial permit is issued by  1972
the local registrar of vital statistics of the registration  1973
district in which the fetal death occurs, or the body is found.  1974
       A burial permit for the product of human conception that  1975
suffers a fetal death prior to twenty weeks of gestation shall  1976
be issued by the local registrar of vital statistics of the  1977
registration district in which the fetal death occurs if the  1978
funeral director or either parent files a fetal death  1979
certificate with that registrar.  1980
       (C)(1) The department of health and the local registrar  1981
shall keep a separate record and index record of fetal death  1982
certificates.  1983
       (2) The personal or statistical information on the fetal  1984
S. B. No. 323  Page 71
As Introduced
death certificate shall be obtained by the funeral director or  1985
other person in charge of interment or , cremation, or reduction  1986
from the best qualified persons or sources available.  1987
       (D) When a burial permit is issued under division (B) of  1988
this section for the product of human conception of at least  1989
twenty weeks of gestation that suffers a fetal death, the local  1990
registrar shall inform the parent or parents listed on the fetal  1991
death certificate or provisional death certificate of the option  1992
of applying for a certificate that is issued under division (B)  1993
(3) of section 3705.23 of the Revised Code.  1994
       Sec. 4511.451. (A) As used in this section, "funeral  1995
procession" means two or more vehicles accompanying the cremated  1996
or reduced remains or the body of a deceased person in the  1997
daytime when each of the vehicles has its headlights lighted and  1998
is displaying a purple and white or an orange and white pennant  1999
attached to each vehicle in such a manner as to be clearly  2000
visible to traffic approaching from any direction.  2001
       (B) Excepting public safety vehicles proceeding in  2002
accordance with section 4511.45 of the Revised Code or when  2003
directed otherwise by a police officer, pedestrians and the  2004
operators of all vehicles, street cars, and trackless trolleys  2005
shall yield the right of way to each vehicle that is a part of a  2006
funeral procession. Whenever the lead vehicle in a funeral  2007
procession lawfully enters an intersection, the remainder of the  2008
vehicles in the procession may continue to follow the lead  2009
vehicle through the intersection notwithstanding any traffic  2010
control devices or right of way provisions of the Revised Code,  2011
provided that the operator of each vehicle exercises due care to  2012
avoid colliding with any other vehicle or pedestrian.  2013
       (C) No person shall operate any vehicle as a part of a  2014
S. B. No. 323  Page 72
As Introduced
funeral procession without having the headlights of the vehicle  2015
lighted and without displaying a purple and white or an orange  2016
and white pennant in such a manner as to be clearly visible to  2017
traffic approaching from any direction.  2018
       (D) Except as otherwise provided in this division, whoever  2019
violates this section is guilty of a minor misdemeanor. If,  2020
within one year of the offense, the offender previously has been  2021
convicted of or pleaded guilty to one predicate motor vehicle or  2022
traffic offense, whoever violates this section is guilty of a  2023
misdemeanor of the fourth degree. If, within one year of the  2024
offense, the offender previously has been convicted of two or  2025
more predicate motor vehicle or traffic offenses, whoever  2026
violates this section is guilty of a misdemeanor of the third  2027
degree.  2028
       If the offender commits the offense while distracted and  2029
the distracting activity is a contributing factor to the  2030
commission of the offense, the offender is subject to the  2031
additional fine established under section 4511.991 of the  2032
Revised Code.  2033
       Sec. 4717.01. As used in this chapter:  2034
       (A) "Embalming" means the process of chemically treating  2035
the dead human body by any of the following to reduce the  2036
presence and growth of microorganisms, to temporarily slow  2037
organic decomposition, and to restore acceptable physical  2038
appearance:  2039
       (1) Arterial injection;  2040
       (2) Cavity treatment;  2041
       (3) Hypodermic tissue injection.  2042
S. B. No. 323  Page 73
As Introduced
       (B) "Funeral business" means a sole proprietorship,  2043
partnership, corporation, limited liability company, or other  2044
business entity that is engaged in funeral directing for profit  2045
or for free from one or more funeral homes licensed under this  2046
chapter.  2047
       (C) "Funeral directing" means the business or profession  2048
of directing or supervising funerals for profit from one or more  2049
funeral homes licensed under this chapter, the arrangement or  2050
sale of funeral services, the filling out or execution of a  2051
funeral service contract, the business or profession of  2052
preparing dead human bodies for burial by means other than  2053
embalming, the disposition of dead human bodies, the provision  2054
or maintenance of a place for the preparation, the care, or  2055
disposition of dead human bodies, the use in connection with a  2056
business of the term "funeral director," "undertaker,"  2057
"mortician," or any other term from which can be implied the  2058
business of funeral directing, or the holding out to the public  2059
that one is a funeral director or a disposer of dead human  2060
bodies.  2061
       (D) "Funeral home" means a fixed place for the care,  2062
preparation for burial, or disposition of dead human bodies or  2063
the conducting of funerals. Each business location is a funeral  2064
home, regardless of common ownership or management.  2065
       (E) "Embalmer" means a person who engages, in whole or in  2066
part, in embalming and who is licensed under this chapter.  2067
       (F) "Funeral director" means a person who engages, in  2068
whole or in part, in funeral directing and who is licensed under  2069
this chapter.  2070
       (G) "Final disposition" has the same meaning as in  2071
S. B. No. 323  Page 74
As Introduced
division (J) of section 3705.01 of the Revised Code.  2072
       (H) "Supervision" means the operation of all phases of the  2073
business of funeral directing or embalming under the specific  2074
direction of a licensed funeral director or licensed embalmer.  2075
       (I) "Direct supervision" means the physical presence of a  2076
licensed funeral director or licensed embalmer while the  2077
specific functions of the funeral or embalming are being carried  2078
out.  2079
       (J) "Embalming facility" means a fixed location, separate  2080
from the funeral home, that is licensed under this chapter whose  2081
only function is the embalming and preparation of dead human  2082
bodies.  2083
       (K) "Crematory facility" means the physical location at  2084
which a cremation chamber is located and the cremation process  2085
takes place. "Crematory facility" does not include an infectious  2086
waste incineration facility for which a license is held under  2087
division (B) of section 3734.05 of the Revised Code, or a solid  2088
waste incineration facility for which a license is held under  2089
division (A) of that section that includes a notation pursuant  2090
to division (B)(3) of that section authorizing the facility to  2091
also treat infectious wastes, in connection with the  2092
incineration of body parts other than dead human bodies that  2093
were donated to science for purposes of medical education or  2094
research.  2095
       (L) "Crematory" means the building or portion of a  2096
building that houses the holding facility and the cremation  2097
chamber.  2098
       (M) "Cremation" means the technical process of using heat  2099
and flame to reduce human or animal remains to bone fragments or  2100
S. B. No. 323  Page 75
As Introduced
ashes or any combination thereof. "Cremation" includes  2101
processing and may include the pulverization of bone fragments.  2102
       (N) "Cremation chamber" means the enclosed space within  2103
which cremation takes place.  2104
       (O) "Cremated remains" means all human or animal remains  2105
recovered after the completion of the cremation process, which  2106
may include the residue of any foreign matter such as casket  2107
material, dental work, or eyeglasses that were cremated with the  2108
human or animal remains.  2109
       (P) "Lapsed license" means a license issued under this  2110
chapter that has become invalid because of the failure of the  2111
licensee to renew the license within the time limits prescribed  2112
under this chapter.  2113
       (Q) "Crematory operator" means the person who engages, in  2114
whole or in part, in cremation from one or more crematories  2115
licensed under this chapter and who has been issued a crematory  2116
operator permit under this chapter.  2117
       (R) "Processing" means the reduction of identifiable bone  2118
fragments to unidentifiable bone fragments through manual or  2119
mechanical means after the completion of the cremation or  2120
natural organic reduction process.  2121
       (S) "Pulverization" means the reduction of identifiable  2122
bone fragments to granulated particles by manual or mechanical  2123
means after the completion of the cremation or natural organic  2124
reduction process.  2125
       (T) "Preneed funeral contract" means a written agreement,  2126
contract, or series of contracts to sell or otherwise provide  2127
any funeral services, funeral goods, or any combination thereof  2128
to be used in connection with the funeral or final disposition  2129
S. B. No. 323  Page 76
As Introduced
of a dead human body, where payment for the goods or services is  2130
made either outright or on an installment basis, prior to the  2131
death of the person purchasing the goods or services or for whom  2132
the goods or services are purchased. "Preneed funeral contract"  2133
does not include any preneed cemetery merchandise and services  2134
contract or any agreement, contract, or series of contracts  2135
pertaining to the sale of any burial lot, burial or interment  2136
right, entombment right, or columbarium right with respect to  2137
which an endowment care fund is established or is exempt from  2138
establishment pursuant to section 1721.21 of the Revised Code.  2139
       For the purposes of division (T) of this section, "funeral  2140
goods" includes caskets.  2141
       (U) "Purchaser" means the individual who has purchased and  2142
financed a preneed funeral contract, and who may or may not be  2143
the contract beneficiary.  2144
       (V) "Contract beneficiary" means the individual for whom  2145
funeral goods and funeral services are provided pursuant to a  2146
preneed funeral contract.  2147
       (W) "Seller" means any person that enters into a preneed  2148
funeral contract with a purchaser for the provision of funeral  2149
goods, funeral services, or both.  2150
       (X) "Felony" means a criminal act classified as a felony  2151
by this state, any other state, or federal law.  2152
       (Y) "Natural organic reduction" and "reduction" mean the  2153
technical process of converting human or animal remains into  2154
soil in a reduction chamber using the natural decomposition  2155
process accelerated by adding natural or organic materials.  2156
"Natural organic reduction" and "reduction" include the  2157
processing and pulverization of bone fragments.  2158
S. B. No. 323  Page 77
As Introduced
       (Z) "Reduction facility" means the physical location at  2159
which a reduction chamber is located and the natural organic  2160
reduction process takes place.  2161
       (AA) "Reduction chamber" means the enclosed space within  2162
which individual human or animal remains are reduced and any  2163
other attached, unenclosed, mechanical components that are  2164
necessary for the safe and proper functioning of the equipment.  2165
       (BB) "Reduced remains" means human or animal remains that  2166
have been converted to soil through natural organic reduction,  2167
which may include the residue of any foreign matter that was  2168
reduced with such remains.  2169
       (CC) "Reduction facility operator" means a person who  2170
engages, in whole or in part, in natural organic reduction at  2171
one or more reduction facilities licensed under this chapter and  2172
who has been issued a reduction operator permit under this  2173
chapter.  2174
       Sec. 4717.03. (A) Members of the board of embalmers and  2175
funeral directors shall annually in July, or within thirty days  2176
after the senate's confirmation of the new members appointed in  2177
that year, meet and organize by selecting from among its members  2178
a president, vice-president, and secretary-treasurer. The board  2179
may hold other meetings as it determines necessary. A quorum of  2180
the board consists of four members, of whom at least three shall  2181
be members who are funeral directors. The concurrence of at  2182
least four members is necessary for the board to take any  2183
action. The president and secretary-treasurer shall sign all  2184
licenses issued under this chapter and affix the board's seal to  2185
each license.  2186
       (B) The board may appoint an individual who is not a  2187
S. B. No. 323  Page 78
As Introduced
member of the board to serve as executive director of the board.  2188
The executive director serves at the pleasure of the board and  2189
shall do all of the following:  2190
       (1) Serve as the board's chief administrative officer;  2191
       (2) Act as custodian of the board's records;  2192
       (3) Execute all of the board's orders;  2193
       (4) Employ staff who are not members of the board and who  2194
serve at the pleasure of the executive director to provide any  2195
assistance that the board considers necessary.  2196
       (C) In executing the board's orders as required by  2197
division (B)(3) of this section, the executive director may  2198
enter the premises, establishment, office, or place of business  2199
of any embalmer, funeral director, or crematory operator, or  2200
reduction facility operator in this state. The executive  2201
director may serve and execute any process issued by any court  2202
under this chapter.  2203
       (D) The executive director may employ necessary  2204
inspectors, who shall be licensed embalmers and funeral  2205
directors. An inspector employed by the executive director may  2206
enter the premises, establishment, office, or place of business  2207
of any embalmer, funeral director, or crematory operator, or  2208
reduction facility operator, or any embalming facility, funeral  2209
home, or crematory facility, or reduction facility in this  2210
state, for the purposes of inspecting the facility and premises;  2211
the license, permit, and certification of embalmers, funeral  2212
directors, and crematory operators, and reduction facility  2213
operators operating in the facility; and the license of the  2214
funeral home, embalming facility, or crematory facility and , or  2215
reduction facility. An inspector shall also perform any other  2216
S. B. No. 323  Page 79
As Introduced
duties delegated to the inspector by the board or assigned to  2217
the inspector by the executive director. The executive director  2218
may enter the facility or premises of a funeral home, embalming  2219
facility, or crematory facility, or reduction facility for the  2220
purpose of an inspection if accompanied by an inspector or, if  2221
an inspector is not available, when a situation presents a  2222
danger of immediate and serious harm to the public.  2223
       (E) The president of the board shall designate three of  2224
the board's members to serve on the crematory and reduction  2225
facility review board, which is hereby created, for such time as  2226
the president finds appropriate to carry out the provisions of  2227
this chapter. Those members of the crematory and reduction  2228
facility review board designated by the president to serve and  2229
three members designated by the cemetery dispute resolution  2230
commission shall designate, by a majority vote, one person who  2231
holds a crematory operator permit, or reduction facility  2232
operator permit, who is experienced in the operation of a  2233
crematory or reduction facility, and who is not affiliated with  2234
a cemetery or a funeral home to serve on the crematory and  2235
reduction facility review board for such time as the crematory  2236
and reduction facility review board finds appropriate. Members  2237
serving on the crematory and reduction facility review board  2238
shall not receive any additional compensation for serving on the  2239
board, but may be reimbursed for their actual and necessary  2240
expenses incurred in the performance of official duties as  2241
members of the board. Members of the crematory and reduction  2242
facility review board shall designate one from among its members  2243
to serve as a chairperson for such time as the board finds  2244
appropriate. Costs associated with conducting an adjudicatory  2245
hearing in accordance with division (F) of this section shall be  2246
paid from funds available to the board of embalmers and funeral  2247
S. B. No. 323  Page 80
As Introduced
directors.  2248
       (F) Upon receiving written notice from the board of  2249
embalmers and funeral directors of any of the following, the  2250
crematory and reduction facility review board shall conduct an  2251
adjudicatory hearing on the matter in accordance with Chapter  2252
119. of the Revised Code, except as otherwise provided in this  2253
section or division (C) of section 4717.14 of the Revised Code:  2254
       (1) Notice provided under division (I) of this section of  2255
an alleged violation of any provision of this chapter or any  2256
rules adopted under this chapter governing or in connection with  2257
crematory or reduction facility operators, crematory or  2258
reduction facilities, or cremation or natural organic reduction;  2259
       (2) Notice provided under division (B) of section 4717.14  2260
of the Revised Code that the board of embalmers and funeral  2261
directors proposes to refuse to grant or renew, or to suspend or  2262
revoke, a license to operate a crematory or reduction facility;  2263
       (3) Notice provided under division (C) of section 4717.14  2264
of the Revised Code that the board of embalmers and funeral  2265
directors has issued an order summarily suspending a crematory  2266
operator permit or a license to operate a crematory or reduction  2267
facility;  2268
       (4) Notice provided under division (B) of section 4717.15  2269
of the Revised Code that the board of embalmers and funeral  2270
directors proposes to issue a notice of violation and order  2271
requiring payment of a forfeiture for any violation described in  2272
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised  2273
Code alleged in connection with a crematory operator, reduction  2274
facility operator, crematory facility, or reduction facility,  2275
cremation, or natural organic reduction.  2276
S. B. No. 323  Page 81
As Introduced
       Nothing in division (F) of this section precludes the  2277
crematory and reduction facility review board from appointing an  2278
independent examiner in accordance with section 119.09 of the  2279
Revised Code to conduct any adjudication hearing required under  2280
division (F) of this section.  2281
       The crematory and reduction facility review board shall  2282
submit a written report of findings and advisory  2283
recommendations, and a written transcript of its proceedings, to  2284
the board of embalmers and funeral directors. The board of  2285
embalmers and funeral directors shall serve a copy of the  2286
written report of the crematory and reduction facility review  2287
board's findings and advisory recommendations on the party to  2288
the adjudication or the party's attorney, by certified mail,  2289
within five days after receiving the report and advisory  2290
recommendations. A party may file objections to the written  2291
report with the board of embalmers and funeral directors within  2292
ten days after receiving the report. No written report is final  2293
or appealable until it is issued as a final order by the board  2294
of embalmers and funeral directors and entered on the record of  2295
the proceedings. The board of embalmers and funeral directors  2296
shall consider objections filed by the party prior to issuing a  2297
final order. After reviewing the findings and advisory  2298
recommendations of the crematory and reduction facility review  2299
board, the written transcript of the crematory and reduction  2300
facility review board's proceedings, and any objections filed by  2301
a party, the board of embalmers and funeral directors shall  2302
issue a final order in the matter. Any party may appeal the  2303
final order issued by the board of embalmers and funeral  2304
directors in a matter described in divisions (F)(1) to (4) of  2305
this section in accordance with section 119.12 of the Revised  2306
Code, except that the appeal may be made to the court of common  2307
S. B. No. 323  Page 82
As Introduced
pleas in the county in which is located the crematory or  2308
reduction facility to which the final order pertains, or in the  2309
county in which the party resides.  2310
       (G) On its own initiative or on receiving a written  2311
complaint from any person whose identity is made known to the  2312
board of embalmers and funeral directors, the board shall  2313
investigate the acts or practices of any person holding or  2314
claiming to hold a license, permit, or certification under this  2315
chapter that, if proven to have occurred, would violate this  2316
chapter or any rules adopted under it. The board may compel  2317
witnesses by subpoena to appear and testify in relation to  2318
investigations conducted under this chapter and may require by  2319
subpoena duces tecum the production of any book, paper, or  2320
document pertaining to an investigation. If a person does not  2321
comply with a subpoena or subpoena duces tecum, the board may  2322
apply to the court of common pleas of any county in this state  2323
for an order compelling the person to comply with the subpoena  2324
or subpoena duces tecum, or for failure to do so, to be held in  2325
contempt of court.  2326
       (H) If, as a result of its investigation conducted under  2327
division (G) of this section, the board of embalmers and funeral  2328
directors has reasonable cause to believe that the person  2329
investigated is violating any provision of this chapter or any  2330
rules adopted under this chapter governing or in connection with  2331
embalming, funeral directing, cremation, reduction, funeral  2332
homes, embalming facilities, or cremationcrematory facilities,  2333
or reduction facilities, or the operation of funeral homes,  2334
embalming facilities, or crematory facilities, or reduction  2335
facilities, it may, after providing the opportunity for an  2336
adjudicatory hearing, issue an order directing the person to  2337
cease the acts or practices that constitute the violation. The  2338
S. B. No. 323  Page 83
As Introduced
board shall conduct the adjudicatory hearing in accordance with  2339
Chapter 119. of the Revised Code except that, notwithstanding  2340
the provisions of that chapter, the following shall apply:  2341
       (1) The board shall send the notice informing the person  2342
of the person's right to a hearing by certified mail.  2343
       (2) The person is entitled to a hearing only if the person  2344
requests a hearing and if the board receives the request within  2345
thirty days after the mailing of the notice described in  2346
division (H)(1) of this section.  2347
       (3) A stenographic record shall be taken, in the manner  2348
prescribed in section 119.09 of the Revised Code, at every  2349
adjudicatory hearing held under this section, regardless of  2350
whether the record may be the basis of an appeal to a court.  2351
       (I) If, as a result of its investigation conducted under  2352
division (G) of this section, the board of embalmers and funeral  2353
directors has reasonable cause to believe that the person  2354
investigated is violating any provision of this chapter or any  2355
rules adopted under this chapter governing or in connection with  2356
crematory or reduction facility operators, crematory or  2357
reduction facilities, or cremation, or natural organic  2358
reduction, the board shall send written notice of the alleged  2359
violation to the crematory and reduction facility review board.  2360
If, after the conclusion of the adjudicatory hearing in the  2361
matter conducted under division (F) of this section, the board  2362
of embalmers and funeral directors finds that a person is in  2363
violation of any provision of this chapter or any rules adopted  2364
under this chapter governing or in connection with crematory or  2365
reduction facility operators, crematory or reduction facilities,  2366
or cremation, or natural organic reduction, the board may issue  2367
a final order under that division directing the person to cease  2368
S. B. No. 323  Page 84
As Introduced
the acts or practices that constitute the violation.  2369
       (J) The board of embalmers and funeral directors may bring  2370
a civil action to enjoin any violation or threatened violation  2371
of sections 4717.01 to 4717.15 of the Revised Code or a rule  2372
adopted under any of those sections; division (A) or (B) of  2373
section 4717.23; division (B)(1) or (2), (C)(1) or (2), (D),  2374
(E), or (F)(1) or (2), or divisions (H) to (K) of section  2375
4717.26; division (D)(1) of section 4717.27; divisions (A) to  2376
(C) of section 4717.28, or division (D) or (E) of section  2377
4717.31 of the Revised Code. The action shall be brought in the  2378
county where the violation occurred or the threatened violation  2379
is expected to occur. At the request of the board, the attorney  2380
general shall represent the board in any matter arising under  2381
this chapter.  2382
       (K) The board of embalmers and funeral directors and the  2383
crematory and reduction facility review board may issue  2384
subpoenas for any person holding a license or permit under this  2385
chapter or persons holding themselves out as such, or for any  2386
other person whose testimony, in the opinion of either board, is  2387
necessary. The subpoena shall require the person to appear  2388
before the appropriate board or any designated member of either  2389
board, upon any hearing conducted under this chapter. The  2390
penalty for disobedience to the command of such a subpoena is  2391
the same as for refusal to answer such a process issued under  2392
authority of the court of common pleas.  2393
       (L) Except as provided in section 4717.41 of the Revised  2394
Code, all moneys received by the board of embalmers and funeral  2395
directors from any source shall be deposited in the state  2396
treasury to the credit of the occupational licensing and  2397
regulatory fund created in section 4743.05 of the Revised Code.  2398
S. B. No. 323  Page 85
As Introduced
       (M) The board of embalmers and funeral directors shall  2399
submit a written report to the governor on or before the first  2400
Monday of July of each year. This report shall contain a  2401
detailed statement of the nature and amount of the board's  2402
receipts and the amount and manner of its expenditures.  2403
       Sec. 4717.04. (A) The board of embalmers and funeral  2404
directors shall adopt rules in accordance with Chapter 119. of  2405
the Revised Code for the government, transaction of the  2406
business, and the management of the affairs of the board of  2407
embalmers and funeral directors and the crematory and reduction  2408
facility review board, and for the administration and  2409
enforcement of this chapter. These rules shall include all of  2410
the following:  2411
       (1) The nature, scope, content, and form of the  2412
application that must be completed and license examination that  2413
must be passed in order to receive an embalmer's license or a  2414
funeral director's license under section 4717.05 of the Revised  2415
Code. The rules shall ensure both of the following:  2416
       (a) That the embalmer's license examination tests the  2417
applicant's knowledge through at least a comprehensive section  2418
and an Ohio laws section;  2419
       (b) That the funeral director's license examination tests  2420
the applicant's knowledge through at least a comprehensive  2421
section, an Ohio laws section, and a sanitation section.  2422
       (2) The minimum license examination score necessary to be  2423
licensed under section 4717.05 of the Revised Code as an  2424
embalmer or as a funeral director;  2425
       (3) Procedures for determining the dates of the embalmer's  2426
and funeral director's license examinations, which shall be  2427
S. B. No. 323  Page 86
As Introduced
administered at least once each year, the time and place of each  2428
examination, and the supervision required for each examination;  2429
       (4) Procedures for determining whether the board shall  2430
accept an applicant's compliance with the licensure,  2431
registration, or certification requirements of another state as  2432
grounds for granting the applicant a license under this chapter;  2433
       (5) A determination of whether completion of a nationally  2434
recognized embalmer's or funeral director's examination  2435
sufficiently meets the license requirements for the  2436
comprehensive section of either the embalmer's or the funeral  2437
director's license examination administered under this chapter;  2438
       (6) Continuing education requirements for licensed  2439
embalmers and funeral directors;  2440
       (7) Requirements for the licensing and operation of  2441
funeral homes;  2442
       (8) Requirements for the licensing and operation of  2443
embalming facilities;  2444
       (9) A schedule that lists, and specifies a forfeiture  2445
commensurate with, each of the following types of conduct which,  2446
for the purposes of division (A)(9) of this section and section  2447
4717.15 of the Revised Code, are violations of this chapter:  2448
       (a) Obtaining a license under this chapter by fraud or  2449
misrepresentation either in the application or in passing the  2450
required examination for the license;  2451
       (b) Purposely violating any provision of sections 4717.01  2452
to 4717.15 of the Revised Code or a rule adopted under any of  2453
those sections; division (A) or (B) of section 4717.23; division  2454
(B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or  2455
S. B. No. 323  Page 87
As Introduced
divisions (H) to (K) of section 4717.26; division (D)(1) of  2456
section 4717.27; or divisions (A) to (C) of section 4717.28 of  2457
the Revised Code;  2458
       (c) Committing unprofessional conduct;  2459
       (d) Knowingly permitting an unlicensed person, other than  2460
a person serving an apprenticeship, to engage in the profession  2461
or business of embalming or funeral directing under the  2462
licensee's supervision;  2463
       (e) Refusing to promptly submit the custody of a dead  2464
human body or cremated or reduced remains upon the express order  2465
of the person legally entitled to the body;  2466
       (f) Transferring a license to operate a funeral home,  2467
embalming facility, or crematory facility or reduction facility  2468
from one owner or operator to another, or from one location to  2469
another, without notifying the board and following the  2470
requirements of section 4717.11 of the Revised Code;  2471
       (g) Misleading the public using false or deceptive  2472
advertising;  2473
       (h) Failing to forward to the board on or before its due  2474
date the annual report of preneed funeral sales required by  2475
division (J) of section 4717.31 of the Revised Code. If the  2476
annual report is sent to the board by United States mail, it  2477
shall be postmarked on or before the due date for the submission  2478
of the annual report in order to be timely filed with the board.  2479
Mail that is not postmarked shall be considered filed on the  2480
date it is received by the board.  2481
       Each instance of the commission of any of the types of  2482
conduct described in division (A)(9) of this section is a  2483
separate violation. The rules adopted under division (A)(9) of  2484
S. B. No. 323  Page 88
As Introduced
this section shall establish the amount of the forfeiture for a  2485
violation of each of those divisions. The forfeiture for a first  2486
violation shall not exceed five thousand dollars, and the  2487
forfeiture for a second or subsequent violation shall not exceed  2488
ten thousand dollars. The amount of the forfeiture may differ  2489
among the types of violations according to what the board  2490
considers the seriousness of each violation.  2491
       (10) Requirements for the licensing and operation of  2492
crematory facilities;  2493
       (11) Requirements for the licensing and operation of  2494
reduction facilities;  2495
       (12) Procedures for the board to take possession of and to  2496
arrange the lawful disposition of unclaimed cremated or reduced  2497
remains that were held or stored at a funeral home or ,  2498
crematory, or reduction facility that has been closed;  2499
       (12)(13) Procedures for the issuance of duplicate  2500
licenses;  2501
       (13)(14) Requirements for criminal records checks of  2502
applicants under section 4776.03 of the Revised Code;  2503
       (14)(15) The amount and content of corrective action  2504
courses required by the board under section 4717.14 of the  2505
Revised Code.  2506
       (B) The board may adopt rules governing the educational  2507
standards for licensure as an embalmer or funeral director, or  2508
obtaining a permit to be a crematory operator, or reduction  2509
facility operator, and the standards of service and practice to  2510
be followed in embalming, funeral directing, and cremation, and  2511
natural organic reduction, , and in the operation of funeral  2512
homes, embalming facilities, and crematory facilities, and  2513
S. B. No. 323  Page 89
As Introduced
reduction facilities in this state.  2514
       (C) Nothing in this chapter authorizes the board of  2515
embalmers and funeral directors to regulate cemeteries, except  2516
that the board shall license and regulate funeral homes,  2517
embalming facilities, and crematory facilities and reduction  2518
facilities located at cemeteries in accordance with this  2519
chapter.  2520
       (D) If the executive director of the board has knowledge  2521
or notice of a violation of division (A)(1), (3), (5), or (6) of  2522
section 4717.13 of the Revised Code or that a person is engaging  2523
in the business or profession of funeral directing in violation  2524
of division (A)(14)(A)(13) of that section, the executive  2525
director shall notify the appropriate law enforcement authority  2526
for investigation.  2527
       Sec. 4717.06. (A)(1) A licensed funeral director who  2528
desires to obtain a license to operate a funeral home, a  2529
licensed embalmer who desires to obtain a license to operate an  2530
embalming facility, or a holder of a crematory operator permit  2531
who desires to obtain a license to operate a crematory facility,  2532
or a holder of a reduction facility operator permit who desires  2533
to operate a reduction facility shall apply to the board of  2534
embalmers and funeral directors on a form prescribed by the  2535
board. The application shall include the initial license  2536
application fee set forth in section 4717.07 of the Revised Code  2537
and proof satisfactory to the board that the funeral home,  2538
embalming facility, or crematory facility, or reduction facility  2539
is in compliance with rules adopted by the board under section  2540
4717.04 of the Revised Code, rules adopted by the board of  2541
building standards under Chapter 3781. of the Revised Code, and  2542
all other federal, state, and local requirements relating to the  2543
S. B. No. 323  Page 90
As Introduced
safety of the premises.  2544
       (2) If the funeral home, embalming facility, or crematory  2545
facility, or reduction facility to which the license application  2546
pertains is owned by a corporation or limited liability company,  2547
the application shall include the name and address of the  2548
corporation's or limited liability company's statutory agent  2549
appointed under section 1701.07 of the Revised Code, former  2550
section 1705.06 of the Revised Code as that section existed  2551
prior to February 11, 2022, or section 1706.09 of the Revised  2552
Code or, in the case of a foreign corporation, the corporation's  2553
designated agent appointed under section 1703.041 of the Revised  2554
Code. If the funeral home, embalming facility, or crematory  2555
facility, or reduction facility to which the application  2556
pertains is owned by a partnership, the application shall  2557
include the name and address of each of the partners. If, at any  2558
time after the submission of a license application or issuance  2559
of a license, the statutory or designated agent of a corporation  2560
or limited liability company owning a funeral home, embalming  2561
facility, or crematory facility or the address of the statutory  2562
or designated agent changes or, in the case of a partnership,  2563
any of the partners of the funeral home, embalming facility, or  2564
crematory facility, or reduction facility, or the address of any  2565
of the partners changes, the applicant for or holder of the  2566
license to operate the funeral home, embalming facility, or  2567
crematory facility, or reduction facility, shall submit written  2568
notice to the board, within thirty days after the change,  2569
informing the board of the change and of any name or address of  2570
a statutory or designated agent or partner that has changed from  2571
that contained in the application for the license or the most  2572
recent notice submitted under division (A)(2) of this section.  2573
       (B)(1) The board of embalmers and funeral directors shall  2574
S. B. No. 323  Page 91
As Introduced
issue a license to operate a funeral home only to a licensed  2575
funeral director who is named in the application as the funeral  2576
director actually in charge and ultimately responsible for the  2577
funeral home. The board shall issue the license only for the  2578
address at which the funeral home is physically located and  2579
operated. The funeral home license and licenses of the embalmers  2580
and funeral directors employed by the funeral home shall be  2581
displayed in a conspicuous place within the funeral home.  2582
       (2) The funeral home shall have on the premises one of the  2583
following:  2584
       (a) If embalming will take place at the funeral home, an  2585
embalming room that is adequately equipped and maintained. The  2586
embalming room shall be kept in a clean and sanitary manner and  2587
used only for the embalming, preparation, or holding of dead  2588
human bodies. The embalming room shall contain only the  2589
articles, facilities, and instruments necessary for those  2590
purposes.  2591
       (b) If embalming will not take place at the funeral home,  2592
a holding room that is adequately equipped and maintained. The  2593
holding room shall be kept in a clean and sanitary manner and  2594
used only for the preparation, other than embalming, and holding  2595
of dead human bodies. The holding room shall contain only the  2596
articles and facilities necessary for those purposes.  2597
       (3) Each funeral home shall be directly supervised by a  2598
funeral director licensed under this chapter, who may supervise  2599
more than one funeral home.  2600
       (C)(1) The board shall issue a license to operate an  2601
embalming facility only to a licensed embalmer who is actually  2602
in charge of and ultimately responsible for the embalming  2603
S. B. No. 323  Page 92
As Introduced
facility. The board shall issue the license only for the address  2604
at which the embalming facility is physically located and  2605
operated. The license shall be displayed in a conspicuous place  2606
within the facility.  2607
       (2) The embalming facility shall be adequately equipped  2608
and maintained in a sanitary manner. The embalming room at such  2609
a facility shall contain only the articles, facilities, and  2610
instruments necessary for its stated purpose. The embalming room  2611
shall be kept in a clean and sanitary condition and used only  2612
for the care and preparation of dead human bodies.  2613
       (D)(1) The board shall issue a license to operate a  2614
crematory facility only to a crematory operator who is actually  2615
in charge and ultimately responsible for the crematory facility.  2616
The board shall issue the license only for the address at which  2617
the crematory facility is physically located and operated. The  2618
license shall be displayed in a conspicuous place within the  2619
crematory facility.  2620
       (2) The crematory facility shall be adequately equipped  2621
and maintained in a clean and sanitary manner. The crematory  2622
facility may be located in a funeral home, embalming facility,  2623
reduction facility, cemetery building, or other building in  2624
which the crematory facility may lawfully operate. If a  2625
crematory facility engages in the cremation of animals, the  2626
crematory facility shall cremate animals in a cremation chamber  2627
that also is not used to cremate dead human bodies or human body  2628
parts and shall not cremate animals in a cremation chamber used  2629
for the cremation of dead human bodies and human body parts.  2630
Cremation chambers that are used for the cremation of dead human  2631
bodies or human body parts and cremation chambers used for the  2632
cremation of animals may be located in the same area. Cremation  2633
S. B. No. 323  Page 93
As Introduced
chambers used for the cremation of animals shall have  2634
conspicuously displayed on the unit a notice that the unit is to  2635
be used for animals only.  2636
       (3) A license to operate a crematory facility shall be  2637
issued to the person actually in charge of the crematory  2638
facility. This section does not require the individual who is  2639
actually in charge of the crematory facility to be an embalmer  2640
or , funeral director, or reduction facility operator licensed  2641
under this chapter.  2642
       (4) Nothing in this section or rules adopted under section  2643
4717.04 of the Revised Code precludes the establishment and  2644
operation of a crematory facility on or adjacent to the property  2645
on which a cemetery, funeral home, reduction facility, or  2646
embalming facility is located.  2647
       (E)(1) The board shall issue a reduction facility license  2648
only for the address at which the reduction facility is  2649
physically located and operated. The license shall be displayed  2650
in a conspicuous place within the reduction facility.  2651
       (2) The reduction facility shall be adequately equipped  2652
and maintained in a clean and sanitary manner. The reduction  2653
facility may be located in a funeral home, embalming facility,  2654
cemetery building, crematory facility, or any other building in  2655
which the reduction facility may lawfully operate. If the  2656
reduction facility engages in natural organic reduction of  2657
animals, the reduction facility shall reduce animals in a  2658
reduction chamber that is not also used for reduction of dead  2659
human bodies or human body parts and shall not reduce animals in  2660
a reduction chamber used for the reduction of dead human bodies  2661
or human body parts. Reduction chambers that are used for the  2662
reduction of dead human bodies or human body parts and the  2663
S. B. No. 323  Page 94
As Introduced
reduction chambers used for the reduction of animals may be  2664
located in the same area. Reduction chambers used for the  2665
reduction of animals shall have conspicuously displayed on the  2666
unit a notice that the unit is to be used for animals only.  2667
       (3) The board shall issue a reduction facility license  2668
only to the holder of a reduction facility operator permit  2669
issued under section 4717.052 of the Revised Code who is  2670
actually in charge and ultimately responsible for the reduction  2671
facility. This section does not require the person in charge of  2672
the reduction facility to be an embalmer or funeral director  2673
licensed under this chapter, or the holder of a crematory  2674
operator permit.  2675
       (4) Nothing in this chapter or rules adopted under section  2676
4717.04 of the Revised Code precludes the establishment and  2677
operation of a reduction facility on or adjacent to the property  2678
on which a cemetery, funeral home, embalming facility, or  2679
crematory facility is located.  2680
       Sec. 4717.07. (A) The board of embalmers and funeral  2681
directors shall charge and collect the following fees:  2682
       (1) For applying for an initial or biennial renewal of an  2683
embalmer's or funeral director's license, or a reactivation of a  2684
license as described in division (H) of section 4717.05 of the  2685
Revised Code, two hundred dollars;  2686
       (2) For applying for an embalmer or funeral director  2687
certificate of apprenticeship, thirty-five dollars;  2688
       (3) For the application to take the examination for a  2689
license to practice as an embalmer or funeral director, or to  2690
retake a section of the examination, thirty-five dollars;  2691
       (4) For applying for an initial license to operate a  2692
S. B. No. 323  Page 95
As Introduced
funeral home, four hundred dollars and biennial renewal of a  2693
license to operate a funeral home, four hundred dollars;  2694
       (5) For the reinstatement of a lapsed embalmer's or  2695
funeral director's license, the renewal fee prescribed in  2696
division (A)(1) of this section plus fifty dollars for each  2697
month or portion of a month the license is lapsed, but not more  2698
than one thousand dollars;  2699
       (6) For the reinstatement of a lapsed license to operate a  2700
funeral home, the renewal fee prescribed in division (A)(4) of  2701
this section plus fifty dollars for each month or portion of a  2702
month the license is lapsed until reinstatement, but not more  2703
than one thousand dollars;  2704
       (7) For applying for a license to operate an embalming  2705
facility, four hundred dollars and biennial renewal of a license  2706
to operate an embalming facility, four hundred dollars;  2707
       (8) For the reinstatement of a lapsed license to operate  2708
an embalming facility, the renewal fee prescribed in division  2709
(A)(7) of this section plus fifty dollars for each month or  2710
portion of a month the license is lapsed until reinstatement,  2711
but not more than one thousand dollars;  2712
       (9) For applying for a license to operate a crematory  2713
facility, four hundred dollars and biennial renewal of a license  2714
to operate a crematory facility, four hundred dollars;  2715
       (10) For the reinstatement of a lapsed license to operate  2716
a crematory facility, the renewal fee prescribed in division (A)  2717
(9) of this section plus fifty dollars for each month or portion  2718
of a month the license is lapsed until reinstatement, but not  2719
more than five hundred dollars;  2720
       (11) For applying for the initial or biennial renewal of a  2721
S. B. No. 323  Page 96
As Introduced
crematory operator permit, one hundred fifty dollars;  2722
       (12) For the reinstatement of a lapsed crematory operator  2723
permit, the renewal fee prescribed in division (A)(11) of this  2724
section plus fifty dollars for each month or portion of a month  2725
the permit is lapsed, but not more than five hundred dollars;  2726
       (13) For applying for a license to operate a reduction  2727
facility, four hundred dollars, and biennial renewal of a  2728
license to operate a reduction facility, four hundred dollars;  2729
       (14) For the reinstatement of a lapsed license to operate  2730
a reduction facility, the renewal fee prescribed in division (A)  2731
(13) of this section plus fifty dollars for each month or  2732
portion of a month the license is lapsed until reinstatement,  2733
but not more than five hundred dollars;  2734
       (15) For applying for the initial or biennial renewal of a  2735
reduction facility operator permit, one hundred fifty dollars;  2736
       (16) For the reinstatement of a lapsed reduction facility  2737
operator permit, the renewal fee prescribed in division (A)(15)  2738
of this section plus fifty dollars for each month or portion of  2739
a month the permit is lapsed, but not more than five hundred  2740
dollars;  2741
       (17) For the issuance of a duplicate of a license issued  2742
under this chapter, ten dollars;  2743
       (14)(18) For each preneed funeral contract sold in the  2744
state other than those funded by the assignment of an existing  2745
insurance policy, ten dollars.  2746
       (B) In addition to the fees set forth in division (A) of  2747
this section, an applicant shall pay the examination fee  2748
assessed by any examining agency the board uses for any section  2749
S. B. No. 323  Page 97
As Introduced
of an examination required under this chapter.  2750
       (C) Subject to the approval of the controlling board, the  2751
board of embalmers and funeral directors may establish fees in  2752
excess of the amounts set forth in this section, provided that  2753
these fees do not exceed the amounts set forth in this section  2754
by more than fifty per cent.  2755
       Sec. 4717.08. (A) Every license and permit issued under  2756
this chapter expires on the last day of December of each even-  2757
numbered year and shall be renewed on or before that date  2758
according to the standard license renewal procedure set forth in  2759
Chapter 4745. of the Revised Code. Licenses and permits not  2760
renewed by the last day of December of each even-numbered year  2761
are lapsed.  2762
       (B) A holder of a lapsed license to operate a funeral  2763
home, license to operate an embalming facility, or license to  2764
operate a crematory facility, or reduction facility or a  2765
crematory operator or reduction facility operator permit may  2766
reinstate the license or permit with the board by paying the  2767
lapsed license fee established under section 4717.07 of the  2768
Revised Code.  2769
       (C) A holder of a lapsed embalmer's or funeral director's  2770
license may reinstate the license with the board by paying the  2771
lapsed license fee established under section 4717.07 of the  2772
Revised Code, except that if the license is lapsed for more than  2773
one hundred eighty days after its expiration date, the holder  2774
also shall take and pass the Ohio laws examination for each  2775
license as a condition for reinstatement.  2776
       Sec. 4717.11. (A)(1) A person who is licensed to operate a  2777
funeral home shall surrender that person's license to operate a  2778
S. B. No. 323  Page 98
As Introduced
funeral home within thirty days after a change in any of the  2779
following:  2780
       (a) The location of the funeral home;  2781
       (b) The person who is actually in charge and ultimately  2782
responsible for the funeral home;  2783
       (c) Ownership of the funeral home business that owns the  2784
funeral home that results in a majority of the ownership of the  2785
funeral business being held by one or more persons who solely or  2786
in combination with others did not own a majority of the funeral  2787
business immediately prior to the change in ownership.  2788
       (2) Within thirty days after a change described in  2789
division (A)(1) of this section occurs, the funeral director who  2790
will be actually in charge and ultimately responsible for the  2791
funeral home after the change shall apply for a new funeral home  2792
license. Upon the filing of an application for a funeral home  2793
license by a licensed funeral director, the funeral home may  2794
continue to operate until the board denies the funeral home's  2795
application.  2796
       (B)(1) A person who is licensed to operate an embalming  2797
facility shall surrender that person's license to operate an  2798
embalming facility within thirty days after a change in any of  2799
the following:  2800
       (a) The location of the embalming facility;  2801
       (b) The person who is actually in charge and ultimately  2802
responsible for the embalming facility;  2803
       (c) Ownership of the business entity that owns the  2804
embalming facility that results in a majority of the ownership  2805
of the business entity being held by one or more persons who  2806
S. B. No. 323  Page 99
As Introduced
solely or in combination with others did not own a majority of  2807
the business entity immediately prior to the change in  2808
ownership.  2809
       (2) Within thirty days after a change described in  2810
division (B)(1) of this section occurs, the person who will be  2811
actually in charge and ultimately responsible for the embalming  2812
facility after the change shall apply for a new license to  2813
operate the embalming facility. Upon filing of an application  2814
for a license to operate an embalming facility by a licensed  2815
embalmer, the embalming facility may continue to operate until  2816
the board denies the embalming facility's application.  2817
       (C)(1) A person who is licensed to operate a crematory  2818
facility shall surrender that person's license to operate a  2819
crematory facility within thirty days after a change in any of  2820
the following:  2821
       (a) The location of the crematory facility;  2822
       (b) The person who is actually in charge and ultimately  2823
responsible for the crematory facility;  2824
       (c) Ownership of the business entity that owns the  2825
crematory facility that results in a majority of the ownership  2826
of the business entity being held by one or more persons who  2827
alone or in combination with others did not own a majority of  2828
the business entity immediately prior to the change in  2829
ownership.  2830
       (2) Within thirty days after a change described in  2831
division (C)(1) of this section occurs, the person who will be  2832
actually in charge and ultimately responsible for the crematory  2833
facility after the change shall apply for a new license to  2834
operate the crematory facility. Upon the filing of an  2835
S. B. No. 323  Page 100
As Introduced
application for a license to operate a crematory facility by a  2836
person holding a crematory operator permit, the crematory  2837
facility may continue to operate until the board denies the  2838
crematory facility's application.  2839
       (D)(1)(D) A person who is licensed to operate a reduction  2840
facility shall obtain a new license upon any change in the  2841
location of the facility or any change in the ownership of the  2842
business entity operating the facility that results in a  2843
majority of the ownership of the business entity being held by  2844
one or more persons who solely or in combination with others did  2845
not own a majority of the business entity immediately before the  2846
change in ownership. The person licensed to operate the  2847
reduction facility shall surrender the current license to the  2848
board within thirty days after any such change occurs.  2849
       (E)(1) The board of embalmers and funeral directors shall  2850
review applications for new licenses under section 4717.06 of  2851
the Revised Code.  2852
       (2) If the board, upon receiving satisfactory evidence,  2853
determines that the applicant satisfies all of the requirements  2854
of division (A), (B), (C), or (D) of section 4717.06 of the  2855
Revised Code with respect to a particular funeral home,  2856
embalming facility, or crematory facility, or reduction  2857
facility, the board shall issue to the applicant a new license  2858
to operate that funeral home, embalming facility, or crematory  2859
facility, or reduction facility.  2860
       Sec. 4717.13. (A) No person shall do any of the following:  2861
       (1) Engage in the business or profession of funeral  2862
directing unless the person is licensed as a funeral director  2863
under this chapter, is certified as an apprentice funeral  2864
S. B. No. 323  Page 101
As Introduced
director in accordance with rules adopted under section 4717.04  2865
of the Revised Code and under the supervision of a funeral  2866
director licensed under this chapter, or is a student in a  2867
college of mortuary sciences approved by the board of embalmers  2868
and funeral directors and is under the direct supervision of a  2869
funeral director licensed by the board;  2870
       (2) Engage in embalming unless the person is licensed as  2871
an embalmer under this chapter, is certified as an apprentice  2872
embalmer in accordance with rules adopted under section 4717.04  2873
of the Revised Code and is under the supervision of an embalmer  2874
licensed under this chapter, or is a student in a college of  2875
mortuary science approved by the board and is under the direct  2876
supervision of an embalmer licensed by the board;  2877
       (3) Advertise or otherwise offer to provide or convey the  2878
impression that the person provides funeral directing services  2879
unless the person is licensed as a funeral director under this  2880
chapter and is employed by or under contract to a licensed  2881
funeral home and performs funeral directing services for that  2882
funeral home in a manner consistent with the advertisement,  2883
offering, or conveyance;  2884
       (4) Advertise or otherwise offer to provide or convey the  2885
impression that the person provides embalming services unless  2886
the person is licensed as an embalmer under this chapter and is  2887
employed by or under contract to a licensed funeral home or a  2888
licensed embalming facility and performs embalming services for  2889
the funeral home or embalming facility in a manner consistent  2890
with the advertisement, offering, or conveyance;  2891
       (5) Operate a funeral home without a license to operate  2892
the funeral home issued by the board under this chapter;  2893
S. B. No. 323  Page 102
As Introduced
       (6) Practice the business or profession of funeral  2894
directing from any place except from a funeral home that a  2895
person is licensed to operate under this chapter;  2896
       (7) Practice embalming from any place except from a  2897
funeral home or embalming facility that a person is licensed to  2898
operate under this chapter;  2899
       (8) Operate a crematory facility or perform cremation  2900
without a license to operate the crematory facility issued under  2901
this chapter;  2902
       (9) Cremate animals in a cremation chamber in which dead  2903
human bodies or body parts are cremated or cremate dead human  2904
bodies or human body parts in a cremation chamber in which  2905
animals are cremated;  2906
       (10) Hold a dead human body, before final disposition, for  2907
more than forty-eight hours after the time of death unless the  2908
dead human body is embalmed or placed into refrigeration and  2909
maintained at a constant temperature of less than forty degrees;  2910
       (11) Operate a reduction facility or perform reduction  2911
without a license to operate the reduction facility issued under  2912
this chapter;  2913
       (12) Reduce animals in a reduction chamber in which dead  2914
human bodies or human body parts are reduced or reduce dead  2915
human bodies or human body parts in a reduction chamber in which  2916
animals are reduced;  2917
       (13) Knowingly refuse to promptly submit the custody of a  2918
dead human body or cremated or reduced remains upon the oral or  2919
written order of the person legally entitled to the body or  2920
cremated remains;  2921
S. B. No. 323  Page 103
As Introduced
       (12)(14) Except as ordered by the coroner or the person  2922
holding the right of disposition under section 2108.70 or  2923
2108.81 of the Revised Code, knowingly fail to carry out the  2924
final disposition of a dead human body within thirty days after  2925
taking custody of the body;  2926
       (13)(15) Engage in cremation as defined in section 4717.01  2927
of the Revised Code unless the person holds a crematory operator  2928
permit under this chapter;  2929
       (14)(16) Engage in natural organic reduction unless the  2930
person holds a reduction facility operator permit under section  2931
4717.052 of the Revised Code;(17) Engage in the business or  2932
profession of funeral directing, engage in embalming, or operate  2933
a crematory facility or perform cremation, operate a reduction  2934
facility or perform reduction with a lapsed license as defined  2935
under section 4717.01 of the Revised Code.  2936
       (B) No funeral director or other person in charge of the  2937
final disposition of a dead human body shall fail to do one of  2938
the following prior to the interment of the body:  2939
       (1) Affix to the ankle or wrist of the deceased a tag  2940
encased in a durable and long-lasting material that contains the  2941
name, date of birth, date of death, and social security number  2942
of the deceased;  2943
       (2) Place in the casket a capsule containing a tag bearing  2944
the information described in division (B)(1) of this section;  2945
       (3) If the body was cremated or reduced, place a tag  2946
bearing the information described in division (B)(1) of this  2947
section in any vessel containing either of the following:  2948
       (a) All the cremated or reduced remains;  2949
S. B. No. 323  Page 104
As Introduced
        (b) More than ten cubic inches of the cremated or reduced  2950
remains.  2951
        (C) No person who holds a funeral home license for a  2952
funeral home that is closed, or that is owned by a funeral  2953
business in which changes in the ownership of the funeral  2954
business result in a majority of the ownership of the funeral  2955
business being held by one or more persons who solely or in  2956
combination with others did not own a majority of the funeral  2957
business immediately prior to the change in ownership, shall  2958
fail to submit to the board within thirty days after the closing  2959
or such change of ownership of the funeral business owning the  2960
funeral home, a clearly enumerated account of all of the  2961
following from which the licensee, at the time of the closing or  2962
change of ownership of the funeral business and in connection  2963
with the funeral home, was to receive payment for providing the  2964
funeral services, funeral goods, or any combination of those in  2965
connection with the funeral or final disposition of a dead human  2966
body:  2967
        (1) Preneed funeral contracts governed by sections 4717.31  2968
to 4717.38 of the Revised Code;  2969
        (2) Life insurance policies or annuities the benefits of  2970
which are payable to the provider of funeral or burial goods or  2971
services;  2972
        (3) Accounts at banks or savings banks insured by the  2973
federal deposit insurance corporation, savings and loan  2974
associations insured by the federal savings and loan insurance  2975
corporation or the Ohio deposit guarantee fund, or credit unions  2976
insured by the national credit union administration or a credit  2977
union share guaranty corporation organized under Chapter 1761.  2978
of the Revised Code that are payable upon the death of the  2979
S. B. No. 323  Page 105
As Introduced
person for whose benefit deposits into the accounts were made.  2980
       (D)(1) No person who holds a funeral home license for a  2981
funeral home that is closed shall negligently fail to send  2982
written notice to the purchaser of every preneed funeral  2983
contract to which the funeral business is a party via first  2984
class United States mail. Such notice shall be addressed to the  2985
purchaser's last known address and shall explain that the  2986
funeral business is being closed and the name of any funeral  2987
business that has been designated to assume the obligations of  2988
the preneed contract.  2989
       (2) Within thirty days of the closing of a funeral home,  2990
no person who held the funeral home license for the closed  2991
funeral home shall negligently fail to transfer all preneed  2992
contracts to the funeral home or funeral homes that have been  2993
designated to assume the obligation of the preneed contracts. If  2994
the person who holds a funeral home license for a funeral home  2995
that is closed fails to designate a successor funeral home or  2996
funeral homes to assume the obligations of the preneed funeral  2997
contracts, the board shall make such designations and order the  2998
transfer of the preneed funeral contracts to the designated  2999
funeral home or funeral homes.  3000
       (E) No person who holds a license under this chapter for a  3001
facility that is going out of business and that is in possession  3002
of unclaimed cremated or reduced remains shall fail to submit to  3003
the board, within thirty days prior to the closing, a copy of  3004
the written notice required in division (F) of this section and  3005
a clearly enumerated account of all unclaimed cremated remains  3006
in possession of the facility.  3007
       (F) Within thirty days prior to the closing of a facility  3008
that is going out of business and that is in possession of  3009
S. B. No. 323  Page 106
As Introduced
unclaimed cremated or reduced remains, the person who is  3010
actually in charge of and ultimately responsible for the  3011
facility shall send written notice via first-class mail to the  3012
last known address of the authorizing agent who executed the  3013
cremation or reduction authorization form or the person  3014
designated on the cremation authorization form to receive the  3015
cremated remains. Such notice shall include the following:  3016
       (1) A statement that the funeral business is going out of  3017
business and will close;  3018
       (2) The expected date of closure;  3019
       (3) The manner in which the unclaimed cremated or reduced  3020
remains will be disposed and, if applicable, the location from  3021
which the cremated remains can be retrieved.  3022
       (G) If the person who is actually in charge of and  3023
ultimately responsible for the facility is unable to comply with  3024
divisions (F)(1) to (3) of this section and cannot locate the  3025
last known address of the authorizing agent who executed the  3026
cremation or reduction authorization form or the person  3027
designated on the cremation or reduction authorization form to  3028
receive the cremated or reduced remains, the person who is  3029
actually in charge of and ultimately responsible for the  3030
facility may seek a declaratory judgment to dispose of the  3031
unclaimed cremated remains from the probate court in the county  3032
in which the facility is located.  3033
       (H) Within thirty days prior to the closing of a facility  3034
that is going out of business, no person who held the license  3035
for the facility shall negligently fail to dispose of all  3036
unclaimed cremated or reduced remains as designated in the  3037
written notice or, if unclaimed in excess of sixty days, in a  3038
S. B. No. 323  Page 107
As Introduced
manner consistent with section 4717.27 of the Revised Code.  3039
       Sec. 4717.14. (A) The board of embalmers and funeral  3040
directors may, except as provided in division (G) of this  3041
section, refuse to grant or renew, or may suspend or revoke, any  3042
license or permit issued under this chapter or may require the  3043
holder of a license or permit to take corrective action courses  3044
for any of the following reasons:  3045
       (1) The holder of a license or permit obtained the license  3046
or permit by fraud or misrepresentation either in the  3047
application or in passing the examination.  3048
       (2) The licensee or permit holder has been convicted of or  3049
has pleaded guilty to a felony or of any crime involving moral  3050
turpitude.  3051
       (3) The applicant, licensee, or permit holder has  3052
recklessly violated any provision of sections 4717.01 to 4717.15  3053
or a rule adopted under any of those sections; division (A) or  3054
(B) of section 4717.23; division (B)(1) or (2), (C)(1) or (2),  3055
(D), (E), or (F)(1) or (2), or divisions (H) to (K) of section  3056
4717.26; division (D)(1) of section 4717.27; or divisions (A) to  3057
(C) of section 4717.28 of the Revised Code; or any provisions of  3058
sections 4717.31 to 4717.38 of the Revised Code; any rule or  3059
order of the department of health or a board of health of a  3060
health district governing the disposition of dead human bodies;  3061
or any other rule or order applicable to the applicant or  3062
licensee.  3063
       (4) The licensee or permit holder has committed immoral or  3064
unprofessional conduct.  3065
       (5) The applicant or licensee knowingly permitted an  3066
unlicensed person, other than a person serving an  3067
S. B. No. 323  Page 108
As Introduced
apprenticeship, to engage in the profession or business of  3068
embalming or funeral directing under the applicant's or  3069
licensee's supervision.  3070
       (6) The applicant, licensee, or permit holder has been  3071
habitually intoxicated, or is addicted to the use of morphine,  3072
cocaine, or other habit-forming or illegal drugs.  3073
       (7) The applicant, licensee, or permit holder has refused  3074
to promptly submit the custody of a dead human body or cremated  3075
or reduced remains upon the express order of the person legally  3076
entitled to the body or cremated remains.  3077
       (8) The licensee or permit holder loaned the licensee's  3078
own license or the permit holder's own permit, or the applicant,  3079
licensee, or permit holder borrowed or used the license or  3080
permit of another person, or knowingly aided or abetted the  3081
granting of an improper license or permit.  3082
       (9) The applicant, licensee, or permit holder misled the  3083
public by using false or deceptive advertising. As used in this  3084
division, "false and deceptive advertising" includes, but is not  3085
limited to, any of the following:  3086
       (a) Using the names of persons who are not licensed to  3087
practice funeral directing in a way that leads the public to  3088
believe that such persons are engaging in funeral directing;  3089
       (b) Using any name for the funeral home other than the  3090
name under which the funeral home is licensed;  3091
       (c) Using in the funeral home's name the surname of an  3092
individual who is not directly, actively, or presently  3093
associated with the funeral home, unless such surname has been  3094
previously and continuously used by the funeral home.  3095
S. B. No. 323  Page 109
As Introduced
        (10) The licensee or permit holder provided services to a  3096
person knowing that those services were sold to that person by  3097
another person who lacked a license or permit under this chapter  3098
to perform the services.  3099
        (B)(1) The board of embalmers and funeral directors shall  3100
refuse to grant or renew, or shall suspend or revoke a license  3101
or permit only in accordance with Chapter 119. of the Revised  3102
Code.  3103
        (2) The board shall send to the crematory and   reduction  3104
facility review board written notice that it proposes to refuse  3105
to issue or renew, or proposes to suspend or revoke, a license  3106
to operate a crematory or reduction facility. If, after the  3107
conclusion of the adjudicatory hearing on the matter conducted  3108
under division (F) of section 4717.03 of the Revised Code, the  3109
board of embalmers and funeral directors finds that any of the  3110
circumstances described in divisions (A)(1) to (9) of this  3111
section apply to the person named in its proposed action, the  3112
board may issue a final order under division (F) of section  3113
4717.03 of the Revised Code refusing to issue or renew, or  3114
suspending or revoking, the person's license to operate a  3115
crematory or reduction facility.  3116
        (C) If the board of embalmers and funeral directors  3117
determines that there is clear and convincing evidence that any  3118
of the circumstances described in divisions (A)(1) to (9) of  3119
this section apply to the holder of a license or permit issued  3120
under this chapter and that the licensee's or permit holder's  3121
continued practice presents a danger of immediate and serious  3122
harm to the public, the board may suspend the licensee's license  3123
or permit holder's permit without a prior adjudicatory hearing.  3124
The executive director of the board shall prepare written  3125
S. B. No. 323  Page 110
As Introduced
allegations for consideration by the board.  3126
       The board, after reviewing the written allegations, may  3127
suspend a license or permit without a prior hearing.  3128
       Notwithstanding section 121.22 of the Revised Code, the  3129
board may suspend a license or permit under this division by  3130
utilizing a telephone conference call to review the allegations  3131
and to take a vote.  3132
       The board shall serve a written order of suspension in  3133
accordance with sections 119.05 and 119.07 of the Revised Code.  3134
Such an order is not subject to suspension by the court during  3135
the pendency of any appeal filed under section 119.12 of the  3136
Revised Code. If the licensee or permit holder requests an  3137
adjudicatory hearing by the board, the date set for the hearing  3138
shall be within fifteen days, but not earlier than seven days,  3139
after the licensee or permit holder has requested a hearing,  3140
unless the board and the licensee or permit holder agree to a  3141
different time for holding the hearing.  3142
       Upon issuing a written order of suspension to the holder  3143
of a license to operate a crematory or reduction facility, the  3144
board of embalmers and funeral directors shall send written  3145
notice of the issuance of the order to the crematory and  3146
reduction facility review board. The crematory and reduction  3147
facility review board shall hold an adjudicatory hearing on the  3148
order under division (F) of section 4717.03 of the Revised Code  3149
within fifteen days, but not earlier than seven days, after the  3150
issuance of the order, unless the crematory and reduction  3151
facility review board and the licensee agree to a different time  3152
for holding the adjudicatory hearing.  3153
       Any summary suspension imposed under this division shall  3154
S. B. No. 323  Page 111
As Introduced
remain in effect, unless reversed on appeal, until a final  3155
adjudicatory order issued by the board of embalmers and funeral  3156
directors pursuant to this division and Chapter 119. of the  3157
Revised Code, or division (F) of section 4717.03 of the Revised  3158
Code, as applicable, becomes effective. The board of embalmers  3159
and funeral directors shall issue its final adjudicatory order  3160
within sixty days after the completion of its hearing or, in the  3161
case of the summary suspension of a license to operate a  3162
crematory or reduction facility, within sixty days after  3163
completion of the adjudicatory hearing by the crematory and  3164
reduction facility review board. A failure to issue the order  3165
within that time results in the dissolution of the summary  3166
suspension order, but does not invalidate any subsequent final  3167
adjudicatory order.  3168
       (D) If the board of embalmers and funeral directors  3169
suspends or revokes a funeral director's license or a license to  3170
operate a funeral home for any reason identified in division (A)  3171
of this section, the board may file a complaint with the court  3172
of common pleas in the county where the violation occurred  3173
requesting appointment of a receiver and the sequestration of  3174
the assets of the funeral home that held the suspended or  3175
revoked license or the licensed funeral home that employs the  3176
funeral director that held the suspended or revoked license. If  3177
the court of common pleas is satisfied with the application for  3178
a receivership, the court may appoint a receiver.  3179
       The board or a receiver may employ and procure whatever  3180
assistance or advice is necessary in the receivership or  3181
liquidation and distribution of the assets of the funeral home,  3182
and, for that purpose, may retain officers or employees of the  3183
funeral home as needed. All expenses of the receivership or  3184
liquidation shall be paid from the assets of the funeral home  3185
S. B. No. 323  Page 112
As Introduced
and shall be a lien on those assets, and that lien shall be a  3186
priority to any other lien.  3187
       (E) Any holder of a license or permit issued under this  3188
chapter who has pleaded guilty to, has been found by a judge or  3189
jury to be guilty of, or has had a judicial finding of  3190
eligibility for treatment in lieu of conviction entered against  3191
the individual in this state for aggravated murder, murder,  3192
voluntary manslaughter, felonious assault, kidnapping, rape,  3193
sexual battery, gross sexual imposition, aggravated arson,  3194
aggravated robbery, or aggravated burglary, or who has pleaded  3195
guilty to, has been found by a judge or jury to be guilty of, or  3196
has had a judicial finding of eligibility for treatment in lieu  3197
of conviction entered against the individual in another  3198
jurisdiction for any substantially equivalent criminal offense,  3199
is hereby suspended from practice under this chapter by  3200
operation of law, and any license or permit issued to the  3201
individual under this chapter is hereby suspended by operation  3202
of law as of the date of the guilty plea, verdict or finding of  3203
guilt, or judicial finding of eligibility for treatment in lieu  3204
of conviction, regardless of whether the proceedings are brought  3205
in this state or another jurisdiction. The board shall notify  3206
the suspended individual of the suspension of the individual's  3207
license or permit by the operation of law in accordance with  3208
sections 119.05 and 119.07 of the Revised Code. If an individual  3209
whose license or permit is suspended under this division fails  3210
to make a timely request for an adjudicatory hearing, the board  3211
shall enter a final order revoking the license.  3212
       (F) No person whose license or permit has been suspended  3213
or revoked under or by the operation of this section shall  3214
knowingly practice embalming, funeral directing, or cremation,  3215
or reduction, or operate a funeral home, embalming facility, or  3216
S. B. No. 323  Page 113
As Introduced
crematory facility, or reduction facility until the board has  3217
reinstated the person's license or permit.  3218
       (G) The board shall not refuse to issue a license or  3219
permit to an applicant because of a conviction of or plea of  3220
guilty to a criminal offense unless the refusal is in accordance  3221
with section 9.79 of the Revised Code.  3222
       Sec. 4717.15. (A) The board of embalmers and funeral  3223
directors, without the necessity for conducting a prior  3224
adjudication hearing, may issue a notice of violation to the  3225
holder of an embalmer's, funeral director's, funeral home, or  3226
embalming facility, or crematory, or reduction facility license,  3227
or a crematory operator or reduction facility operator permit or  3228
a courtesy card permit issued under this chapter who the board  3229
finds has committed any of the violations described in division  3230
(A)(9) of section 4717.04 of the Revised Code. The notice shall  3231
set forth the specific violation committed by the licensee or  3232
permit holder and shall be sent by certified mail. The notice  3233
shall be accompanied by an order requiring the payment of the  3234
appropriate forfeiture prescribed in rules adopted under  3235
division (A)(9) of section 4717.04 of the Revised Code and by a  3236
notice informing the licensee or permit holder that the licensee  3237
is entitled to an adjudicatory hearing on the notice of  3238
violation and order if the licensee or permit holder requests a  3239
hearing and if the board receives the request within thirty days  3240
after the mailing of the notice of violation and order. The  3241
board shall conduct any such adjudicatory hearing in accordance  3242
with Chapter 119. of the Revised Code, except as otherwise  3243
provided in this division.  3244
       A licensee or permit holder who receives a notice of  3245
violation and order under this division shall pay to the  3246
S. B. No. 323  Page 114
As Introduced
executive director of the board the full amount of the  3247
forfeiture by certified check within thirty days after the  3248
notice of violation and order were mailed to the licensee or  3249
permit holder unless, within that time, the licensee or permit  3250
holder submits a request for an adjudicatory hearing on the  3251
notice of violation and order. If such a request for an  3252
adjudicatory hearing is timely filed, the licensee or permit  3253
holder need not pay the forfeiture to the executive director  3254
until after a final, nonappealable administrative or judicial  3255
decision is rendered on the order requiring payment of the  3256
forfeiture. If a final nonappealable administrative or judicial  3257
decision is rendered affirming the board's order, the licensee  3258
or permit holder shall pay to the executive director of the  3259
board the full amount of the forfeiture by certified check  3260
within thirty days after notice of the decision was sent to the  3261
licensee. A forfeiture is considered to be paid when the  3262
licensee's or permit holder's certified check is received by the  3263
executive director in Columbus. If the licensee or permit holder  3264
fails to so pay the full amount of the forfeiture to the  3265
executive director within that time, the board shall issue an  3266
order suspending or revoking the individual's license or permit,  3267
as the board considers appropriate.  3268
       (B) The board shall send to the crematory and reduction  3269
facility review board written notice that it proposes to issue  3270
to the holder of a license to operate a crematory or reduction  3271
facility issued under this chapter a notice of violation and  3272
order requiring payment of a forfeiture specified in rules  3273
adopted under division (A)(9) of section 4717.04 of the Revised  3274
Code. If, after the conclusion of the adjudicatory hearing on  3275
the matter conducted under division (F) of section 4717.03 of  3276
the Revised Code, the board of embalmers and funeral directors  3277
S. B. No. 323  Page 115
As Introduced
finds that the licensee has committed any of the violations  3278
described in division (A)(9) of section 4717.04 of the Revised  3279
Code in connection with the operation of a crematory or  3280
reduction facility or cremation or reduction, the board of  3281
embalmers and funeral directors may issue a final order under  3282
division (F) of section 4717.03 of the Revised Code requiring  3283
payment of the appropriate forfeiture specified in rules adopted  3284
under division (A)(9) of section 4717.04 of the Revised Code. A  3285
licensee who receives such an order shall pay the full amount of  3286
the forfeiture to the executive director by certified check  3287
within thirty days after the order was sent to the licensee  3288
unless, within that time, the licensee files a notice of appeal  3289
in accordance with division (F) of section 4717.03 and section  3290
119.12 of the Revised Code. If such a notice of appeal is timely  3291
filed, the licensee or permit holder need not pay the forfeiture  3292
to the executive director until after a final, nonappealable  3293
judicial decision is rendered in the appeal. If a final,  3294
nonappealable judicial decision is rendered affirming the  3295
board's order, the licensee or permit holder shall pay to the  3296
executive director the full amount of the forfeiture by  3297
certified check within thirty days after notice of the decision  3298
was sent to the licensee or permit holder. A forfeiture is  3299
considered paid when the licensee's or permit holder's certified  3300
check is received by the executive director in Columbus. If the  3301
licensee or permit holder fails to so pay the full amount of the  3302
forfeiture to the executive director within that time, the board  3303
shall issue an order suspending or revoking the individual's  3304
license, as the board considers appropriate.  3305
       Sec. 4717.20. As used in sections 4717.20 to 4717.30 of  3306
the Revised Code:  3307
       (A) "Alternative container" means a receptacle, other than  3308
S. B. No. 323  Page 116
As Introduced
a casket, in which a dead human body or body parts are  3309
transported to a crematory or reduction facility and placed in  3310
the cremation or reduction chamber for cremation or reduction,  3311
and that meets all of the following requirements:  3312
       (1) Is composed of readily combustible materials that are  3313
suitable for cremation or reduction;  3314
       (2) May be closed in order to provide a complete covering  3315
for the dead human body or body parts;  3316
       (3) Is resistant to leakage or spillage;  3317
       (4) Is sufficiently rigid to be handled readily;  3318
       (5) Provides protection for the health and safety of  3319
crematory or reduction personnel.  3320
       (B) "Authorizing agent" means the person or persons  3321
identified in section 4717.21 or 4717.22 of the Revised Code who  3322
are entitled to order the cremation or reduction of a decedent  3323
or body parts and to order the final disposition of the cremated  3324
or reduced remains of a decedent or body parts.  3325
       (C) "Body parts" means limbs or other portions of the  3326
anatomy that are removed from a living person for medical  3327
purposes during biopsy, treatment, or surgery. "Body parts" also  3328
includes dead human bodies that have been donated to science for  3329
purposes of medical education or research and any parts of such  3330
a dead human body that were removed for those purposes.  3331
       (D) "Burial or burial-transit permit" means a burial  3332
permit or burial-transit permit issued under section 3705.17 of  3333
the Revised Code or the laws of another state that are  3334
substantially similar to that section.  3335
       (E) "Casket" means a rigid container that is designed for  3336
S. B. No. 323  Page 117
As Introduced
the encasement of a dead human body and that is constructed of  3337
wood, metal, or another rigid material, is ornamented and lined  3338
with fabric, and may or may not be combustible.  3339
       (F) "Temporary container" means a receptacle for cremated  3340
or reduced remains composed of cardboard, plastic, metal, or  3341
another material that can be closed in a manner that prevents  3342
the leakage or spillage of the cremated remains and the entrance  3343
of foreign material, and that is of sufficient size to hold the  3344
cremated remains until they are placed in an urn or scattered.  3345
       (G) "Urn" means a receptacle designed to encase cremated  3346
or reduced remains permanently.  3347
       Sec. 4717.21. (A) Any person, on an antemortem basis, may  3348
serve as the person's own authorizing agent, authorize the  3349
person's own cremation, or reduction and specify the  3350
arrangements for the final disposition of the person's own  3351
cremated or reduced remains by executing an antemortem cremation  3352
authorization form. A guardian, custodian, or other personal  3353
representative who is authorized by law or contract to do so on  3354
behalf of a person, on an antemortem basis, may authorize the  3355
cremation or reduction of the person and specify the  3356
arrangements for the final disposition of the person's cremated  3357
remains by executing an antemortem cremation authorization form  3358
on the person's behalf. Any such antemortem cremation  3359
authorization form also shall be signed by one witness. The  3360
original copy of the executed authorization form shall be sent  3361
to the crematory or reduction facility being authorized to  3362
conduct the cremation or reduction, and a copy shall be retained  3363
by the person who executed the authorization form. The person  3364
who executed an antemortem cremation authorization form may  3365
revoke the authorization at any time by providing written notice  3366
S. B. No. 323  Page 118
As Introduced
of the revocation to the crematory or reduction facility named  3367
in the authorization form. The person who executed the  3368
authorization form may transfer the authorization to another  3369
crematory or reduction facility by providing written notice to  3370
the crematory or reduction facility named in the original  3371
authorization of the revocation of the authorization and, in  3372
accordance with this division, executing a new antemortem  3373
cremation authorization form authorizing another crematory or  3374
reduction facility to conduct the cremation or reduction.  3375
       (B)(1) Each antemortem cremation authorization form shall  3376
specify the final disposition that is to be made of the cremated  3377
or reduced remains.  3378
       (2) Every antemortem cremation authorization form entered  3379
into on or after October 12, 2006, shall specify the final  3380
disposition that is to be made of the remains and shall include  3381
a provision in substantially the following form:  3382
       NOTICE: Upon the death of the person who is the subject of  3383
this antemortem cremation authorization, the person holding the  3384
right of disposition under section 2108.70 or 2108.81 of the  3385
Revised Code may cancel the cremation or reduction arrangements,  3386
modify the arrangements for the final disposition of the  3387
cremated or reduced remains, or make alternative arrangements  3388
for the final disposition of the decedent's body. However, the  3389
person executing this antemortem cremation authorization is  3390
encouraged to state his or her preferences as to the manner of  3391
final disposition in a declaration of the right of disposition  3392
pursuant to section 2108.72 of the Revised Code, including that  3393
the arrangements set forth in this form shall be followed.  3394
       (C)(1) Except as provided in division (C)(2) of this  3395
section, when the crematory or reduction facility is in  3396
S. B. No. 323  Page 119
As Introduced
possession of a cremation an authorization form that has been  3397
executed on an antemortem basis in accordance with this section,  3398
the other conditions set forth in division (A) of section  3399
4717.23 of the Revised Code have been met, the crematory or  3400
reduction facility has possession of the decedent to which the  3401
antemortem authorization pertains, and the crematory or  3402
reduction facility has received payment for the cremation or  3403
reduction of the decedent and the final disposition of the  3404
cremated or reduced remains of the decedent or is otherwise  3405
assured of payment for those services, the crematory or  3406
reduction facility shall cremate or reduce the decedent as  3407
directed and dispose of the cremated remains in accordance with  3408
the instructions contained in the antemortem cremation  3409
authorization form.  3410
       (2) A person with the right of disposition for a decedent  3411
under section 2108.70 or 2108.81 of the Revised Code who is not  3412
disqualified under section 2108.75 of the Revised Code may  3413
cancel the arrangements for the decedent's cremation, or  3414
reduction, modify the arrangements for the final disposition of  3415
the decedent's cremated or reduced remains, or make alternative  3416
arrangements for the final disposition of the decedent's body.  3417
If a person with the right takes any such action, the crematory  3418
or reduction facility shall disregard the instructions contained  3419
in the antemortem cremation authorization form and follow the  3420
instructions of the person with the right.  3421
       (D) An antemortem cremation authorization form executed  3422
under division (A) of this section does not constitute a  3423
contract for conducting the cremation or reduction of the person  3424
named in the authorization form or for the final disposition of  3425
the person's cremated or reduced remains. Despite the existence  3426
of such an antemortem cremation authorization, a person with the  3427
S. B. No. 323  Page 120
As Introduced
right of disposition for a decedent under section 2108.70 or  3428
2108.81 of the Revised Code may modify, in writing, the  3429
arrangements for the final disposition of the cremated remains  3430
of the decedent set forth in the authorization form or may  3431
cancel the cremation or reduction and claim the decedent's body  3432
for purposes of making alternative arrangements for the final  3433
disposition of the decedent's body. The revocation of an  3434
antemortem cremation authorization form executed under division  3435
(A) of this section, or the cancellation of the cremation or  3436
reduction of the person named in the antemortem authorization or  3437
modification of the arrangements for the final disposition of  3438
the person's cremated remains as authorized by this division,  3439
does not affect the validity or enforceability of any contract  3440
entered into for the cremation or reduction of the person named  3441
in the antemortem authorization or for the final disposition of  3442
the person's cremated remains.  3443
       (E) Nothing in this section applies to any antemortem  3444
cremation authorization form executed prior to August 5, 1998.  3445
Any cemetery, funeral home, crematory facility, reduction  3446
facility, or other party may specify, with the written approval  3447
of the person who executed the antemortem authorization, that  3448
such an antemortem authorization is subject to sections 4717.21  3449
to 4717.30 of the Revised Code.  3450
       Sec. 4717.22. (A) The person who has the right of  3451
disposition under section 2108.70 or 2108.81 of the Revised Code  3452
may serve as an authorizing agent for the cremation or reduction  3453
of a dead human body, including, without limitation, a dead  3454
human body that was donated to science for purposes of medical  3455
education or research.  3456
       (B) If body parts were removed from a living person, the  3457
S. B. No. 323  Page 121
As Introduced
person from whom the body parts were removed or the person who  3458
has the right of disposition under section 2108.70 or 2108.81 of  3459
the Revised Code may serve as the authorizing agent for the  3460
cremation or reduction of the body parts.  3461
       (C) If body parts were removed from a decedent whose body  3462
was donated to science for purposes of medical education or  3463
research, the person who has the right of disposition under  3464
section 2108.70 or 2108.81 of the Revised Code may serve as the  3465
authorizing agent for the cremation or reduction of the body  3466
parts. In the absence of any action by the person with the right  3467
of disposition with respect to the cremation or reduction of  3468
such body parts, the medical education or research facility to  3469
which the decedent's body was donated may serve as the  3470
authorizing agent for the cremation or reduction of such parts.  3471
       Sec. 4717.23. (A) No crematory or reduction facility  3472
operator, or crematory or reduction facility, shall cremate or  3473
reduce or allow the cremation or reduction of a dead human body,  3474
other than one that was donated to science for purposes of  3475
medical education or research, until all of the following have  3476
occurred:  3477
       (1) A period of at least twenty-four hours has elapsed  3478
since the decedent's death as indicated on a complete,  3479
nonprovisional death certificate filed under section 3705.16 of  3480
the Revised Code or under the laws of another state that are  3481
substantially equivalent to that section, unless, if the  3482
decedent died from a virulent communicable disease, the  3483
department of health or board of health having territorial  3484
jurisdiction where the death of the decedent occurred requires  3485
by rule or order the cremation to occur prior to the end of that  3486
period;  3487
S. B. No. 323  Page 122
As Introduced
       (2) The crematory or reduction facility has received a  3488
burial or burial-transit permit that authorizes the cremation or  3489
reduction of the decedent;  3490
       (3) The crematory or reduction facility has received a  3491
completed cremation or reduction authorization form executed  3492
pursuant to section 4717.21 or 4717.24 of the Revised Code, as  3493
applicable, that authorizes the cremation or reduction of the  3494
decedent. A blank cremation authorization form shall be provided  3495
by the crematory or reduction facility and shall comply with  3496
section 4717.24 of the Revised Code and, if applicable, section  3497
4717.21 of the Revised Code.  3498
       (4) The crematory or reduction facility has received any  3499
other documentation required by this state or a political  3500
subdivision of this state.  3501
       (B) No crematory or reduction facility   operator or  3502
crematory or reduction facility shall cremate or reduce or allow  3503
the cremation or reduction of any body parts, including, without  3504
limitation, dead human bodies that were donated to science for  3505
purposes of medical research or education, at a crematory or  3506
reduction facility licensed to operate in this state until both  3507
of the following have occurred:  3508
       (1) The crematory or reduction facility has received a  3509
completed cremation or reduction authorization form executed  3510
pursuant to section 4717.25 of the Revised Code or, if the  3511
decedent has executed an antemortem cremation authorization form  3512
in accordance with section 4717.21 of the Revised Code and has  3513
donated the decedent's body to science for purposes of medical  3514
education or research, such an antemortem cremation  3515
authorization form;  3516
S. B. No. 323  Page 123
As Introduced
       (2) The crematory or reduction facility has received any  3517
other documentation required by this state or a political  3518
subdivision of this state.  3519
       Sec. 4717.24. (A) A cremation or reduction authorization  3520
form authorizing the cremation or reduction of a dead human  3521
body, other than one that was donated to science for purposes of  3522
medical education or research, shall include at least all of the  3523
following information and statements:  3524
       (1) A statement that the decedent has been identified in  3525
accordance with division (B) of this section;  3526
       (2) The name of the funeral director or other individual  3527
who obtained the burial or burial-transit permit authorizing the  3528
cremation or reduction of the decedent;  3529
       (3) The name of the authorizing agent and the relationship  3530
of the authorizing agent to the decedent;  3531
       (4) A statement that the authorizing agent in fact has the  3532
right to authorize cremation or reduction of the decedent and  3533
that the authorizing agent does not have actual knowledge of the  3534
existence of any living person who has a superior priority right  3535
to act as the authorizing agent under section 4717.22 of the  3536
Revised Code. If the person executing the cremation or reduction  3537
authorization form knows of another living person who has such a  3538
superior priority right, the authorization form shall include a  3539
statement indicating that the person executing the authorization  3540
form has made reasonable efforts to contact the person having  3541
the superior priority right and has been unable to do so and  3542
that the person executing the authorization form has no reason  3543
to believe that the person having the superior priority right  3544
would object to the cremation or reduction of the decedent.  3545
S. B. No. 323  Page 124
As Introduced
       (5) A statement of whether the authorizing agent has  3546
actual knowledge of the presence in the decedent of a pacemaker,  3547
defibrillator, or any other mechanical or radioactive device or  3548
implant that poses a hazard to the health or safety of personnel  3549
performing the cremation or reduction;  3550
       (6) A statement indicating the crematory or reduction  3551
facility is to cremate or reduce the casket or alternative  3552
container in which the decedent was delivered to or accepted by  3553
the crematory or reduction facility;  3554
       (7) A statement of whether the crematory or reduction  3555
facility is authorized to simultaneously cremate or reduce the  3556
decedent in the same cremation or reduction chamber with one or  3557
more other decedents who were related to the decedent named in  3558
the cremation or reduction authorization form by consanguinity  3559
or affinity or who, at any time during the one-year period  3560
preceding the decedent's death, lived with the decedent in a  3561
common law marital relationship or otherwise cohabited with the  3562
decedent. A cremation An authorization form executed under this  3563
section shall not authorize the simultaneous cremation or  3564
reduction of a decedent in the same cremation chamber with one  3565
or more other decedents except under the circumstances described  3566
in the immediately preceding sentence.  3567
       (8) The names of any persons designated by the authorizing  3568
agent to be present in the holding facility or cremation room  3569
or reduction area prior to or during the cremation or reduction  3570
of the decedent or during the removal of the cremated or reduced  3571
remains from the cremation or reduction chamber;  3572
       (9) The authorization for the crematory or reduction  3573
facility to cremate or reduce the decedent and to process or  3574
pulverize the cremated or reduced remains as is the practice at  3575
S. B. No. 323  Page 125
As Introduced
the particular crematory or reduction facility;  3576
       (10) A statement of whether it is the crematory or  3577
reduction facility's practice to return all of the residue  3578
removed from the cremation or reduction chamber following the  3579
cremation or reduction or to separate and remove foreign matter  3580
from the residue before returning the cremated or reduced  3581
remains to the authorizing agent or the person designated on the  3582
authorization form to receive the cremated remains pursuant to  3583
division (A)(11) of this section;  3584
       (11) The name of the person who is to receive the cremated  3585
or reduced remains of the decedent from the crematory or  3586
reduction facility;  3587
       (12) The manner in which the final disposition of the  3588
cremated or reduced remains of the decedent is to occur, if  3589
known. If the cremation or reduction authorization form does not  3590
specify the manner of the final disposition of the cremated  3591
remains, it shall indicate that the cremated remains will be  3592
held by the crematory or reduction facility for thirty days  3593
after the cremation, or reduction,   unless, prior to the end of  3594
that period, they are picked up from the crematory or reduction  3595
facility by the person designated on the cremation authorization  3596
form to receive them, the authorizing agent, or, if applicable,  3597
the funeral director who obtained the burial or burial-transit  3598
permit for the decedent, or are delivered or shipped by the  3599
crematory or reduction facility to one of those persons. The  3600
authorization form shall indicate that if no instructions for  3601
the final disposition are provided on the authorization form and  3602
that if no arrangements for final disposition have been made  3603
within the thirty-day period, the crematory or reduction  3604
facility may return the cremated remains to the authorizing  3605
S. B. No. 323  Page 126
As Introduced
agent. The authorization form shall further indicate that if no  3606
arrangements for the final disposition of the cremated remains  3607
have been made within sixty days after the completion of the  3608
cremation or reduction and if the authorizing agent has not  3609
picked them up or caused them to be picked up within that  3610
period, the crematory or reduction facility operator or  3611
crematory or reduction facility may dispose of them in  3612
accordance with division (C) of section 4717.27 of the Revised  3613
Code.  3614
        (13) A listing of the items of value to be delivered to  3615
the crematory or reduction facility along with the dead human  3616
body, if any, and instructions regarding how those items are to  3617
be handled;  3618
        (14) A statement of whether the authorizing agent has made  3619
arrangements for any type of viewing of the decedent or for a  3620
service with the decedent present prior to the cremation or  3621
reduction and, if so, the date, time, and place of the service;  3622
        (15) A statement of whether the crematory or reduction  3623
facility may proceed with the cremation or reduction at any time  3624
after the conditions set forth in division (A) of section  3625
4717.23 of the Revised Code have been met and the decedent has  3626
been received at the facility;  3627
        (16) The certification of the authorizing agent to the  3628
effect that all of the information and statements contained in  3629
the authorization form are accurate;  3630
        (17) The signature of the authorizing agent and the  3631
signature of at least one witness who observed the authorizing  3632
agent execute the cremation or reduction authorization form.  3633
        (B) In making the identification of the decedent required  3634
S. B. No. 323  Page 127
As Introduced
by division (A)(1) of this section, the funeral home arranging  3635
the cremation or reduction shall require the authorizing agent  3636
or the agent's appointed representative to visually identify the  3637
decedent's remains or a photograph or other visual image of the  3638
remains. If identification is by photograph or other visual  3639
image, the authorizing agent or representative shall sign the  3640
photograph or other visual image. If visual identification is  3641
not feasible, other positive identification of the decedent may  3642
be used including, but not limited to, reliance upon an  3643
identification made through the coroner's office or  3644
identification of photographs or other visual images of scars,  3645
tattoos, or physical deformities taken from the decedent's  3646
remains.  3647
       (C) An authorizing agent who is not available to execute a  3648
cremation or reduction authorization form in person may  3649
designate another individual to serve as the authorizing agent  3650
by providing to the crematory or reduction facility where the  3651
cremation or reduction is to occur a written designation, signed  3652
by the authorizing agent and by a witness who observed the  3653
authorizing agent execute the designation, authorizing that  3654
other individual to serve as the authorizing agent. Any such  3655
written designation shall contain the name of the decedent, the  3656
name and address of the authorizing agent, the relationship of  3657
the authorizing agent to the decedent, and the name and address  3658
of the individual who is being designated to serve as the  3659
authorizing agent. Upon receiving such a written designation,  3660
the operator shall permit the individual named in the written  3661
designation to serve as the authorizing agent and to execute the  3662
cremation authorization form authorizing the cremation or  3663
reduction of the decedent named in the written designation.  3664
       (D) An authorizing agent who signs a cremation or  3665
S. B. No. 323  Page 128
As Introduced
reduction authorization form under this section is hereby deemed  3666
to warrant the accuracy of the information and statements  3667
contained in such authorization form, including the  3668
identification of the decedent and the agent's authority to  3669
authorize the cremation or reduction. A funeral home and its  3670
employees are not responsible for verifying the accuracy of any  3671
information or statements the authorizing agent made on the  3672
authorization form, unless the funeral home or its employees  3673
have actual knowledge to the contrary regarding any such  3674
information or statement. When delivering the decedent's remains  3675
to a crematory or reduction facility or in carrying out the  3676
disposition in its own facility, the funeral home is responsible  3677
for having the decedent identified pursuant to division (B) of  3678
this section and carrying out the obligations imposed on the  3679
funeral home by division (B) of section 4717.29 of the Revised  3680
Code.  3681
        (E) At any time after executing a cremation or reduction  3682
authorization form and prior to the beginning of the cremation  3683
or reduction process, the authorizing agent who executed the  3684
cremation authorization form under division (A) or (C) of this  3685
section may, in writing, modify the arrangements for the final  3686
disposition of the cremated or reduced remains of the decedent  3687
set forth in the authorization form or may, in writing, revoke  3688
the authorization, cancel the cremation, or reduction, and claim  3689
the decedent's body for purposes of making alternative  3690
arrangements for the final disposition of the decedent's body.  3691
The crematory or reduction facility shall cancel the cremation  3692
or reduction if the crematory or reduction facility receives  3693
such a revocation before beginning the cremation or reduction.  3694
        (F) A cremation or reduction authorization form executed  3695
under this section does not constitute a contract for conducting  3696
S. B. No. 323  Page 129
As Introduced
the cremation or reduction of the decedent named in the  3697
authorization form or for the final disposition of the cremated  3698
or reduced remains of the decedent. The revocation of a  3699
cremation an authorization form or modification of the  3700
arrangements for the final disposition of the cremated remains  3701
of the decedent pursuant to division (E) of this section does  3702
not affect the validity or enforceability of any contract for  3703
the cremation or reduction of the decedent named in the  3704
authorization form or for the final disposition of the cremated  3705
remains of the decedent.  3706
       Sec. 4717.25. (A) A cremation or reduction authorization  3707
form authorizing the cremation or reduction of any body parts,  3708
including, without limitation, dead human bodies that were  3709
donated to science for purposes of medical education or research  3710
shall include at least all of the following information and  3711
statements, as applicable:  3712
       (1) The identity of the decedent whose body was donated to  3713
science for purposes of medical education or research or the  3714
identity of the living person or such a decedent from whom the  3715
body parts were removed;  3716
       (2) The name of the authorizing agent and the relationship  3717
of the authorizing agent to the decedent or the living person  3718
from whom the body parts were removed;  3719
       (3) A statement that the authorizing agent in fact has the  3720
right to authorize the cremation or reduction of the decedent or  3721
the body parts removed from the decedent or living person and a  3722
description of the basis of the person's right to execute the  3723
cremation or reduction authorization form;  3724
       (4) A statement of whether the crematory or reduction  3725
S. B. No. 323  Page 130
As Introduced
facility is authorized to simultaneously cremate or reduce the  3726
decedent or body parts removed from the decedent or living  3727
person with one or more other decedents whose bodies were  3728
donated to science for purposes of medical education or research  3729
or with body parts removed from one or more other decedents or  3730
living persons;  3731
       (5) The authorization for the crematory or reduction  3732
facility to cremate or reduce the decedent or body parts removed  3733
from the decedent or living person and to process or pulverize  3734
the cremated or reduced remains as is the practice at the  3735
particular crematory or reduction facility;  3736
       (6) A statement of whether it is the crematory or  3737
reduction facility's practice to return all of the residue  3738
removed from the cremation or reduction chamber following the  3739
cremation or reduction or to separate and remove foreign matter  3740
from the residue before returning the cremated or reduced  3741
remains to the authorizing agent or the authorizing agent's  3742
designee;  3743
       (7) The name of the person who is to receive the cremated  3744
or reduced remains from the crematory or reduction facility;  3745
       (8) The manner in which the final disposition of the  3746
cremated or reduced remains is to occur, if known. If the  3747
cremation or reduction authorization form does not specify the  3748
manner of the final disposition of the cremated remains, it  3749
shall indicate that the cremated remains will be held by the  3750
crematory or reduction facility for thirty days after the  3751
cremation or reduction, unless, prior to the end of that period,  3752
they are picked up from the crematory or reduction facility by  3753
the person designated on the authorization form to receive them  3754
or by the authorizing agent, or are delivered or shipped by the  3755
S. B. No. 323  Page 131
As Introduced
crematory or reduction facility to one of those persons. The  3756
authorization form shall indicate that if no instructions for  3757
the final disposition of the cremated remains are provided on  3758
the authorization form and that if no arrangements for final  3759
disposition have been made within the thirty-day period, the  3760
crematory or reduction facility may return the cremated remains  3761
to the authorizing agent. The authorization form shall further  3762
indicate that if no arrangements for the final disposition of  3763
the cremated remains have been made within sixty days after the  3764
cremation or reduction and if the authorizing agent or person  3765
designated on the authorization form to receive the cremated  3766
remains has not picked them up or caused them to be picked up  3767
within that period, the crematory or reduction facility operator  3768
or the crematory or reduction facility may dispose of them in  3769
accordance with division (C)(1) or (2) of section 4717.27 of the  3770
Revised Code.  3771
       (9) The certification of the authorizing agent to the  3772
effect that all of the information and statements contained in  3773
the authorization form are accurate.  3774
       (B) An authorizing agent who signs a cremation or  3775
reduction authorization form under this section is hereby deemed  3776
to warrant the accuracy of the information and statements  3777
contained in the authorization form, including the person's  3778
authority to authorize the cremation or reduction.  3779
       (C) At any time after executing a cremation or reduction  3780
authorization form and prior to the beginning of the cremation  3781
or reduction process, an authorizing agent who executed a  3782
cremation an authorization form under this section may, in  3783
writing, revoke the authorization, cancel the cremation or  3784
reduction, and claim the decedent's body or the body parts for  3785
S. B. No. 323  Page 132
As Introduced
purposes of making alternative arrangements for the final  3786
disposition of the decedent's body or the body parts. The  3787
crematory or reduction facility shall cancel the cremation or  3788
reduction if the crematory or reduction facility receives such a  3789
revocation before beginning the cremation or reduction.  3790
       (D) A cremation or reduction authorization form executed  3791
under this section does not constitute a contract for conducting  3792
the cremation or reduction of the decedent named in the  3793
authorization form or body parts removed from the decedent or  3794
living person named in the form or for the final disposition of  3795
the cremated or reduced remains of the decedent or body parts.  3796
The revocation of a cremation an authorization form or  3797
modification of the arrangements for the final disposition of  3798
the cremated remains of the decedent or the body parts pursuant  3799
to division (C) of this section does not affect the validity or  3800
enforceability of any contract for the cremation or reduction of  3801
the decedent named in the authorization form, the cremation or  3802
reduction of body parts from the decedent or living person named  3803
in the authorization form, or the final disposition of the  3804
cremated remains of the decedent or body parts.  3805
       Sec. 4717.26. (A) The crematory or reduction facility may  3806
schedule the time for the cremation or reduction of a dead human  3807
body to occur at the crematory or reduction facility's own  3808
convenience at any time after the conditions set forth in  3809
division (A) or (B) of section 4717.23 of the Revised Code, as  3810
applicable, have been met and the decedent or body parts have  3811
been delivered to the facility, unless, in the case of a dead  3812
human body, the crematory or reduction facility has received  3813
specific instructions to the contrary on the cremation or  3814
reduction authorization form authorizing the cremation or  3815
reduction of the decedent executed under section 4717.21,  3816
S. B. No. 323  Page 133
As Introduced
4717.24, or 4717.25 of the Revised Code. The crematory or  3817
reduction facility becomes responsible for a dead human body or  3818
body parts when the body or body parts have been delivered to or  3819
accepted by the facility or an employee or agent of the  3820
facility.  3821
       (B) No crematory or reduction facility operator or  3822
crematory or reduction facility shall fail to do either of the  3823
following:  3824
       (1) Upon receipt at the crematory or reduction facility of  3825
any dead human body that has not been embalmed, and subject to  3826
the prohibition set forth in division (C)(1) of this section,  3827
place the body in a holding or refrigerated facility at the  3828
crematory or reduction facility and keep the body in the holding  3829
or refrigerated facility until near the time the cremation or  3830
reduction process commences or until the body is held at the  3831
facility for eight hours or longer. If the body is held for  3832
eight hours or longer, place the body in a refrigerated facility  3833
at the crematory or reduction facility and keep the body in the  3834
refrigerated facility until near the time the cremation process  3835
commences;  3836
       (2) Upon receipt of any dead human body that has been  3837
embalmed, place the body in a holding facility at the crematory  3838
or reduction facility and keep the body in the holding facility  3839
until the cremation or reduction process commences.  3840
       (C) No crematory or reduction facility operator or  3841
crematory or reduction facility shall do either of the  3842
following, unless the instructions contained in the cremation or  3843
reduction authorization form authorizing the cremation or  3844
reduction of the decedent executed under section 4717.21,  3845
4717.24, or 4717.25 of the Revised Code specifically provide  3846
S. B. No. 323  Page 134
As Introduced
otherwise:  3847
       (1) Remove any dead human body from the casket or  3848
alternative container in which the body was delivered to or  3849
accepted by the crematory or reduction facility;  3850
       (2) Fail to cremate or reduce the casket or alternative  3851
container in which the body was delivered or accepted, in its  3852
entirety with the body.  3853
       (D) No crematory or reduction facility shall  3854
simultaneously cremate or reduce more than one decedent or body  3855
parts removed from more than one decedent or living person in  3856
the same cremation or reduction chamber unless the cremation or  3857
reduction authorization forms executed under section 4717.21,  3858
4717.24, or 4717.25 of the Revised Code authorizing the  3859
cremation or reduction of each of the decedents or body parts  3860
removed from each decedent or living person specifically  3861
authorize such a simultaneous cremation or reduction. This  3862
division does not prohibit the use of cremation or reduction  3863
equipment that contains more than one cremation or reduction  3864
chamber.  3865
       (E) No crematory or reduction facility shall permit any  3866
persons other than employees of the crematory or reduction  3867
facility, the authorizing agent for the cremation or reduction  3868
of the decedent who is to be, is being, or was cremated or  3869
reduced, persons designated to be present at the cremation or  3870
reduction of the decedent on the cremation or reduction  3871
authorization form executed under section 4717.21 or 4717.24 of  3872
the Revised Code, and persons authorized by the individual who  3873
is actually in charge of the crematory or reduction facility, to  3874
be present in the holding facility or cremation room   or  3875
reduction area while any dead human bodies or body parts are  3876
S. B. No. 323  Page 135
As Introduced
being held there prior to cremation or reduction or are being  3877
cremated or reduced or while any cremated or reduced remains are  3878
being removed from the cremation or reduction chamber.  3879
       (F)(1) No crematory or reduction facility shall remove any  3880
dental gold, body parts, organs, or other items of value from a  3881
dead human body prior to the cremation or reduction or from the  3882
cremated or reduced remains after cremation or reduction unless  3883
the cremation or reduction authorization form authorizing the  3884
cremation or reduction of the decedent executed under section  3885
4717.21 or 4717.24 of the Revised Code specifically authorizes  3886
the removal thereof.  3887
       (2) No crematory or reduction facility that removes any  3888
dental gold, body parts, organs, or other items from a dead  3889
human body or assists in such removal shall charge a fee for  3890
doing so that exceeds the actual cost to the crematory or  3891
reduction facility for performing or assisting in the removal.  3892
       (G) Upon the completion of each cremation or reduction,  3893
the crematory or reduction facility shall remove from the  3894
cremation or reduction chamber all of the cremation or reduction  3895
residue that is practicably recoverable. If the cremation or  3896
reduction authorization form executed under section 4717.21,  3897
4717.24, or 4717.25 of the Revised Code specifies that the  3898
cremated or reduced remains are to be placed in an urn, the  3899
crematory or reduction facility shall place them in the type of  3900
urn specified on the authorization form. If the authorization  3901
form does not specify that the cremated remains are to be placed  3902
in an urn, the crematory or reduction facility shall place them  3903
in a temporary container. If not all of the recovered cremated  3904
remains will fit in the urn selected or the temporary container,  3905
the crematory or reduction facility shall place the remainder in  3906
S. B. No. 323  Page 136
As Introduced
a separate temporary container, and the cremated remains placed  3907
in the separate temporary container shall be delivered,  3908
released, or disposed of along with those in the urn or other  3909
temporary container. Nothing in this section requires a  3910
crematory or reduction facility to recover any specified  3911
quantity or quality of cremated remains upon the completion of a  3912
cremation or reduction, but only requires a crematory or  3913
reduction facility to recover from the cremation chamber all of  3914
the cremation residue that is practicably recoverable.  3915
       (H) No crematory or reduction facility shall knowingly  3916
represent to an authorizing agent or a designee of an  3917
authorizing agent that an urn or temporary container contains  3918
the recovered cremated or reduced remains of a specific decedent  3919
or of body parts removed from a specific decedent or living  3920
person when it does not. This division does not prohibit the  3921
making of such a representation because of the presence in the  3922
recovered cremated remains of de minimus amounts of the cremated  3923
remains of another decedent or of body parts removed from  3924
another decedent or living person that were not practicably  3925
recoverable and that remained in the cremation or reduction  3926
chamber after the cremated remains from previous cremations or  3927
reductions were removed.  3928
       (I) No crematory or reduction facility or funeral director  3929
shall ship or cause to be shipped any cremated or reduced  3930
remains by a class or method of mail, common carrier service, or  3931
delivery service that does not have an internal system for  3932
tracing the location of the cremated remains during shipment and  3933
that does not require a signed receipt from the person accepting  3934
delivery of the cremated remains.  3935
       (J) No crematory or reduction facility shall fail to  3936
S. B. No. 323  Page 137
As Introduced
establish and maintain a system for accurately identifying each  3937
dead human body in the facility's possession, and for  3938
identifying each decedent or living person from which body parts  3939
in the facility's possession were removed, throughout all phases  3940
of the holding and the cremation or reduction process.  3941
       (K) No crematory or reduction facility shall knowingly use  3942
or allow the use of the same cremation or reduction chamber for  3943
the cremation or reduction of dead human bodies, or human body  3944
parts, and animals.  3945
       Sec. 4717.27. (A) The authorizing agent who executed the  3946
cremation or reduction authorization form authorizing the  3947
cremation or reduction of a decedent under section 4717.24 of  3948
the Revised Code or the cremation or reduction of body parts  3949
under section 4717.25 of the Revised Code is ultimately  3950
responsible for the final disposition of the cremated or reduced  3951
remains of the decedent or body parts.  3952
       (B) If the cremation or reduction authorization form does  3953
not contain instructions for the final disposition of the  3954
cremated or reduced remains of the decedent or body parts, if no  3955
arrangements for the disposition of the cremated remains are  3956
made within thirty days after the completion of the cremation or  3957
reduction, and if the cremated remains have not been picked up  3958
within that thirty-day period by the person designated to  3959
receive them on the authorization form or, in the absence of  3960
such a designated person, by the authorizing agent, the  3961
crematory or reduction facility or the funeral home holding the  3962
unclaimed cremated remains, at the end of that thirty-day  3963
period, may release or deliver them in person to, or cause their  3964
delivery by a method described in division (I) of section  3965
4717.26 of the Revised Code that is acceptable under that  3966
S. B. No. 323  Page 138
As Introduced
division to, the person designated to receive them on the  3967
cremation authorization form or, if no person has been so  3968
designated, to the authorizing agent.  3969
       (C)(1) If the cremation or reduction authorization form  3970
does not contain instructions for the final disposition of the  3971
cremated or reduced remains of the decedent or body parts, if no  3972
arrangements for the final disposition of the cremated remains  3973
are made within sixty days after the completion of the cremation  3974
or reduction, and if the cremated remains have not been picked  3975
up by the person designated on the authorization form to receive  3976
them or, in the absence of such a designated person, by the  3977
authorizing agent, the crematory or reduction facility or the  3978
funeral home holding the unclaimed cremated remains may dispose  3979
of the cremated remains in a grave, crypt, or niche, by  3980
scattering them in any dignified manner, including in a memorial  3981
garden, at sea, by air, or at any scattering grounds described  3982
in section 1721.21 of the Revised Code, or in any other lawful  3983
manner, at any time after the end of that sixty-day period.  3984
       (2) If the cremation or reduction authorization form  3985
specifies the manner of the final disposition of the cremated or  3986
reduced remains, or if within sixty days after the completion of  3987
the cremation or reduction the authorizing agent makes  3988
arrangements for the final disposition of the cremated remains,  3989
and if either the arrangements have not been carried out within  3990
that sixty-day period because of the inaction of a party other  3991
than the operator of the crematory or reduction facility or the  3992
funeral home holding the unclaimed cremated remains, or the  3993
authorizing agent fails to pick up the cremated remains within  3994
that sixty-day period, the crematory or reduction facility or  3995
the funeral home holding the unclaimed cremated remains may  3996
dispose of the cremated remains in a grave, crypt, or niche, by  3997
S. B. No. 323  Page 139
As Introduced
scattering them in any dignified manner, including in a memorial  3998
garden, at sea, by air, or at any scattering grounds described  3999
in section 1721.21 of the Revised Code, or in any other lawful  4000
manner, at any time after the end of that period.  4001
       (3) If cremated or reduced remains of a decedent who was  4002
eighteen years or older at the time of death are unclaimed under  4003
divisions (C)(1) and (2) of this section, the crematory  4004
facility, reduction facility, or the funeral home holding the  4005
cremated remains shall, before disposing of the unclaimed  4006
cremated remains, notify the secretary of the United States  4007
department of veterans affairs of the name of, and other  4008
identifying information related to, the decedent. If, within  4009
sixty days of the notification, the secretary of the department  4010
of veterans affairs notifies the crematory facility, reduction  4011
facility, or funeral home that the decedent was a veteran who is  4012
eligible for burial in a national cemetery under the control of  4013
the national cemetery administration and that the secretary  4014
agrees to provide for the cost of the transportation and burial  4015
of the unclaimed cremated remains in a national cemetery, the  4016
crematory facility, reduction facility, or funeral home shall  4017
follow the directions of the secretary and arrange for the  4018
burial of the unclaimed remains in the national cemetery at the  4019
secretary's expense. If the secretary does not assume the right  4020
to direct the burial of the unclaimed remains within sixty days  4021
of the notification by the crematory facility, reduction  4022
facility, or funeral home, the crematory facility, reduction  4023
facility, or funeral home may carry out the disposition of the  4024
unclaimed remains under divisions (C)(1) and (2) of this  4025
section.  4026
       (4) When cremated or reduced remains are disposed of in  4027
accordance with division (C)(1) or (2) of this section, the  4028
S. B. No. 323  Page 140
As Introduced
authorizing agent who executed the cremation or reduction  4029
authorization form authorizing the cremation or reduction of the  4030
decedent or body parts under section 4717.24 or 4717.25 of the  4031
Revised Code is liable to the crematory facility, reduction  4032
facility, or the funeral home for the cost of the final  4033
disposition, which cost shall not exceed the reasonable cost for  4034
disposing of the cremated remains in a common grave or crypt in  4035
the county where the cremated remains were buried or placed in a  4036
grave, crypt or niche, or scattered.  4037
       (D)(1) Except as provided in division (D)(2) of this  4038
section, no person shall do either of the following:  4039
       (a) Dispose of the cremated or reduced remains of a dead  4040
human body or body parts in such a manner or in such a location  4041
that the cremated remains are commingled with those of another  4042
decedent or body parts removed from another decedent or living  4043
person;  4044
       (b) Place the cremated or reduced remains of more than one  4045
decedent or of body parts removed from more than one decedent or  4046
living person in the same urn or temporary container.  4047
       (2) Division (D)(1) of this section does not prohibit any  4048
of the following:  4049
       (a) The scattering of cremated or reduced remains at sea  4050
or by air or in a dedicated area at a cemetery used exclusively  4051
for the scattering on the ground of the cremated remains of dead  4052
human bodies or body parts.  4053
       (b) The commingling of the cremated or reduced remains of  4054
more than one decedent or of body parts removed from more than  4055
one decedent or living person or the placement in the same urn  4056
or temporary container of the cremated remains of more than one  4057
S. B. No. 323  Page 141
As Introduced
decedent or of body parts removed from more than one decedent or  4058
living person when each authorizing agent who executed the  4059
cremation or reduction authorization form authorizing the  4060
cremation or reduction of each of the decedents or body parts  4061
removed from each of the decedents or living persons under  4062
section 4717.21, 4717.24, or 4717.25 of the Revised Code  4063
authorized the commingling of the cremated remains or the  4064
placement of the cremated remains in the same urn or temporary  4065
container on the authorization form.  4066
       (c) The commingling, by the individual designated on the  4067
cremation or reduction authorization form authorizing the  4068
cremation or reduction of the decedent or body parts to receive  4069
the cremated or reduced remains, other than a funeral director  4070
or employee of a cemetery, or by the authorizing agent who  4071
executed the cremation authorization form, after receipt of the  4072
cremated remains, of the cremated remains with those of another  4073
decedent or of body parts removed from another decedent or  4074
living person or the placing of them by any such person in the  4075
same urn or temporary container with those of another decedent  4076
or of body parts removed from another decedent or living person.  4077
       Sec. 4717.28. (A) No crematory or reduction facility shall  4078
fail to ensure that a written receipt is provided to the person  4079
who delivers a dead human body or body parts to the facility for  4080
cremation or reduction. If the dead human body is other than one  4081
that was donated to science for purposes of medical education or  4082
research, the receipt shall be signed by both a representative  4083
of the crematory or reduction facility and the person who  4084
delivered the decedent to the crematory or reduction facility  4085
and shall indicate the name of the decedent; the date and time  4086
of delivery; the type of casket or alternative container in  4087
which the decedent was delivered to the facility; the name of  4088
S. B. No. 323  Page 142
As Introduced
the person who delivered the decedent to the facility; if  4089
applicable, the name of the funeral home or other establishment  4090
with whom the delivery person is affiliated; and the name of the  4091
person who received the decedent on behalf of the facility. If  4092
the dead human body was donated to science for purposes of  4093
medical education or research, the receipt shall consist of a  4094
copy of the cremation or reduction authorization form executed  4095
under section 4717.21, 4717.24, or 4717.25 of the Revised Code  4096
that authorizes the cremation or reduction of the decedent or  4097
body parts that has been signed by both a representative of the  4098
crematory or reduction facility and the person who delivered the  4099
decedent or body parts to the crematory or reduction facility  4100
and that indicates the date and time of the delivery. The  4101
operator may provide the copy of the receipt to the person who  4102
delivered the decedent or body parts to the facility either in  4103
person or by certified mail, return receipt requested.  4104
       (B) No crematory or reduction facility shall fail to  4105
ensure at the time of releasing cremated or reduced remains that  4106
a written receipt signed by both a representative of the  4107
crematory or reduction facility and the person who received the  4108
cremated remains is provided to the person who received the  4109
cremated remains. Unless the cremated remains are those of a  4110
dead human body that was donated to science for purposes of  4111
medical education or research or are those of body parts, the  4112
receipt shall indicate the name of the decedent; the date and  4113
time of the release; the name of the person to whom the cremated  4114
remains were released; if applicable, the name of the funeral  4115
home, cemetery, or other entity to whom the cremated remains  4116
were released; and the name of the person who released the  4117
cremated remains on behalf of the crematory or reduction  4118
facility. If the cremated remains are those of a dead human body  4119
S. B. No. 323  Page 143
As Introduced
that was donated to science for purposes of medical education or  4120
research or are those of body parts, the receipt shall consist  4121
of a copy of the cremation or reduction authorization form  4122
executed under section 4717.21, 4717.24, or 4717.25 of the  4123
Revised Code that authorizes the cremation or reduction of the  4124
decedent or body parts that has been signed by both a  4125
representative of the crematory or reduction facility and the  4126
person who received the cremated remains and that indicates the  4127
date and time of the release. If the cremated remains were  4128
delivered to the authorizing agent or other individual  4129
designated on the cremation authorization form by a method  4130
described in division (I) of section 4717.26 of the Revised Code  4131
that is acceptable under that division, the receipt required by  4132
this division shall accompany the cremated remains, and the  4133
signature of the authorizing agent or other designated  4134
individual on the delivery receipt meets the requirement of this  4135
division that the person receiving the cremated remains sign the  4136
receipt provided by the crematory or reduction facility.  4137
       (C) For each cremation or reduction carried out at a  4138
crematory or reduction facility, the crematory or reduction  4139
facility shall make and keep on file the following records and  4140
documents for the time period described in division (E) of this  4141
section:  4142
       (1) A copy of each receipt issued upon acceptance by or  4143
delivery to the crematory or reduction facility of a dead human  4144
body under division (A) of this section;  4145
       (2) A copy of each delivery receipt issued under division  4146
(B) of this section;  4147
       (3) A record of each cremation or reduction conducted at  4148
the facility, containing at least the name of the decedent or,  4149
S. B. No. 323  Page 144
As Introduced
in the case of body parts, the name of the decedent or living  4150
person from whom the body parts were removed, the date and time  4151
of the cremation, or reduction, and the final disposition made  4152
of the cremated or reduced remains;  4153
       (4) A separate record of the cremated or reduced remains  4154
of each decedent or the body parts removed from each decedent or  4155
living person that were disposed of in accordance with division  4156
(C)(1) or (2) of section 4717.27 of the Revised Code, containing  4157
at least the name of the decedent, the date and time of the  4158
cremation, or reduction, and the location, date, and manner of  4159
final disposition of the cremated remains.  4160
       (D) All records required to be maintained under sections  4161
4717.21 to 4717.30 of the Revised Code are subject to inspection  4162
by the board of embalmers and funeral directors or an authorized  4163
representative of the board, upon reasonable notice, at any  4164
reasonable time.  4165
       (E) The documents listed in divisions (C)(1) and (2) of  4166
this section shall be retained for the shorter of the time that  4167
the crematory or reduction facility remains engaged in the  4168
business of cremating or reducing dead human bodies or body  4169
parts or ten years following the date of the cremation. The  4170
documents listed in divisions (C)(3) and (4) of this section  4171
shall be retained during the time that the crematory or  4172
reduction facility remains engaged in the business of cremating  4173
or reducing dead human bodies or body parts.  4174
       Sec. 4717.29. (A) A person executing a cremation or  4175
reduction authorization form as the authorizing agent under  4176
section 4717.24 of the Revised Code shall use diligent efforts  4177
to determine whether a pacemaker, cardiac defibrillator, or any  4178
other mechanical or radioactive device or implant is present in  4179
S. B. No. 323  Page 145
As Introduced
the decedent's body that poses a hazard to the health or safety  4180
of the personnel of the crematory or reduction facility or to  4181
the cremation or reduction chamber during the cremation or  4182
reduction process and shall indicate the presence of the device  4183
or implant on the cremation authorization form. If the decedent  4184
is to be delivered to the crematory or reduction facility by a  4185
funeral director, the person executing the authorization form  4186
shall inform the funeral director of the presence of the device  4187
or implant.  4188
       (B) If a funeral director delivers the decedent to a  4189
crematory or reduction facility, the funeral director shall take  4190
reasonable precautions to ensure necessary actions are taken to  4191
remove a device or implant from the decedent, or to render the  4192
device or implant nonhazardous prior to delivering the decedent  4193
to the crematory or reduction facility.  4194
       Sec. 4717.30. (A) A crematory or reduction facility  4195
operator, crematory or reduction facility, funeral director, or  4196
funeral home is not liable in damages in a civil action for any  4197
of the following actions or omissions, unless the actions or  4198
omissions were made with malicious purpose, in bad faith, or in  4199
a wanton or reckless manner or unless any of the conditions set  4200
forth in divisions (B)(1) to (3) of this section apply:  4201
       (1)(a) For having arranged or performed the cremation or  4202
reduction of the decedent, or having released or disposed of the  4203
cremated or reduced remains, in accordance with the instructions  4204
set forth in the cremation or reduction authorization form  4205
executed by the decedent on an antemortem basis under section  4206
4717.21 of the Revised Code;  4207
       (b) For having arranged or performed the cremation or  4208
reduction of the decedent or body parts removed from the  4209
S. B. No. 323  Page 146
As Introduced
decedent or living person or having released or disposed of the  4210
cremated or reduced remains in accordance with section 4717.27  4211
of the Revised Code or the instructions set forth in a cremation  4212
or reduction authorization form executed by the person  4213
authorized to serve as the authorizing agent for the cremation  4214
or reduction of the decedent or for the cremation or reduction  4215
of body parts of the decedent or living person, named in the  4216
cremation authorization form executed under section 4717.24 or  4217
4717.25 of the Revised Code.  4218
       (2) For having arranged or performed the cremation or  4219
reduction of the decedent, or having released or disposed of the  4220
cremated or reduced remains, in accordance with section 4717.27  4221
of the Revised Code or the instructions set forth in the  4222
cremation or reduction authorization form executed by a  4223
designated agent under division (C) of section 4717.24 of the  4224
Revised Code.  4225
       (B) The crematory or reduction facility operator,  4226
crematory or reduction facility, funeral director, or funeral  4227
home is not liable in damages in a civil action for refusing to  4228
accept a dead human body or body parts or to perform a cremation  4229
or reduction under any of the following circumstances, unless  4230
the refusal was made with malicious purpose, in bad faith, or in  4231
a wanton or reckless manner:  4232
       (1) The crematory or reduction facility operator,  4233
crematory or reduction facility, funeral director, or funeral  4234
home has actual knowledge that there is a dispute regarding the  4235
cremation or reduction of the decedent or body parts, until such  4236
time as the crematory or reduction facility operator, crematory  4237
or reduction facility, funeral director, or funeral home  4238
receives an order of the probate court having jurisdiction  4239
S. B. No. 323  Page 147
As Introduced
ordering the cremation or reduction of the decedent or body  4240
parts or until the crematory or reduction facility operator,  4241
crematory or reduction facility, funeral director, or funeral  4242
home receives from the parties to the dispute a copy of a  4243
written agreement resolving the dispute and authorizing the  4244
cremation or reduction to be performed.  4245
       (2) The crematory or reduction facility operator,  4246
crematory or reduction facility, funeral director, or funeral  4247
home has a reasonable basis for questioning the accuracy of any  4248
of the information or statements contained in a cremation or  4249
reduction authorization form executed under section 4717.21,  4250
4717.24, or 4717.25 of the Revised Code, as applicable, that  4251
authorizes the cremation or reduction of the decedent or body  4252
parts.  4253
       (3) The crematory or reduction facility operator,  4254
crematory or reduction facility, funeral director, or funeral  4255
home has any other lawful reason for refusing to accept the dead  4256
human body or body parts or to perform the cremation or  4257
reduction.  4258
       (C) A crematory or reduction facility operator, crematory  4259
or reduction facility, funeral director, or funeral home is not  4260
liable in damages in a civil action for refusing to release or  4261
dispose of the cremated or reduced remains of a decedent or body  4262
parts when the crematory or reduction facility operator,  4263
crematory or reduction facility, funeral director, or funeral  4264
home has actual knowledge that there is a dispute regarding the  4265
release or final disposition of the cremated remains in  4266
connection with any damages sustained, prior to the time the  4267
crematory or reduction facility operator, crematory or reduction  4268
facility, funeral home, or funeral director receives an order of  4269
S. B. No. 323  Page 148
As Introduced
the probate court having jurisdiction ordering the release or  4270
final disposition of the cremated remains, or prior to the time  4271
the crematory or reduction facility operator, crematory or  4272
reduction facility, funeral director, or funeral home receives  4273
from the parties to the dispute a copy of a written agreement  4274
resolving the dispute and authorizing the cremation or reduction  4275
to be performed.  4276
       (D) A crematory or reduction facility operator, crematory  4277
or reduction facility, funeral director, or funeral home is not  4278
liable in damages in a civil action in connection with the  4279
cremation or reduction of, or disposition of the cremated or  4280
reduced remains of, any dental gold, jewelry, or other items of  4281
value delivered to the crematory or reduction facility or  4282
funeral home with a dead human body or body parts, unless either  4283
or both of the following apply:  4284
       (1) The cremation or reduction authorization form  4285
authorizing the cremation or reduction of the decedent or body  4286
parts executed under section 4717.21, 4717.24, or 4717.25 of the  4287
Revised Code, as applicable, contains specific instructions for  4288
the removal or recovery and disposition of any such dental gold,  4289
jewelry, or other items of value prior to the cremation or  4290
reduction, and the crematory or reduction facility operator,  4291
crematory or reduction facility, funeral director, or funeral  4292
home has failed to comply with the written instructions.  4293
       (2) The actions or omissions of the crematory or reduction  4294
facility operator, crematory or reduction facility, funeral  4295
director, or funeral home were made with malicious purpose, in  4296
bad faith, or in a wanton or reckless manner.  4297
       (E)(1) This section does not create a new cause of action  4298
against or substantive legal right against a crematory or  4299
S. B. No. 323  Page 149
As Introduced
reduction facility operator, crematory or reduction facility,  4300
funeral director, or funeral home.  4301
       (2) This section does not affect any immunities from civil  4302
liability or defenses established by another section of the  4303
Revised Code or available at common law to which a crematory or  4304
reduction facility operator, crematory or reduction facility,  4305
funeral director, or funeral home may be entitled under  4306
circumstances not covered by this section.  4307
       Sec. 4717.36. (A) This section applies only to preneed  4308
funeral contracts that are funded by any means other than an  4309
insurance policy or policies, or an annuity or annuities.  4310
       No money in a preneed funeral contract trust shall be  4311
distributed from the trust except as provided in this section.  4312
       (B) A seller of a preneed funeral contract that stipulates  4313
a fixed or firm or guaranteed price for funeral services and  4314
funeral goods to be provided under a preneed funeral contract  4315
may charge an initial service fee not to exceed ten per cent of  4316
the total amount of all payments to be paid under the preneed  4317
funeral contract for such guaranteed price funeral services and  4318
funeral goods. If the amount to be paid by the purchaser is to  4319
be paid in installments, the seller may collect the initial  4320
service fee only after all of the installments have been paid.  4321
       (C)(1) Except for the following, all payments made by the  4322
purchaser of a preneed funeral contract shall be made in the  4323
form of a check, cashier's check, money order, or debit or  4324
credit card, payable only to the trustee of the preneed funeral  4325
contract trust or to the trustee's designated depository:  4326
       (a) The initial service fee permitted by division (B) of  4327
this section;  4328
S. B. No. 323  Page 150
As Introduced
       (b) The fee collected under division (A)(14)(A)(18) of  4329
section 4717.07 of the Revised Code;  4330
       (c) Any applicable sales tax.  4331
       (2) If the purchaser makes payment in the form of a check  4332
made payable to the seller, the seller may, within five business  4333
days of receiving the check, sign over and forward the check to  4334
the trustee or the trustee's designated depository.  4335
       (3) Within thirty days of the seller receiving any form of  4336
payment made payable to the trustee or the trustee's designee,  4337
the seller shall remit the payment to the trustee or the  4338
trustee's designee unless the purchaser rescinds the preneed  4339
funeral contract in accordance with division (A) of section  4340
4717.34 of the Revised Code. The funds deposited with the  4341
trustee shall remain intact and held in trust for the contract  4342
beneficiary.  4343
       (D) The seller shall establish a preneed funeral contract  4344
trust at one of the following types of institutions and shall  4345
designate that institution as the trustee of the preneed funeral  4346
contract trust:  4347
       (1) A trust company licensed under Chapter 1111. of the  4348
Revised Code;  4349
       (2) A national bank, federal savings bank, or federal  4350
savings association that pledges securities in accordance with  4351
section 1111.04 of the Revised Code;  4352
       (3) A credit union authorized to conduct business in this  4353
state pursuant to Chapter 1733. of the Revised Code.  4354
       (E) Moneys deposited in a preneed funeral contract trust  4355
fund shall be held and invested in the manner in which trust  4356
S. B. No. 323  Page 151
As Introduced
funds are permitted to be held and invested pursuant to Chapter  4357
1111. of the Revised Code.  4358
       (F) The seller shall establish a separate preneed funeral  4359
contract trust for the moneys paid under each preneed funeral  4360
contract, unless the purchaser or purchasers of a preneed  4361
funeral contract or contracts authorize the seller to place the  4362
moneys paid for that contract or those contracts in a combined  4363
preneed funeral contract trust. The trustee of a combined  4364
preneed funeral contract trust shall keep exact records of the  4365
corpus, income, expenses, and disbursements with regard to each  4366
purchaser and contract beneficiary for whom moneys are held in  4367
the trust. The terms of a preneed funeral contract trust are  4368
governed by this section and the payments from that trust are  4369
governed by Chapter 1111. of the Revised Code, except as  4370
otherwise provided in this section.  4371
       A trustee of a preneed funeral contract trust may pay  4372
taxes and expenses for a preneed funeral contract trust and may  4373
charge a fee for managing a preneed funeral contract trust. The  4374
fee shall not exceed the amount regularly or usually charged for  4375
similar services rendered by the institutions described in  4376
division (D) of this section when serving as a trustee.  4377
       (G) If the purchaser of a preneed funeral contract that is  4378
revocable elects to cancel the contract, the purchaser shall  4379
provide a written notice to the seller of the contract and the  4380
trustee of the preneed funeral contract trust stating that the  4381
purchaser intends to cancel the contract. Fifteen days after the  4382
purchaser provides that notice to the seller and trustee, the  4383
purchaser may cancel the contract. Upon canceling a preneed  4384
funeral contract pursuant to this division, one of the following  4385
shall occur, as applicable:  4386
S. B. No. 323  Page 152
As Introduced
       (1) If the preneed funeral contract does not stipulate a  4387
firm or fixed or guaranteed price for funeral goods and funeral  4388
services to be provided under the preneed funeral contract, the  4389
trustee shall give to the purchaser all of the assets of the  4390
trust that exist at the time of cancellation, less any fees  4391
charged, distributions paid, and expenses incurred by the  4392
trustee pursuant to division (F) of this section.  4393
       (2) If the preneed funeral contract does stipulate a firm  4394
or fixed or guaranteed price for funeral goods and funeral  4395
services to be provided under the contract, the purchaser may  4396
request and receive from the trustee all of the assets of the  4397
trust at the time of cancellation, less a cancellation fee that  4398
the original seller may collect from the trustee that is equal  4399
to or less than ten per cent of the value of the assets of the  4400
trust on the date the trust is cancelled, provided, however,  4401
that to the extent the original seller took an initial service  4402
fee as permitted by division (B) of this section, the aggregate  4403
amount of the cancellation fee and the initial service fee may  4404
not exceed ten per cent of the value of those assets. In  4405
addition to any cancellation fee, there may also be deducted any  4406
fees charged, distributions paid, and expenses incurred by the  4407
trustee pursuant to division (F) of this section.  4408
       If more than one purchaser enters into the contract, all  4409
of those purchasers must request cancellation of the contract  4410
for it to be effective under this division, and the trustee  4411
shall refund to each purchaser only those funds that purchaser  4412
has paid under the contract and any income earned on those funds  4413
in an amount that is in direct proportion to the amount of funds  4414
that purchaser paid relative to the total amount of payments  4415
deposited in that trust, less any fees charged, distributions  4416
paid, and expenses incurred by the trustee pursuant to division  4417
S. B. No. 323  Page 153
As Introduced
(F) of this section, the amount of which are in direct  4418
proportion to the amount of funds that purchaser paid relative  4419
to the total amount of payments deposited in that trust.  4420
       (H) The purchaser of a preneed funeral contract that is  4421
irrevocable may transfer the preneed funeral contract to a  4422
successor seller. A purchaser who elects to make such a transfer  4423
shall provide a written notice of the designation of a successor  4424
seller to the trustee and the original seller. Within fifteen  4425
days after receiving the written notice of the new designation  4426
from the purchaser, the trustee shall list the successor seller  4427
as the seller of the preneed funeral contract and the original  4428
seller shall relinquish and transfer all rights under the  4429
preneed funeral contract to the successor seller. The trustee  4430
shall confirm the transfer by providing written notice of the  4431
transfer to the original seller, the successor seller, and the  4432
purchaser. If the preneed funeral contract stipulates a firm or  4433
fixed or guaranteed price for the funeral goods and funeral  4434
services to be provided under the preneed funeral contract, the  4435
original seller may collect from the trustee a transfer fee from  4436
the trust that equals up to ten per cent of the value of the  4437
assets of the trust on the date the trust is transferred,  4438
provided, however, that to the extent the original seller took  4439
an initial service fee as permitted by division (B) of this  4440
section, the aggregate amount of the transfer fee and the  4441
initial service fee may not exceed ten per cent of the value of  4442
those assets. If the preneed funeral contract does not stipulate  4443
a firm or fixed or guaranteed price for funeral goods and  4444
funeral services to be provided under the preneed funeral  4445
contract, no transfer fee shall be collected by the original  4446
seller.  4447
       (I) If a seller of a preneed funeral contract elects to  4448
S. B. No. 323  Page 154
As Introduced
transfer a preneed funeral contract trust from an institution  4449
listed in divisions (D)(1) to (3) of this section to a different  4450
institution, the trustee of the original trust shall notify the  4451
purchaser of the preneed funeral contract of that transfer in  4452
writing within thirty days after the transfer occurred and shall  4453
provide the purchaser with the name of and the contact  4454
information for the institution where the new trust is  4455
maintained. Upon receipt of the trust, the trustee of the  4456
transferred trust shall notify the purchaser of the receipt of  4457
the trusts in accordance with division (A) of section 4717.33 of  4458
the Revised Code.  4459
       (J)(1) If a seller receives a notice that the contract  4460
beneficiary has died and that funeral goods and funeral services  4461
have been provided by a provider other than the seller, the  4462
seller shall direct the trustee, within thirty days after  4463
receiving that notice, to pay to the provider that provided the  4464
funeral goods and services, if still unpaid, all funds held by  4465
the trustee, less any fees charged, distributions paid, and  4466
expenses incurred by the trustee pursuant to division (F) of  4467
this section.  4468
       (2) If the provider has already been paid for providing  4469
the funeral goods and funeral services to the contract  4470
beneficiary, the seller shall direct the trustee to pay to the  4471
estate of the contract beneficiary or, if no estate has been  4472
opened, to any person with the right of disposition under  4473
section 2108.81 of the Revised Code all funds held by the  4474
trustee, less any fees charged, distributions paid, and expenses  4475
incurred by the trustee pursuant to division (F) of this  4476
section. The trustee shall make a reasonable attempt to pay the  4477
estate or person with the right of disposition within one  4478
hundred eighty days of receipt of notice that the contract  4479
S. B. No. 323  Page 155
As Introduced
beneficiary has died. If the trustee is unable to make payment  4480
within one hundred eighty days, the trustee shall report and  4481
remit the funds to the director of commerce pursuant to Chapter  4482
169. of the Revised Code.  4483
       (3) In the event the preneed funeral contract stipulates a  4484
firm or fixed or guaranteed price for funeral goods and funeral  4485
services that were to be provided under the preneed funeral  4486
contract, the seller may collect from the trustee a cancellation  4487
fee not exceeding ten per cent of the value of the assets of the  4488
trust on the date the trust is transferred, provided, however,  4489
that to the extent the original seller took an initial service  4490
fee as permitted by division (B) of this section, the aggregate  4491
amount of the transfer fee and the initial service fee shall not  4492
exceed ten per cent of the value of those assets. If the preneed  4493
funeral trust does not stipulate a firm or fixed or guaranteed  4494
price for funeral goods and funeral services to be provided  4495
under the preneed funeral contract, no cancellation fees shall  4496
be collected by the original seller.  4497
       (K) A certified copy of the certificate of death or other  4498
evidence of death satisfactory to the trustee shall be furnished  4499
to the trustee as evidence of death, and the trustee shall  4500
promptly pay the accumulated payments and income, if any,  4501
according to the preneed funeral contract. Such payment of the  4502
accumulated payments and income pursuant to this section and,  4503
when applicable, the preneed funeral contract, relieves the  4504
trustee of any further liability on the accumulated payments and  4505
income.  4506
       If, after a preneed funeral contract has been performed  4507
and paid for by the proceeds of a preneed trust fund, there are  4508
excess funds that the purchaser previously assigned by a written  4509
S. B. No. 323  Page 156
As Introduced
contract to the seller to pay for preneed funeral services or  4510
funeral goods for other individuals, the trustee holding such  4511
excess funds shall pay those funds directly to the seller, and  4512
the seller shall deposit the funds into a trust or purchase  4513
insurance or annuity policies to fund additional preneed funeral  4514
contracts.  4515
       Sec. 4717.41. (A) There is hereby created the preneed  4516
recovery fund, which shall be in the custody of the treasurer of  4517
state but shall not be part of the state treasury. All fees  4518
collected under division (A)(14)(A)(18) of section 4717.07 of  4519
the Revised Code shall be deposited into the fund. The fund  4520
shall be used to reimburse purchasers of preneed funeral  4521
contracts who have suffered financial loss as a result of the  4522
malfeasance, misfeasance, default, failure, or insolvency in  4523
connection with the sale of a preneed funeral contract by any  4524
licensee under this chapter, regardless of whether the sale of  4525
such contract occurred before or after the establishment of the  4526
fund. The fund, and all investment earnings thereon, shall only  4527
be used for the purposes set forth in this section and shall not  4528
be used for any other purposes. The fund shall be administered  4529
by the board of embalmers and funeral directors.  4530
       (B) All fees collected under division (A)(14)(A)(18) of  4531
section 4717.07 of the Revised Code shall be deposited into the  4532
fund. Deposits to and disbursements from the fund account shall  4533
be subject to rules established by the board.  4534
       (C) If at the end of any fiscal year for this state, the  4535
balance in the fund exceeds two million dollars, the fee  4536
required by division (A)(14)(A)(18) of section 4717.07 of the  4537
Revised Code for the upcoming fiscal year shall be reduced by  4538
fifty per cent. If the balance in the fund at the end of a  4539
S. B. No. 323  Page 157
As Introduced
fiscal year exceeds three million dollars, the payment of the  4540
fee required by division (A)(14)(A)(18) of section 4717.07 of  4541
the Revised Code shall be suspended for the upcoming fiscal  4542
year.  4543
        (D) The board shall adopt rules governing management of  4544
the fund, the presentation and processing of applications for  4545
reimbursement, subrogation, or assignment of the rights of any  4546
reimbursed applicant.  4547
        (E) The board may expend moneys in the fund for the  4548
following purposes:  4549
        (1) To make reimbursements on approved applications;  4550
        (2) To purchase insurance to cover losses as considered  4551
appropriate by the board and not inconsistent with the purposes  4552
of the fund;  4553
        (3) To invest such portions of the fund as are not  4554
currently needed to reimburse losses and maintain adequate  4555
reserves, as are permitted to be made by fiduciaries under the  4556
laws of this state;  4557
        (4) To pay the expenses of the board for administering the  4558
fund, including employment of local counsel to prosecute  4559
subrogation claims.  4560
        (F) Reimbursements from the fund shall be made only to the  4561
extent to which those losses are not bonded or otherwise  4562
covered, protected, or reimbursed and only after the applicant  4563
has complied with all applicable rules of the board.  4564
        (G) The board shall investigate all applications made and  4565
may reject or allow such claims in whole or in part to the  4566
extent that moneys are available in the fund. The board shall  4567
S. B. No. 323  Page 158
As Introduced
have complete discretion to determine the order and manner of  4568
payment of approved applications. All payments shall be a matter  4569
of privilege and not of right, and no person shall have any  4570
right in the fund as a third-party beneficiary or otherwise. No  4571
attorney may be compensated by the board for prosecuting an  4572
application for reimbursement.  4573
       (H) If reimbursement is made to an applicant under this  4574
section, the board shall be subrogated in the reimbursement  4575
amount and may bring any action it considers advisable against  4576
any person. The board may enforce any claims it may have for  4577
restitution or otherwise and may employ and compensate  4578
consultants, agents, legal counsel, accountants, and other  4579
persons it considers appropriate.  4580
       Sec. 4767.02. (A) Except as otherwise provided in division  4581
(D) of this section, no person, church, religious society,  4582
established fraternal organization, or political subdivision of  4583
the state shall own, operate, or maintain a cemetery unless the  4584
cemetery is registered pursuant to section 4767.03 of the  4585
Revised Code.  4586
       (B) The superintendent of the division of real estate in  4587
the department of commerce shall perform all of the following  4588
duties:  4589
       (1) Administer this chapter;  4590
       (2) Issue orders necessary to implement this chapter;  4591
       (3) Administer the cemetery grant program established  4592
under section 4767.10 of the Revised Code;  4593
       (4) Prescribe the form and content of all applications to  4594
be used for registration and renewal of registration pursuant to  4595
section 4767.03 of the Revised Code;  4596
S. B. No. 323  Page 159
As Introduced
       (5) Review applications for registration and issue  4597
registration certificates to cemeteries that meet the  4598
qualifications for registration pursuant to sections 4767.03 and  4599
4767.04 of the Revised Code;  4600
       (6) Collect all fees related to the registration and  4601
renewal of registration certificates for cemeteries;  4602
       (7) Maintain a written record of each cemetery registered  4603
with the division, which shall include such documentation as  4604
required in division (A) of section 4767.04 of the Revised Code.  4605
The record shall be available for inspection by the public and  4606
copies shall be made available pursuant to division (B) of  4607
section 149.43 of the Revised Code.  4608
       (8) Revoke the registration of any cemetery owner or  4609
operator convicted of a violation of section 1721.21 or 1721.211  4610
of the Revised Code immediately upon receipt of notice of the  4611
conviction pursuant to section 119.06 of the Revised Code;  4612
       (9) Hire all division personnel necessary to implement  4613
this chapter;  4614
       (10) Refuse to issue a registration certificate to the  4615
purchaser of management rights, assets, or stock of a cemetery  4616
until the dispute resolution commission has received either of  4617
the following:  4618
       (a) Financial statements audited by a certified public  4619
accountant showing to the commission's satisfaction that all  4620
current funds required to be deposited and maintained pursuant  4621
to sections 1721.21 and 1721.211 of the Revised Code have been  4622
deposited and maintained; or  4623
       (b) A plan agreed to by the parties and approved by the  4624
commission in accordance with division (G) of section 4767.06 of  4625
S. B. No. 323  Page 160
As Introduced
the Revised Code.  4626
       (11) Establish and maintain an investigation and audit  4627
section within the division of real estate in the department of  4628
commerce to conduct investigations pursuant to division (A) of  4629
section 4767.08 of the Revised Code and to audit the financial  4630
records of a cemetery to ensure compliance with sections 1721.21  4631
and 1721.211 of the Revised Code at least every five years, or  4632
more often as the section deems necessary. The investigators or  4633
auditors of the section may review and audit the business  4634
records of cemeteries during normal business hours.  4635
       (C) Investigators, auditors, and other personnel of the  4636
division or commission shall maintain the confidentiality of  4637
information obtained from cemeteries, complainants, or other  4638
persons during an investigation or while conducting an  4639
inspection, audit, and other inquiry under division (B)(11) of  4640
this section, and of all other reports, documents, and work  4641
product that result from that information and that are prepared  4642
by the investigators, auditors, or other personnel of the  4643
division or commission. Such information and other reports,  4644
documents, and work product are not a public record for purposes  4645
of section 149.43 of the Revised Code.  4646
       (D)(D)(1) Sections 4767.02 to 4767.04 of the Revised Code  4647
do not apply to or affect a any of the following:  4648
       (a) A family cemetery or a ;  4649
       (b) A cemetery in which there have been no interments  4650
during the previous twenty-five calendar years;  4651
       (c) Private conservation land in which reduced remains, as  4652
defined in section 4717.01 of the Revised Code, have been placed  4653
or comingled with soil.  4654
S. B. No. 323  Page 161
As Introduced
       (2) As used in this divisionsection, "family cemetery"  4655
means a cemetery containing the human remains of persons, at  4656
least three-fourths of whom have a common ancestor or who are  4657
the spouse or adopted child of that common ancestor.  4658
       Sec. 4767.05. (A) There is hereby created the Ohio  4659
cemetery dispute resolution commission, which shall consist of  4660
nine members to be appointed by the governor with the advice and  4661
consent of the senate as follows:  4662
       (1) One member shall be the management authority of a  4663
municipal, township, or union cemetery and shall be selected  4664
from a list of four names submitted to the governor. Two of the  4665
four names shall be submitted by the Ohio township association  4666
and two names shall be submitted by the Ohio municipal league.  4667
       (2) Four members shall be individuals employed in a  4668
management position by a cemetery company or cemetery  4669
association selected from a list of names submitted to the  4670
governor by the Ohio cemetery association.  4671
       (3) Two members shall be employed in a management position  4672
by a cemetery that is owned or operated by a religious,  4673
fraternal, or benevolent society and shall be selected from a  4674
list of four names submitted by the Ohio cemetery association.  4675
       (4) Two members, at least one of whom shall be at least  4676
sixty-five years of age, shall be representatives of the public  4677
with no financial interest in the death care industry.  4678
       Each member of the commission, except for the two members  4679
who represent the public, shall, at the time of appointment,  4680
have had a minimum of five consecutive years of experience in  4681
the active administration and management of a cemetery in this  4682
state.  4683
S. B. No. 323  Page 162
As Introduced
       (B) Within ninety days after July 1, 1993, the governor  4684
shall make initial appointments to the commission. Of the  4685
initial appointments, two shall be for terms ending July 1,  4686
1994, two shall be for terms ending July 1, 1995, two shall be  4687
for terms ending July 1, 1996, and three shall be for terms  4688
ending July 1, 1997. Thereafter, terms of office shall be for  4689
four years, with each term ending on the same day of the same  4690
month as did the term that it succeeds. Each member shall hold  4691
office from the date of appointment until the end of the term  4692
for which the member was appointed. Vacancies shall be filled in  4693
the manner provided for original appointments, with each  4694
appointee, other than a representative of the public, being  4695
appointed from a list of two names submitted to the governor by  4696
the association or organization that was required to nominate  4697
candidates for initial appointment to the position that has  4698
become vacant. Any member appointed to fill a vacancy occurring  4699
prior to the expiration date of the term for which the member's  4700
predecessor was appointed shall hold office for the remainder of  4701
that term. A member shall continue in office subsequent to the  4702
expiration date of the member's term until the member's  4703
successor takes office or until a period of sixty days has  4704
elapsed, whichever occurs first. No person shall serve as a  4705
member of the commission for more than two consecutive terms,  4706
excluding any term served to fill an initial appointment to a  4707
term of less than four years or an unexpired term caused by a  4708
vacancy.  4709
       (C) The commission annually shall elect from among its  4710
members a chairperson, vice-chairperson, and secretary, each of  4711
whom shall serve a term of one year in that office. The  4712
commission shall meet at least four times a year. Additional  4713
meetings may be called by the chairperson, or by the vice-  4714
S. B. No. 323  Page 163
As Introduced
chairperson when the chairperson is disabled, or by a majority  4715
of the members of the commission. A majority of the members  4716
constitutes a quorum to transact and vote on business of the  4717
commission.  4718
       The chairperson or vice-chairperson may:  4719
       (1) Administer oaths;  4720
       (2) Issue subpoenas;  4721
       (3) Summon witnesses;  4722
       (4) Compel the production of books, papers, records, and  4723
other forms of evidence;  4724
       (5) Fix the time and place for hearing any matter related  4725
to compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,  4726
4735.02, 4767.02, and 4767.09 of the Revised Code.  4727
       The chairperson shall designate three members of the  4728
commission to serve on the crematory and reduction facility  4729
review board in accordance with section 4717.03 of the Revised  4730
Code for such time as the chairperson finds appropriate. Members  4731
designated to serve on the crematory and reduction facility  4732
review board shall perform all functions necessary to carry out  4733
the duties of the board as described in section 4717.03 of the  4734
Revised Code. Members who serve on the crematory and reduction  4735
facility review board shall receive no compensation for such  4736
service.  4737
       (D) Before entering upon the duties of office, each member  4738
of the commission shall take the oath pursuant to section 3.22  4739
of the Revised Code. The governor may remove any member for  4740
misconduct, neglect of duty, incapacity, or malfeasance in  4741
accordance with section 3.04 of the Revised Code.  4742
S. B. No. 323  Page 164
As Introduced
       (E) Members of the commission shall receive no  4743
compensation but shall be reimbursed for their actual and  4744
necessary expenses incurred in the performance of their duties  4745
as members of the commission.  4746
       (F) The division of real estate in the department of  4747
commerce shall provide the commission with meeting space, staff  4748
services, and other technical assistance required by the  4749
commission in carrying out its duties pursuant to sections  4750
4767.05 to 4767.08 of the Revised Code.  4751
       Sec. 5120.45. The state shall bear the expense of the  4752
burial or , cremation or reduction of an inmate who dies in a  4753
state correctional institution, if the body is not claimed for  4754
interment or , cremation or reduction at the expense of friends  4755
or relatives, or is not delivered for anatomical purposes or for  4756
the study of embalming in accordance with section 1713.34 of the  4757
Revised Code. When the expense is borne by the state, interment  4758
of the person or the person's cremated or reduced remains shall  4759
be in the institution cemetery or other place provided by the  4760
state. The managing officer of the institution shall provide at  4761
the grave of the person or, if the person's cremated remains are  4762
buried, at the grave of the person's cremated remains, a metal,  4763
stone, or concrete marker on which shall be inscribed the name  4764
and age of the person and the date of death.  4765
       Sec. 5121.11. The state shall bear the expense of the  4766
burial or, cremation or reduction of an indigent resident who  4767
dies in a state institution operated by the department of  4768
developmental disabilities under section 5123.03 of the Revised  4769
Code or in a state correctional institution if the body is not  4770
claimed for interment or, cremation or reduction at the expense  4771
of friends or relatives or is not delivered for anatomical  4772
S. B. No. 323  Page 165
As Introduced
purposes or for the study of embalming in accordance with  4773
section 1713.34 of the Revised Code. The managing officer of the  4774
institution shall provide at the grave of the person or, if the  4775
person's cremated or reduced remains are buried, at the grave of  4776
the person's cremated remains, a metal, stone, or concrete  4777
marker on which shall be inscribed the name and age of the  4778
person and the date of death.  4779
       Sec. 5121.53. The state shall bear the expense of the  4780
burial or , cremation or reduction of an indigent patient who  4781
dies in a hospital if the body is not claimed for interment or ,  4782
cremation or reduction at the expense of friends or relatives,  4783
or is not delivered for anatomical purposes or for the study of  4784
embalming in accordance with section 1713.34 of the Revised  4785
Code. The managing officer of the hospital shall provide at the  4786
grave of the patient or, if the patient's cremated or reduced  4787
remains are buried, at the grave of the patient's cremated  4788
remains, a metal, stone, or concrete marker on which shall be  4789
inscribed the name and age of the patient and the date of death.  4790
       Sec. 5901.25. The board of county commissioners shall  4791
require the veterans service commission, upon application and  4792
with the approval of the family or friends of the deceased, to  4793
contract, at a fair and reasonable price, with the funeral  4794
director selected by the family or friends, and cause to be  4795
interred or , cremated or reduced in a decent and respectable  4796
manner the body of any veteran, or the parent, spouse, or  4797
surviving spouse of any such veteran, who dies without the means  4798
to defray the necessary funeral or , cremation or reduction  4799
expenses. Such a burial may be made in any cemetery or burial  4800
ground within the state, other than those used exclusively for  4801
the burial of paupers and criminals.  4802
S. B. No. 323  Page 166
As Introduced
       Sec. 5901.26. Pursuant to section 5901.25 of the Revised  4803
Code, the veterans service commission shall use the forms of  4804
contracts prescribed by sections 5901.25 to 5901.32 of the  4805
Revised Code, and abide by the regulations provided by such  4806
sections. The commission shall see that funeral directors  4807
furnish all items specified in the contract, that when the  4808
benefits of such sections are claimed the entire amount to be  4809
contributed by the county toward the cost of the burial or ,  4810
cremation or reduction shall not exceed the sum of one thousand  4811
dollars, and that any remaining costs are paid by the family or  4812
friends of the deceased.  4813
       Sec. 5901.27. Before assuming the charge and expense of  4814
any burial or , cremation, or reduction, the veterans service  4815
commission, pursuant to section 5901.25 of the Revised Code,  4816
shall satisfy itself, beyond a reasonable doubt, by careful  4817
inquiry, that the family of the deceased is unable, for want of  4818
means, to defray the expenses of the burial or , cremation, or  4819
reduction, or that the family may be deprived of means actually  4820
necessary for its immediate support. Thereupon the commission  4821
shall cause the deceased to be buried or , cremated, or reduced  4822
and make a report thereof to the board of county commissioners.  4823
The report shall set forth that the commission found the family  4824
of the deceased person in indigent circumstances and unable to  4825
pay the expenses of burial or , cremation, or reduction. The  4826
report shall also set forth the name of the deceased, the rank  4827
and command to which the deceased belonged if a veteran, the  4828
date of death, the place of burial or disposition made of the  4829
person's cremated or reduced remains, the occupation while  4830
living, and an accurate itemized statement of the expenses  4831
incurred by reason of the burial or , cremation, or reduction.  4832
       Sec. 5901.29. The funeral director employed to perform the  4833
S. B. No. 323  Page 167
As Introduced
service described by section 5901.25 of the Revised Code shall  4834
use the blanks provided by this section, specifying what the  4835
funeral director is to furnish for the service. The contract  4836
shall be signed by the funeral director and a copy thereof left  4837
with the veterans service commission with which it is made. Such  4838
contract shall read as follows:  4839
       "I ________________, funeral director, residing at  4840
_________________ hereby agree to furnish the following items  4841
for the burial or , cremation, or reduction (circle one) of  4842
_______________, who resided at ___________________, and died  4843
______________, _________, which shall consist of:  4844
       (A) One casket, nicely covered with a good quality of  4845
black cloth, lined with a good quality of white satin or other  4846
material, and trimmed on the outside with handles of a fair  4847
quality in keeping with the casket;  4848
       (B) One burial robe of a good quality of material;  4849
       (C) One plain box appropriate for receiving the coffin or  4850
urn containing cremated or reduced remains inside the grave;  4851
       (D) Payment for digging the grave, in the place designated  4852
by the friends of the deceased or as otherwise provided, and for  4853
filling the grave in a proper manner;  4854
       (E) Furnishing a funeral car for conveying the remains to  4855
the place of burial or crematory, cremation, or reduction;  4856
       (F) Preparing the body for burial when so requested;  4857
       (G) Furnishing necessary transportation for the use of the  4858
family, friends, and pallbearers, which people shall be returned  4859
to their respective homes or to the place where the funeral  4860
services were held;  4861
S. B. No. 323  Page 168
As Introduced
       (H) Furnishing a decent, respectable funeral, for the sum  4862
of ______ dollars."  4863
       Sec. 5901.32. Upon securing the report and statement of  4864
expenses as provided by section 5901.27 of the Revised Code, the  4865
board of county commissioners shall transcribe in a book to be  4866
kept for that purpose, all the facts contained in the report  4867
concerning a deceased veteran, and shall certify the expenses  4868
thus incurred to the county auditor, who shall draw a warrant  4869
for those expenses upon the county treasurer, to be paid from  4870
the county fund to such persons as are designated by the board.  4871
Upon the death of any indigent veteran residing within the  4872
county at the time of death and the burial of the indigent  4873
veteran or the indigent veteran's cremated or reduced remains,  4874
the board shall make application to the proper authorities,  4875
under the United States government, for a suitable headstone, as  4876
provided by act of congress, and shall cause it to be placed at  4877
the grave of the deceased veteran or the deceased veteran's  4878
cremated remains.  4879
       Section 2. That existing sections 9.15, 313.12, 759.01,  4880
1713.36, 1721.06, 1721.18, 1721.21, 2108.15, 2108.70, 2108.72,  4881
2108.75, 2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87,  4882
2111.13, 2743.51, 2925.01, 3705.01, 3705.18, 3705.19, 3705.20,  4883
4511.451, 4717.01, 4717.03, 4717.04, 4717.06, 4717.07, 4717.08,  4884
4717.11, 4717.13, 4717.14, 4717.15, 4717.20, 4717.21, 4717.22,  4885
4717.23, 4717.24, 4717.25, 4717.26, 4717.27, 4717.28, 4717.29,  4886
4717.30, 4717.36, 4717.41, 4767.02, 4767.05, 5120.45, 5121.11,  4887
5121.53, 5901.25, 5901.26, 5901.27, 5901.29, and 5901.32 of the  4888
Revised Code are hereby repealed.  4889
       Section 3. The General Assembly, applying the principle  4890
stated in division (B) of section 1.52 of the Revised Code that  4891
S. B. No. 323  Page 169
As Introduced
amendments are to be harmonized if reasonably capable of  4892
simultaneous operation, finds that the following sections,  4893
presented in this act as composites of the sections as amended  4894
by the acts indicated, are the resulting versions of the  4895
sections in effect prior to the effective date of the sections  4896
as presented in this act:  4897
       Section 313.12 of the Revised Code as amended by both H.B.  4898
497 and S.B. 196 of the 135th General Assembly.  4899
       Section 2108.82 of the Revised Code as amended by both  4900
S.B. 202 and S.B. 224 of the 134th General Assembly.  4901