07/23/2014

Legislative Update

by John T. McGough

As presented at the July 23, 2014 Board Meeting

OFDA successfully passes legislation to clarify Ohio Courtesy Card law 

A provision in H.B. 481 that went into effect on March 22, 2013 authorized funeral directors from bordering states that have enacted a similar law, to obtain a Courtesy Card Permit that allows them to cross a state border into Ohio for the limited purposes of body removal, filing death certificates, and supervising funerals and interments.

In mid-April of this year, the OFDA became aware that funeral directors from Kentucky had been attempting to apply for a courtesy card permit in Ohio and the Ohio Embalmers and Funeral Directors Board was refusing to approve the permits under the belief that Ohio’s courtesy card permit language is unclear and may require out of state funeral directors to meet additional Ohio licensure requirements.  This was never intended and the State Board agreed, but they thought the law needed to be clarified. 

In response, OFDA prepared legislative language to make it clear that a Courtesy Card Permit is not a license under Ohio law so the State Board can start approving courtesy card permit applications as was originally intended by H.B. 481. 

Since the Legislature was going to go into recess in early June until after the November election (with maybe only a few session days in between) the OFDA worked successfully to include the clarifying courtesy card permit language as an amendment into H.B. 483 which was budget-related legislation that had passed the House and was having hearings in the Senate Finance Committee. The sponsor of our amendment was Senator Tom Patton who is the Senate Majority Floor Leader and a member of the Senate Finance Committee. Governor Kasich signed H.B. 483 into Ohio law on June 16, 2014.

Cemetery-related Legislation 

A couple of weeks ago, Representative Anne Gonzales (R-Westerville) held an interested party meeting related to drafting legislation to assist townships who have acquired old, abandoned cemeteries. The principal issue the legislation is to address is to provide a legal path for cemeteries to be able to resell old cemetery lots that have been previously deeded.  Current Ohio law establishes such a path for cemeteries to reclaim and resell cemetery lots sold on or after July 24, 1986. The goal of the legislation would be to establish a better process for abandoned cemetery lot resells whether they were originally sold prior to or after 1986. The thought is to establish a process to go into probate court to get the courts approval.  This issue was discussed in an Ohio Township Association (OTA) document that was presented to the Ohio Cemetery Law Task Force.  The draft legislation is not available yet, but OFDA will review and comment on the draft as soon as it’s available. 

The other issue that was raised by the OTA related to the lack of dollars available to townships to maintain township cemeteries. The OTA mentioned the 50% reduction in the Local Government Fund, elimination of the estate tax, and the phase-out of the tangible personal property tax, and the fact that in November 2013, there were 58 cemetery funding levies on the ballot across Ohio as evidence that their funding sources are declining. Based on these facts, the OTA is recommending that Ohio law be changed to allow townships to be permitted to sell headstones and vaults to be used to ensure the perpetual care of a cemetery. Municipalities are already authorized under Ohio law to sell these goods.

H.B. 95 – Stillbirth Certificates

(Effective June 6, 2014)  

H.B. 95 makes slight changes to current law relating to stillbirths. First, it retains the right of a parent to request the issuance of a certificate that recognizes the delivery of a stillborn infant but the law now prohibits the certificate from containing the word “stillborn” or “stillbirth”.

The law also requires that when a burial permit is issued “for the product of human conception of at least 20 weeks of gestation that suffers a fetal death, the local health department registrar shall inform the parent(s) listed on the death certificate, or provisional death certificate of the option of applying for a certificate that recognizes the delivery of a stillborn infant.

Burial of Veterans Unclaimed Remains

In 2010, legislation (SB 147) that was supported by OFDA passed into Ohio law. The law generally is complementary to federal law relating to the right of veterans unclaimed remains to be buried in a national cemetery. A few months ago Representative Anne Gonzales approached OFDA about how funeral homes could work closer with veterans’ organizations who have stated that some funeral homes have been resistant to efforts of veterans groups appearing at funeral homes to claim a veterans remains for burial.

OFDA explained to Representative Gonzales that OFDA is willing to work with her on this issue, but burial of unclaimed remains has to be done in accordance with federal law. OFDA prepared draft legislative language consistent with federal law which authorizes organizations listed in the most recent Directory of Veterans Affairs Organizations to carry out the disposition with an Ohio funeral home. This language makes it very easy for a funeral home to verify whether an organization that claims to be a veterans service organization qualifies under Ohio law.

Representative Gonzales has decided not to pursue the legislation at this time so OFDA will keep you advised if this issue resurfaces again.