Ohio House Bill 444 -
2020 - “The Omnibus Bill” - Includes Transfer of Cemeteries - per “Ohio
Township News”
Ohio House Bill 444 - General
Assembly 133 – 2020
This proposed Ohio House Bill 444
is referenced in the March/April 2020 “Ohio Township News”, on page 20, under
the Heading of “Legislative Update” - “The Omnibus Bill” by Marisa Myers.
At the time of the magazine’s
publication, the bill has had one hearing in the House State and Local
Government Committee.
There is a listing of 10 issues
that this bill addresses, including:
“Transfer of Cemeteries” which is
summarized on page 20 of the “Ohio Township News”:
“ Townships are required to take
control of cemeteries from religious organizations and cemetery associations
without stipulation. For example, there is no requirement that a church
transfer cemetery records or cemetery funds to the township should they wish to
transfer a cemetery. Furthermore, there is nothing to prevent a cemetery from
being transferred simply because a church or benevolent society wishes to stop
caring for it. This legislation will put some minimum standards in place
regarding the transfer of cemeteries and clarify the process by which an entity
may transfer a cemetery.”
Link below to the Ohio
Legislature - HB 444:
As Introduced
133rd General
Assembly
Regular Session H.
B. No. 444
2019-2020
Representatives
Baldridge, Abrams
Cosponsors:
Representatives Carfagna, Seitz, Lang, Blair, Stoltzfus, Ginter,
Hambley,
Carruthers, Grendell, Swearingen, Stephens, Riedel, Jones, Keller,
Cross, Roemer,
O'Brien, Smith, T., Clites
A BILL
To amend sections
9.65, 165.01, 165.03, 503.07,
505.172, 505.43,
505.86, 505.87, 505.871,
517.27, 715.82,
742.33, 742.34, 3735.27,
4765.43, 5571.16,
5705.19, and 5705.25 of the Revised Code to make
various changes to township law.
BE IT ENACTED BY
THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Sec. 517.27. (A) When a public cemetery in a township
is not under the control of a municipal corporation, and the title or control thereof
is vested in an association or the its board of trustees thereof,
or is vested in a religious society, whether incorporated or not, or in the
its board of trustees thereof, and such cemetery is used exclusively
for cemetery purposes, such association, society, or the board of
trustees thereof may convey such grounds to the board of township trustees and
its successors in office. Subject Except as provided in division (B)
of this section, and subject to the rights of the original grantor, his
the original grantor's heirs or assigns, the board of township
trustees shall accept and take possession of such the
grounds, and take care of, keep in repair, hold, treat, and manage them in all
respects as required by sections 517.01 to 517.32, inclusive, of the Revised
Code.
(B)
A board of township trustees is not required to accept and take possession of
the grounds of a public cemetery, or to take care of, keep in repair, hold,
treat, or manage the grounds as described in division (A) of this section, if,
as a result of the conveyance, any parcel abutting the cemetery grounds or from
which the grounds were partitioned or subdivided satisfies any of the following
conditions :
(1)
The parcel is owned by the association or its trustees or the religious
society that conveyed the cemetery grounds or by an association, its trustees,
or a religious society that is a successor to the association, trustees, or
religious society that conveyed the cemetery grounds.
(2)
Any part of the parcel, including any building or structure situated on the
parcel, is used for social, educational, recreational, or religious activities
of the association or religious society or of an association or religious
society that is a successor to the association ,
trustees, or religious society
that conveyed the cemetery grounds.
(3)
Any part of the parcel, including any building or structure situated on the
parcel, is exempted from property taxation under section 5709.07 or 5709.14 of
the Revised Code, or under division (B)
of section 5709.12 of the Revised Code on the basis of being used by the
association or religious society exclusively for charitable purposes.
(C)
When a cemetery association or religious society conveys a cemetery under
this section, all cemetery records and funds shall be transferred to the
township. Transferred funds shall be used exclusively for cemetery purposes as
set forth in section 1721.06 of the Revised Code and any other similar
provisions of the Revised Code that require funds to be held in trust
for cemetery purposes.
~~~~~~~~~~~~~~~~~
Link below to the CURRENT Ohio
Revised Code 517.27:
“517.27 Transfer of cemeteries to
board of township trustees.”
“When a public cemetery in a
township is not under the control of a municipal corporation, and the title or
control thereof is vested in an association or the trustees thereof, or is
vested in a religious society, whether incorporated or not, or in the trustees
thereof, and such cemetery is used exclusively for cemetery purposes, such
association, society, or the trustees thereof may convey such grounds to the
board of township trustees and its successors in office. Subject to the rights
of the original grantor, his heirs or assigns, the board shall accept and take
possession of such grounds, and take care of, keep in repair, hold, treat, and
manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.”
Effective Date: 10-01-1953 .
