Exploring Almost Forgotten Gravesites in the Great State of Ohio

Dedicated to cemetery preservation in the great state of Ohio


"A cemetery may be considered as abandoned when all or practically all of the bodies have been Removed therefrom and no bodies have been buried therein for a great many years, and the cemetery has been so long neglected as entirely to lose its identity as such, and is no longer known, recognized and respected by the public as a cemetery. 1953 OAG 2978."

Showing posts with label HB 168. Show all posts
Showing posts with label HB 168. Show all posts

Saturday, April 10, 2021

"Concern grows over federal funding for Ohio townships" - By J. D. Davidson - "The Center Square" - April 8, 2021

The Ohio Township Association has concerns regarding the state's townships being excluded from federal funding that would come through "The American Rescue Plan". 

Below is an excerpt from a statement by the Ohio Township Association included in the feature story.:

"Townships in Ohio handle road maintenance, cemetery management, police and fire protection, emergency medical services, solid waste disposal and zoning. Throughout Ohio, townships are responsible for maintaining 41,000 miles of road and 2,400 cemeteries."

~*~*~*~*~*~*~*~

All too often cemetery levies fail in Ohio townships.  This happens in large part due to local voters strong position expressed in their comments, and through the ballot box, that the needs of the living should be taken care of first before addressing problems impacting gravesites of long ago ancestors.  County and state governments do not contribute financial assistance for the purposes of continued regular maintenance of township cemeteries.

The Ohio Township Association states that there are 2,400 township cemeteries in Ohio. 

Ohio has cemeteries that come under various categories. Considerable focus needs to be given to the overshadowing inequality existing between the Active – Registered Cemeteries vs. Inactive / Family – Not eligible to be Registered cemeteries.  

For example, Inactive / Family Cemeteries* do not qualify to receive grants that are made available yearly through the passage of HB168 which began in 2019.  Only Active /Not-For-Profit cemeteries qualify for these grants.  Truly, nothing in Ohio HB168 affects Inactive Cemeteries. 

The need is great for preservation / conservation / restoration measures to be taken at Ohio's most vulnerable cemeteries - Ohio's pioneer burial grounds that fall outside of the category of Active and Registered. 

Too much history has been lost already; and gone with it is a diminished respect for community cemeteries that once were often visited and meticulously cared for.  

Emphasizing the fact that an Active Cemetery, and therefore Registered Cemetery, is granted beneficial provisions that are denied to an Inactive or Family Cemetery keeps this issue on the front burner.  An important benefit to lot owners in Active – Registered cemeteries is that the Ohio Cemetery Dispute Resolution Commission accepts and considers cases presented to it regarding cemeteries that are Registered - or should be registered but their registrations have lapsed due to no fault of their own.  

The “OCDRC”, however, will not accept complaints against those responsible for the care of Inactive Cemeteries, including some that are considered to be Abandoned or close to that category, or Family Cemeteries.  Thus, a person or organization with a complaint about a cemetery that is Inactive or a Family Cemetery, truly has little to no hope of gaining resolution because essentially they have hit a brick wall.

With every passing year, more cemeteries are added to the Inactive category in Ohio.  There is enough evidence to prove that many Ohio cemeteries have been in a crisis stage for years.  The number is increasing; and townships hold what is probably more than their share of those cemeteries that fit into the Inactive category.  Indeed, Inactive Cemeteries outnumber Active Cemeteries in many Ohio townships.  

Examples exist where an Ohio township has stubbornly refused for several years to assume responsibility for a cemetery within its boundaries because it already had more cemeteries than it can afford to properly handle.  

The Ohio Township Association should stay on top of this ever growing crisis going on with so many cemeteries that are located in Ohio townships, regardless if they are Active or not.  The "OTA" needs to be an engaged partner with its townships assisting to solve problems - problems impacting Ohio's most vulnerable cemeteries as a priority.  Such a partnership is especially crucial when answers at the local level have been lacking for a long period of time.

*(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

Thursday, October 10, 2019

HB168 - Ohio Cemetery Grant Program - Recipients Listing Released

September 9, 2019: 
From the Ohio Department of Commerce
 Division of Real Estate and Professional Licensing:
"The Division received 143 on-time cemetery grant applications! 
What a tremendous response to the first year of this grant program." 
October 9, 2019:
Sharing a Ohio Department of Commerce 
"News Release"
HB168 Ohio Cemetery Grant Program 
Listing of Recipients for 2020

If you have any questions or require additional assistance, 
please contact the Division at: 
614-466-5384 or 
CemeteryGrants@com.state.oh.us. Complete information and forms can be found at www.com.ohio.gov/real.
 
Please keep in mind that inactive cemeteries with no burials during the prior 25 calendar years, family burial cemeteries, and for-profit cemeteries are not eligible to receive a grant under this program. 

Ohio Administrative Code - 1301:13-7 Eligibility for Grants

Link to Cemetery Grant Forms
Scroll down to find the
 Cemetery Grant Application Instructions
and
The Cemetery Grant Application


From the office of Rep. Dick Stein – House Bill 168 Sponsor:“Each year/ grant cycle, $100k will be transferred from the Division of Cemeteries burial permit fund to the Cemetery Grant Fund. Annual issuance of burial permits exceeds the grant fund amount to ensure its future availability. There is an existing statute that caps distribution of many state grants to 80% of the total fund–this is to account for administering funds and financial market fluctuations. It is possible for leftover monies to carryover to the next grant cycle. We are very happy to see so much interest and hope those projects not funded this round have a future opportunity.”

Friday, August 17, 2018

Revisiting HB 168 - March 29, 2017 - October 29, 2018 when the law becomes effective

One year and seven months will have gone by when HB 168 takes effect! 
The document is 30 pages in length.  
Below are some excerpts from HB 168:
(132nd General Assembly)
(Substitute House Bill Number 168)
AN ACT
To amend sections 1721.21, 1721.211, 4717.03, 4717.13, 4717.14, 4717.36, 4767.01,
4767.02, 4767.03, 4767.04, 4767.05, 4767.06, 4767.07, and 4767.08 and to enact
sections 4767.021, 4767.09, 4767.10, and 4767.11 of the Revised Code to modify duties of the Division of Real Estate in the Department of Commerce regarding cemetery registration, to specify cemetery owners must reasonably maintain
cemeteries, to establish the Cemetery Grant Program, to allow the Board of Embalmers and Funeral Directors to review and vote upon certain license suspensions by telephone, to make various other changes to the embalmers, funeral directors, and crematory licensing laws, and to make an appropriation.

Sec. 4767.10 . (A) The cemetery grant fund is created in the state treasury. The division of real estate in the department of commerce shall deposit into the fund one dollar of each two dollars and fifty cents portion of the burial permit fee received under section 3705.17 of the Revised Code. 
The division shall use moneys in the fund to advance grants to cemeteries registered with the division to defray the costs of exceptional cemetery maintenance or training cemetery personnel in the maintenance and operation of cemeteries. The division may not provide a grant to a corporation or
association that operates a cemetery for profit. In each fiscal year, the division may not advance grants totaling more than eighty per cent of the appropriation to the cemetery grant fund for that fiscal year. The division shall advance grants from the fund in accordance with rules adopted by the Ohio cemetery dispute resolution commission under Chapter 119. of the Revised Code.
(B) The director of commerce may increase, by rule adopted under Chapter 119. of the Revised Code, the amount of total grants the division may advance in a fiscal year if the director  determines the total amount of funds generated exceeds the amount of funds the division needs to carry out its powers and duties under this section. If the director determines the increased amount depletes the amount of funds the division needs to carry out its powers and duties under this section,
the director may decrease the amount not below the amount specified in division (A) of this section.
Sec. 4767.11 . Upon receipt of information that the owner or person responsible for the operation of a registered cemetery or a cemetery that was required to be registered has ceased operation of that cemetery, the division of real estate in the department of commerce may investigate for purposes of determining the cemetery's current status.
If the division finds evidence that the cemetery has ceased operation and a municipal corporation or township has not assumed day-to-day management of the cemetery, the division may apply to the court of common pleas of the county in which the cemetery is located for appointment of a temporary receiver or trustee. 
The order appointing the temporary receiver or trustee shall order the trustee or trustees of the endowment care trust of the cemetery to make distributions to the receiver or trustee in accordance with section 1721.21 of the Revised Code.
The receiver shall only be paid from the income of interest and dividends in the endowment
care trust being held pursuant to section 1721.21 of the Revised Code. 

The receiver may not invade the principal or capital gains of the trust.
SECTION 2. 
That existing sections 1721.21, 1721.211, 4717.03, 4717.13, 4717.14, 4717.36,
4767.01, 4767.02, 4767.03, 4767.04, 4767.05, 4767.06, 4767.07, and 4767.08 of the Revised Code are hereby repealed.
SECTION 3. 
All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all appropriations made in this act, those in the first column are for fiscal year 2018 and those in the second column are for fiscal year 2019.
The appropriations made in this act are in addition to any other appropriations made for the FY 2018-FY 2019 biennium.
COM DEPARTMENT OF COMMERCE
Dedicated Purpose Fund Group

5SE0 800648 Cemetery Grant Program 
$100,000 $0
TOTAL DPF Dedicated Purpose Fund Group $100,000 $0
TOTAL ALL BUDGET FUND GROUPS
$100,000 $0
CEMETERY GRANT PROGRAM
The foregoing appropriation item 800648, Cemetery Grant Program, shall be used by the Department of Commerce to award grants under section 4767.10 of the Revised Code.
SECTION 4. 
Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act,
and shall determine the form and manner in which appropriation accounts shall be maintained.

Expenditures from appropriations contained in this act shall be accounted for as though made in H.B. 49 of the 132nd General Assembly.
The appropriations made in this act are subject to all provisions of H.B. 49 of the 132nd General Assembly that are generally applicable to such appropriations.

**By the way HB 49 is 3,384 pages long! **
 
 
 
For those of us who have concerns about inactive (no burials in the past 25 calendar years) or family cemeteries, sadly nothing has changed meaning nothing has improved legislative-wise through the provisions provided in HB 168 that would benefit these types of cemeteries -- where probably most of our ancestors are buried!
(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family
cemetery or a cemetery in which there have been no interments during the previous twenty-five
calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.

Sunday, January 28, 2018

House Bill 168 to Modify Ohio Cemetery Law will be on the Agenda for a Proponent Hearing on Tuesday, January 30, 2018 by the Ohio Senate Finance Committee at 2:30PM in the Ohio Senate Finance Hearing Room

The hearing for proponent testimonies regarding HB 168 to modify cemetery law will be on Tuesday, January 30th at 2:30 PM in the Senate Finance Hearing Room.

Please see the information below for how to submit your written testimony on behalf of the passage of Ohio HB/SB 168 to Modify Cemetery Law and the witness form that needs to be completed and sent along with it to the email address provided in the communication, if you are not attending the event in person.

**** Note, if not attending in person -- the proponent testimony deadline is Monday, January 29th by 2:30p.m., and testimony is submitted in writing to:


Allie Harris at her email address provided below.

Also, a completed witness slip needs to be emailed as well with the testimony as a proponent for HB 168.

A copy of a blank witness slip is provided below that can be completed, scanned, and attached in an email with a proponent testimony..:

~~~~~~~~~~~~
From:


Allie Harris
Legislative Aide
Ohio Senator Scott Oelslager | 29th District
The Ohio Statehouse
Allie.Harris@OhioSenate.gov
Phone: 614.466.0626


~~~~~~~~~~~~


"We will be hearing proponent testimony regarding HB 168 during committee on Tuesday, January 30th at 2:30 PM in the Senate Finance Hearing Room.

You are more than welcome to submit written testimony and/or present oral testimony in person during committee.

In case you would like to submit testimony, I’ve attached to this email a copy of the Finance Committee Witness Slip, which needs to be filled out and returned with your testimony.

If you wish to submit written testimony, it needs to be sent to me (allie.harris@ohiosenate.gov) by 2:30 PM on Monday, January 29th, along with the completed witness slip.

If you have any questions, please don’t hesitate to give me a call at 614-466-0626, or email at allie.harris@ohiosenate.gov

I would be more than happy to walk you through the submission process if you need guidance, or if you have any questions regarding Finance Committee."



Thanks,

Allie Harris
Legislative Aide
Ohio Senator Scott Oelslager | 29th District
The Ohio Statehouse
Allie.Harris@OhioSenate.gov
Phone: 614.466.0626

Summary (2017-11-15) Modify cemetery law [Refer to Committee: Finance]

Wednesday, October 25, 2017

Ohio House Bill 168 Has Passed and is Headed for the Ohio Senate -- Progress Made for some of Ohio's Cemeteries!


Sharing some links regarding Ohio House Bill 168 which just passed and is now headed to the Ohio Senate for review and hopefully will gain passage as well.   

And,


Sadly, even active (current burial) cemeteries can become victims; victims of their owners who abandon them, which should be unheard of. 


 Fairview Memorial Park in Delaware County and Grandview Memorial Park, Ravenna, in Portage County, Ohio have lacked proper ownership for quite some time due to their owners becoming involved with criminal activity. 
Also, there are two cemeteries in southern Ohio where the owners fled the state: Floral Hills Memory Gardens, Circleville in Pickaway County; and Floral Hills Memory Gardens in Chillicothe, in Ross County
Volunteers are often the ones who are left behind to care for these "orphaned cemeteries" while they await new owners, which can be a long time coming. These are cemeteries that have current and future burials; yet no one to maintain their grounds and gravesites or their records.
Hopefully, House Bill 168 will also pass the Ohio Senate as it is the best legislation put forth to address these issues, and deserves to be enacted to save any other cemeteries that one day may be faced with such an unfortunate fate. 

Thursday, May 18, 2017

May 23, 2017 - Next Meeting to Hear Testimonies for HB 168


ANNOUNCEMENT OF COMMITTEE MEETING

COMMITTEE: State and Local Government

CHAIR: Marlene Anielski

DATE: Tuesday, May 23, 2017

TIME: 10:00 AM

ROOM: Room 116

H. B. No. 168

Rep. Stein Modify cemetery law 3rd Hearing

Poss. Vote

Prop/Opp/IP

***The Chair requests that all testimony be submitted to her office 24 hours in advance of committee****
  
Will London
Office of Representative Marlene Anielski, House District 6
Ohio House of Representatives
77 S High St, 12th Floor
Columbus, Ohio 43215
(614) 644-6041
William.london@ohiohouse.gov