Ohio Passes Legislation on Improvements to Right of Disposition > National Funeral Directors Association (NFDA)
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Ohio Passes Legislation on Improvements to Right of Disposition

July 19, 2022

The Ohio Funeral Directors Associationsuccessfully completed a three-year journey to pass Senate Bill 224 on June 14. The bill, which encountered opposition from for-profit cemeteries, added several improvements to Ohio’s preneed, right of disposition and cremation laws. It also included OFDA’s wish list of statutory changes, ranging from allowing purple strobe lights on hearses and eliminating outdated signage requirements for funeral homes and crematories to reducing crematory recordkeeping obligations.

During SB 224’s lengthy trip through the legislative process, the Ohio Unclaimed Funds Division proposed amendments to the preneed law that would have required Ohio funeral homes to confirm that any preneed consumer who reached 90 years of age was still alive. That practice would then have to be repeated when the consumer reached 95 years of age. If confirmation was not made, the preneed funds held for that consumer would be forfeited to the Unclaimed Funds Division. Fortunately, OFDA was successful in convincing lawmakers to modify that requirement, so it only applies to preneed consumers who reach 105 years of age.

Improvements in Ohio’s right of disposition statute, which is based on NFDA’s model law, included adding a waiver provision if the person holding the right does not exercise it within 72 hours of the time of death, regardless of whether the person is aware of the death or not. Additionally, a person holding the right of disposition now forfeits the right if they are not willing to assume financial responsibility for the funeral and disposition costs. These and the other improvements in SB 224 will make life a little easier for funeral directors in the Buckeye State. ofdaonline.org

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