Okla. Stat. tit. 36 § 7122

Current through Laws 2024, c. 453.

Section 7122 - Definitions

As used in the Cemetery Merchandise Trust Act:

1. "Cemetery merchandise" means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave spaces; burial or interment rights; and delivered or installed crypts, niches or outer enclosures;

2. "Purchase price" means the gross amount to be paid for cemetery merchandise under the provisions of a prepaid cemetery merchandise contract. Purchase price shall not include finance charges, sales tax, charges for real property interests or charges for credit life insurance;

3. "Prepaid cemetery merchandise contract" means any agreement for the sale of cemetery merchandise by an organization which requires payment of the purchase price, in whole or in part, prior to delivery of the cemetery merchandise, which agreement is entered into from and after November 1, 1989;

4. "Minimum funding requirement" means that portion of the purchase price equal to one hundred ten percent (110%) of the wholesale cost, plus delivery charges, of the cemetery merchandise covered in a prepaid cemetery merchandise contract;

5. "Organization" means any individual, firm, partnership, trust, corporation, association or entity. Organization shall not include state, county, municipal, township, rural community, religious, fraternal or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state;

6. "Outer enclosure" means a grave liner, grave box, or grave vault;

7. "Lawn crypt" means a subsurface permanent outer enclosure installed before need in multiple units for the purpose of interring human remains;

8. "Financial institution" means a federally insured bank, trust company, or savings and loan association which is authorized to do business in this state;

9. "Commissioner" or "Insurance Commissioner" means the Insurance Commissioner of the State of Oklahoma; and

10. "Wholesale cost" means an amount determined on the basis of such standard quotations and price lists as are published by the vendor of the cemetery merchandise, without regard to any discounts that may be available to the organization.

Okla. Stat. tit. 36, § 7122

Added by Laws 1989, SB 155, c. 297, § 18, eff. 11/1/1989; Amended by Laws 1993, SB 275, c. 218, § 7, eff. 9/1/1993; Amended by Laws 1994, HB 2183, c. 98, §1, eff. 9/1/1994; Amended by Laws 1995, HB 1951, c. 82, § 4, eff. 11/1/1995; Amended by Laws 2009 , HB 1618, c. 3, §5, emerg. eff. 7/1/2009; Amended by Laws 2010 , SB 2042, c. 58, §12, emerg. eff. 7/1/2010; Renumbered from 8 O.S. §302 by Laws 2010 , SB 2042, c. 58, §39, emerg. eff. 7/1/2010.