Okla. Stat. tit. 36 § 7102

Current through Laws 2024, c. 453.

Section 7102 - Definitions

As used in the Perpetual Care Fund Act:

1. "Cemetery" or "cemeteries" means any land or structure in this state dedicated to or used, or intended to be used, for the interment of human remains;

2. "Burial space" means any grave space, lot, mausoleum crypt or niche, whether above or below ground, which is used or intended to be used for the interment of human remains;

3. "Purchase price" means the gross dollar amount the customer shall pay the cemetery under a contractual agreement between the two to exchange ownership of, or rights to, certain burial spaces. Purchase price shall not include finance charges, sales tax, charges for credit life insurance, opening and closing costs and setting fees, but shall include any amount which the customer is required to pay as a deposit to the Perpetual Care Fund, described in Section 7103 of this title. On sales of burial spaces wherein discounts or free spaces are granted to the customer by the cemetery, the purchase price shall be the fair market value or the normal selling price of that particular type of burial space as sold by the cemetery;

4. "Financial institution" means a federally insured bank or savings and loan authorized to exercise trust powers or a trust company that is authorized to do business in this state;

5. "Income", except as provided in subsection D of Section 7103 of this title, means the return derived from the principal amount, excluding capital gains;

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

7. "Designated agent" means one or more individuals designated by the cemetery owner and whom the owner has acknowledged as having fiduciary responsibilities under the Perpetual Care Fund Act

Okla. Stat. tit. 36, § 7102

Amended by Laws 2016 , c. 118, s. 3, eff. 11/1/2016.

Amended by Laws 2013 , c. 269, s. 17, eff. 11/1/2013.

Added by Laws 1953, HB 989, p. 16, § 2, emerg. eff. 5/19/1953; Amended by Laws 1993, SB 275, c. 218, §1, eff. 9/1/1993; Amended by Laws 2008 , HB 2725, c. 275, §7, emerg. eff. 7/1/2008; Amended by Laws 2010 , SB 2024, c. 58, §2, emerg. eff. 7/1/2010; Renumbered from 8 O.S. §162 by Laws 2010 , SB 2042, c. 58, §27, emerg. eff. 7/1/2010.