Oklahoma § 36-7102 - Definitions

§ 36-7102. 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;

Oklahoma Statutes - Title 36. Insurance

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.

Added by Laws 1953, p. 16, § 2, emerg. eff. May 19, 1953. Amended

by Laws 1993, c. 218, § 1, eff. Sept. 1, 1993; Laws 2008, c. 275, §

7, eff. July 1, 2008; Laws 2010, c. 58, § 2, eff. July 1, 2010.

Renumbered from § 162 of Title 8 by Laws 2010, c. 58, § 27, eff.

July 1, 2010. Amended by Laws 2013, c. 269, § 17, eff. Nov. 1,

2013; Laws 2016, c. 118, § 3, eff. Nov. 1, 2016.