§36-7102. Definitions
373 words·~2 min read·
/ok/title-36-insurance/36-7102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. 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.