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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 128 By: Rogers
AS INTRODUCED
An Act relating to Cemetery Merchandise Trust Act;
amending 36 O.S. 2021, Section 7122 , which relates to
definitions; modifying definitions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Se ction 7122, is
amended to read as foll ows:
Section 7122. As used in the Cemetery Merchan dise Trust Act:
1. “Cemetery merchandise ” means markers, memorials, vases,
memorial vases, monuments, equipment, crypts, and niches or outer
enclosures. Cemetery merchandise shall not include the sale o f
lands or interests therein as grave lots or grave spaces; burial or
interment rights; and delivered or installed crypts , or niches or
outer enclosures;
2. “Purchase price” means the gross net amount to be paid for
cemetery merchandise under the provision s of a prepaid cemetery
merchandise contract. Purc hase price shall not include finance
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charges, sales tax, cha rges for real property in terests, or charges
for credit life insurance , or perpetual care fees ;
3. “Prepaid cemetery merchandise contract ” means any agreement
for the sale of cemetery merchandise by an organization which
requires payment of the purchase pr ice, 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 t he
purchase price equal to one hundred ten percent (110%) one hundred
percent (100%) of the wholesale cost, plus delivery charges, of the
cemetery merchandise covered i n a prepaid cemetery merchandise
contract;
5. “Organization” means any individual, firm , partnership,
trust, corporation, association or entity. Or ganization shall not
include state, county, municipal, township, rural community,
religious, fraternal or n onprofit entities, free community bur ial
grounds, county cemetery associations, Indian t ribal cemeteries on
tribal land and charitable or eleemosynar y 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;
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8. 7. “Financial institution” means a federally insured bank,
trust company, or savings and lo an association which is authorized
to do business in this state;
9. 8. “Commissioner” or “Insurance Commissioner” means the
Insurance Commissioner of the State of Oklahoma ; and
10. 9. “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.
SECTION 2. This act shall become effective November 1, 2023.
59-1-187 RD 1/4/2023 11:20:35 AM