54-1131. DEFINITIONS. As used in sections 54-1132 through 54-1143, Idaho Code:

(1) "Beneficiary" means the person who is to receive the funeral or cemetery merchandise or funeral or cemetery services.

(2) "Certified person or seller" means any person holding a certificate of registration or who is registered to sell or offer for sale prearrangement sales contracts.

(3) "Funeral or cemetery merchandise" means personal property normally and customarily sold by funeral establishments, cemeteries, and crematory establishments including, but not limited to, caskets or other primary containers, burial vaults, casket-vaults, grave liners, funeral clothing or accessories, monuments, grave markers and cremation urns. It shall include:

(a) Merchandise identified for the purchaser or the beneficiary to be manufactured for future delivery and use.

(b) Merchandise that has been manufactured and held by the manufacturer for future delivery and use.

(c) Merchandise that has been manufactured and delivered to and in the possession of the seller, who has placed it, until needed, in storage.

(4) "Funeral or cemetery services" means those services normally and customarily performed by a funeral service practitioner, mortician, funeral establishment, cemetery or crematory establishment in conjunction with funeral or memorial services, interment, entombment or cremation.

(5) "Guaranteed contract" means a written prearrangement sales contract that guarantees the beneficiary funeral or cemetery services or funeral or cemetery merchandise contained in the contract and under which no charges other than the sales price contained in the contract shall be required upon delivery of the merchandise or performance of the funeral and cemetery services.

(6) "Nonguaranteed contract" means a written prearrangement sales contract that does not guarantee the beneficiary any specific funeral or cemetery merchandise or services. Any funds paid under this contract are only a deposit to be applied toward the final cost of the funeral or cemetery merchandise or services.

(7) "Prepaid prearrangement sale or prearrangement sales contract" means any sale, other than a contract of life insurance entered into by an insurance company, that has as its purpose the furnishing of funeral or cemetery merchandise or funeral or cemetery services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time.

(8) "Primary container" means a casket, rental casket, casket-vault, chapel-vault or other container that serves as the repository for dead human remains.

(9) "Public cemetery" means a cemetery owned and operated by a cemetery district organized under Idaho law, or by a municipal corporation or political subdivision of the state of Idaho.

(10) "Purchaser" means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract with a certified person under which any payment or payments made under the contract are required to be deposited in trust.

(11) "Secondary container" means a vault, grave liner, urn or other container purchased by the buyer for a burial or required by the cemetery that will be the repository for the primary container.

(12) "Trustee" means any bank, trust company or savings institution authorized to do business in the state of Idaho where accounts are insured with the federal deposit insurance corporation, the federal savings and loan insurance corporation or other similar agency of the United States government.

History:

[54-1131, added 1989, ch. 138, sec. 2, p. 312; am. 1994, ch. 105, sec. 6, p. 236; am. 2003, ch. 257, sec. 17, p. 676.]