2005 Idaho Code - 54-1131 — DEFINITIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    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.