Michigan Laws 328.213 – Definitions; B to D
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As used in this act:
(a) “Burial right” means a right of earth interment.
Terms Used In Michigan Laws 328.213
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Casket: means any box or container consisting of 1 or more parts in which a dead human body is placed before interment, entombment, or cremation that may or may not be permanently interred, entombed, or cremated with the dead human body. See Michigan Laws 328.213
- Catafalque: means an ornamental or decorative object or structure placed beneath, over, or around a casket, vault, or a dead human body before final disposition of the dead human body. See Michigan Laws 328.213
- Cemetery: means 1, or a combination of more than 1, of the following:
(i) A burial ground for earth interments. See Michigan Laws 328.213Cemetery services: means cremations, grave openings and closings, and installation of grave memorials. See Michigan Laws 328.213 Columbarium: means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains. See Michigan Laws 328.213 Combination unit: means any product consisting of a unit or a series of units designed or intended to be used together as both a casket and as a permanent burial receptacle. See Michigan Laws 328.213 Contract: A legal written agreement that becomes binding when signed. Crypt: means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person. See Michigan Laws 328.213 Department: means the department of labor and economic growth. See Michigan Laws 328.213 Funds: means all money or other consideration actually received from a contract buyer by a contract seller or provider or an assignee from the contract buyer in connection with any aspect of the sale of a prepaid contract, including finance charges, but does not include late payment penalties, payments required to be made to a governmental agency at the time the contract is entered into, or a commission authorized by section 12(1). See Michigan Laws 328.214 Income: means the money earned by the investment of the principal, including, but not limited to, interest, dividends, and gains or losses on the sale of, deposit of, or exchange of, property using invested principal amounts. See Michigan Laws 328.214 Interment: means the disposition of human remains by earth interment, entombment, or inurnment. See Michigan Laws 328.214 Mausoleum: means a building or other aboveground structure that is affixed to land and is a permanent repository for human remains. See Michigan Laws 328.214 merchandise: means both of the following:
(i) Cemetery burial vaults or other outside containers, grave memorials, and urns. See Michigan Laws 328.214Person: means an individual, group of individuals, sole proprietorship, partnership, limited liability company, association, corporation, government agency, cemetery, or a combination of these legal entities. See Michigan Laws 328.215 Prepaid contract: means a contract requiring payment in advance for funeral or cemetery services or merchandise, physical delivery and retention of which would occur after death under a guaranteed price contract or a nonguaranteed price contract. See Michigan Laws 328.215 Provider: means any person who furnishes or agrees to furnish merchandise or funeral or cemetery services pursuant to a prepaid contract, whether or not that person is the contract seller. See Michigan Laws 328.215
(b) “Casket” means any box or container consisting of 1 or more parts in which a dead human body is placed before interment, entombment, or cremation that may or may not be permanently interred, entombed, or cremated with the dead human body. Casket includes a permanent interment or entombment receptacle designed or intended for use without a vault.
(c) “Catafalque” means an ornamental or decorative object or structure placed beneath, over, or around a casket, vault, or a dead human body before final disposition of the dead human body.
(d) “Cemetery” means 1, or a combination of more than 1, of the following:
(i) A burial ground for earth interments.
(ii) A mausoleum for crypt entombments.
(iii) A crematory for the incineration of human remains.
(iv) A columbarium for the inurnment of cremated remains.
(e) “Cemetery burial vault or other outside container” means a box or container used solely at the place of interment to permanently surround or enclose a casket and to support the earth above the casket after burial. Cemetery burial vault or other outside container does not include a catafalque, a combination unit, or any product designed or intended to be used with a catafalque or combination unit.
(f) “Cemetery merchandise” means merchandise described in section 4(1)(k)(i).
(g) “Cemetery services” means cremations, grave openings and closings, and installation of grave memorials.
(h) “Columbarium” means a building or other aboveground structure that is affixed to land and is a permanent repository for cremated human remains.
(i) “Combination unit” means any product consisting of a unit or a series of units designed or intended to be used together as both a casket and as a permanent burial receptacle.
(j) “Consideration” or “contract price” means money and other property to be paid as total compensation to a contract seller or provider for the funeral or cemetery services or merchandise, or both, to be performed or furnished under a prepaid contract, late payment penalties, payments required to be made to a governmental agency at the time the contract is entered into, and income earned on the funds. Money paid for the services to be performed under a prepaid contract may be paid in a lump sum or in installments.
(k) “Contract beneficiary” means an individual specified or implied in a prepaid contract for whom the funeral or cemetery services or merchandise shall be performed or furnished after death.
(l) “Contract buyer” means an individual, including a contract beneficiary, who purchases merchandise or funeral or cemetery services pursuant to a prepaid contract.
(m) “Contract seller” means a person who sells, makes available, or provides prepaid contracts.
(n) “Crypt” means a chamber in a mausoleum of sufficient size to entomb the uncremated remains of a deceased person.
(o) “Department” means the department of labor and economic growth.