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S.B. 91 Enrolled
This act modifies the Occupations and Professions Code by repealing the provisions of
the Funeral Services Licensing Act and the Preneed Funeral Arrangement Act. The act
enacts the provisions of those two acts within the Funeral Services Licensing Act. The act
alters the membership of the Board of Funeral Service. The act eliminates the Preneed
Funeral Arrangement Licensing Board and transfers the duties and responsibilities to the
Board of Funeral Service. The act enacts provisions prohibiting a convicted felon from
holding certain licenses. The act enacts endorsement requirements for individuals
licensed in another jurisdiction. The act enacts provisions prohibiting solicitation of
funeral services or merchandise after a person's death. The act establishes criminal
penalties for certain violations. The act enacts provisions dealing with the right and duty
to control the disposition of a deceased person. The act modifies the Utah Health Code
and the Utah Uniform Probate Code to provide cross-references to the Funeral Services
Licensing Act. The act makes technical changes. The act provides a coordination clause.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-2-18, as last amended by Chapter 86, Laws of Utah 2000
26-4-16, as enacted by Chapter 126, Laws of Utah 1981
63-55-258, as last amended by Chapter 49, Laws of Utah 2002
75-1-107, as repealed and reenacted by Chapter 39, Laws of Utah 1998
75-1-201, as last amended by Chapter 142, Laws of Utah 1999
ENACTS:
58-9-101, Utah Code Annotated 1953
58-9-102, Utah Code Annotated 1953
58-9-201, Utah Code Annotated 1953
58-9-301, Utah Code Annotated 1953
58-9-302, Utah Code Annotated 1953
58-9-303, Utah Code Annotated 1953
58-9-304, Utah Code Annotated 1953
58-9-305, Utah Code Annotated 1953
58-9-306, Utah Code Annotated 1953
58-9-307, Utah Code Annotated 1953
58-9-401, Utah Code Annotated 1953
58-9-501, Utah Code Annotated 1953
58-9-502, Utah Code Annotated 1953
58-9-503, Utah Code Annotated 1953
58-9-504, Utah Code Annotated 1953
58-9-505, Utah Code Annotated 1953
58-9-506, Utah Code Annotated 1953
58-9-601, Utah Code Annotated 1953
58-9-602, Utah Code Annotated 1953
58-9-603, Utah Code Annotated 1953
58-9-604, Utah Code Annotated 1953
58-9-701, Utah Code Annotated 1953
58-9-702, Utah Code Annotated 1953
58-9-703, Utah Code Annotated 1953
58-9-704, Utah Code Annotated 1953
58-9-705, Utah Code Annotated 1953
58-9-706, Utah Code Annotated 1953
58-9-707, Utah Code Annotated 1953
58-9-708, Utah Code Annotated 1953
REPEALS:
58-9-1, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-2, as last amended by Chapter 297, Laws of Utah 1993
58-9-3, as last amended by Chapter 297, Laws of Utah 1993
58-9-4, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-9-5, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-9-6, as last amended by Chapter 313, Laws of Utah 1994
58-9-7, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-9-8, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-9, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-10, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-11, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-12, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-9-13, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-9-15, as repealed and reenacted by Chapter 250, Laws of Utah 1991
58-58-1, as enacted by Chapter 261, Laws of Utah 1991
58-58-2, as last amended by Chapter 297, Laws of Utah 1993
58-58-3, as last amended by Chapter 3, Laws of Utah 1996
58-58-4, as last amended by Chapter 297, Laws of Utah 1993
58-58-5, as last amended by Chapter 313, Laws of Utah 1994
58-58-6, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-58-7, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-58-8, as enacted by Chapter 261, Laws of Utah 1991
58-58-9, as enacted by Chapter 261, Laws of Utah 1991
58-58-10, as enacted by Chapter 261, Laws of Utah 1991
58-58-11, as enacted by Chapter 261, Laws of Utah 1991
58-58-12, as enacted by Chapter 261, Laws of Utah 1991
58-58-13, as enacted by Chapter 261, Laws of Utah 1991
58-58-14, as enacted by Chapter 261, Laws of Utah 1991
58-58-15, as enacted by Chapter 261, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-2-18 is amended to read:
26-2-18. Interments -- Duties of sexton or person in charge -- Record of interments
-- Information filed with local registrar.
(1) (a) A sexton or person in charge of any premises in which interments are made may
not inter or permit the interment of any dead body or dead fetus unless the interment is made by a
funeral director licensed under Title 58, Chapter 9, Funeral Services Licensing Act, or by a
person holding a burial-transit permit.
(b) The right and duty to control the disposition of a deceased person shall be governed
by Sections 58-9-601 through 58-9-604 .
(2) The sexton or the person in charge of any premises where interments are made shall
keep a record of all interments made in the premises under his charge, stating the name of the
decedent, place of death, date of burial, and name and address of the funeral director or other
person making the interment. This record shall be open to public inspection. A city or county
clerk may, at the clerk's option, maintain the interment records on behalf of the sexton or person
in charge of any premises in which interments are made.
(3) Not later than the tenth day of each month, the sexton, person in charge of the
premises, or city or county clerk who maintains the interment records shall send to the local
registrar and the department a list of all interments made in the premises during the preceding
month. The list shall be in the form prescribed by the state registrar.
Section 2. Section 26-4-16 is amended to read:
26-4-16. Release of body for funeral preparations.
(1) Where a body is held for investigation or autopsy under the provisions of this chapter
or for any medical investigation permitted by law, the body shall, if requested by [
person given priority under Section 58-9-602 , be released for funeral preparations no later than
24 hours after the arrival at the office of the medical examiner or regional medical facility. An
extension may be ordered only by a district court.
(2) The right and duty to control the disposition of a deceased person shall be governed
by Sections 58-9-601 through 58-9-604 .
Section 3. Section 58-9-101 is enacted to read:
58-9-101. Title.
This chapter is known as the "Funeral Services Licensing Act."
Section 4. Section 58-9-102 is enacted to read:
58-9-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Beneficiary" means the individual who, at the time of the beneficiary's death, is to
receive the benefit of the property and services purchased under a preneed funeral arrangement.
(2) "Board" means the Board of Funeral Service created in Section 58-9-201 .
(3) "Buyer" means any person who purchases a preneed funeral arrangement.
(4) "Calcination" means a process in which a dead human body is reduced by intense
heat to a residue that is not as substantive as the residue that follows cremation.
(5) "Cremation" means the reduction of a dead human body by direct flame to residue
that includes bone fragments.
(6) "Direct disposition" means the disposition of a dead human body:
(a) as quickly as law allows;
(b) without preparation of the body by embalming; and
(c) without any attendant funeral service or graveside service.
(7) "Disposition" means the final disposal of a dead human body by:
(a) earth interment;
(b) above ground burial;
(c) cremation;
(d) calcination;
(e) burial at sea;
(f) delivery to a medical institution; or
(g) other lawful means.
(8) "Embalming" means replacing body fluids in a dead human body with preserving and
disinfecting chemicals.
(9) "Funeral establishment" means a place established for any of the following purposes
in connection with a dead human body:
(a) custody;
(b) shelter;
(c) care;
(d) preparation;
(e) disposition; or
(f) other services.
(10) (a) "Funeral merchandise" means any of the following into which a dead human
body is placed in connection with the transportation or disposition of the body:
(i) vaults;
(ii) caskets; or
(iii) other personal property.
(b) "Funeral merchandise" does not include:
(i) mausoleum crypts;
(ii) interment receptacles preset in a cemetery; or
(iii) columbarium niches.
(11) "Funeral service" means any service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) with the body of the deceased present.
(12) "Funeral service apprentice" means an individual licensed under this chapter who is
permitted to:
(a) assist a funeral service director in the embalming or other preparation of a dead
human body for deposition;
(b) assist a funeral service director in the cremation, calcination, or pulverization of a
dead human body or its remains; and
(c) perform other funeral service activities under supervision of a funeral service director.
(13) "Funeral service director" means an individual licensed under this chapter who may
engage in all lawful professional activities regulated and defined under the practice of funeral
service.
(14) "Graveside service" means a funeral service held at the location of disposition.
(15) "Memorial service" means any service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) without the body of the deceased present.
(16) "Practice of funeral service" means:
(a) supervising the receipt of custody and transportation of a dead human body to prepare
the body for:
(i) disposition; or
(ii) shipment to another location;
(b) entering into a contract with any person to provide professional services regulated
under this chapter;
(c) embalming or otherwise preparing a dead human body for disposition;
(d) supervising the arrangement or conduct of any of the following:
(i) a funeral service;
(ii) a graveside service; or
(iii) a memorial service;
(e) cremation, calcination, or pulverization of a dead human body or the body's remains;
(f) supervising the arrangement of:
(i) a disposition; or
(ii) a direct disposition;
(g) facilitating:
(i) a disposition; or
(ii) a direct disposition;
(h) supervising sales of funeral merchandise by a funeral establishment;
(i) managing or otherwise being responsible for the practice of funeral service in a
licensed funeral establishment;
(j) supervising the sale of a preneed funeral arrangement; and
(k) contracting with or employing individuals to sell a preneed funeral arrangement.
(17) (a) "Preneed funeral arrangement" means any written or oral agreement sold in
advance of the death of the beneficiary under which a person agrees with a buyer to provide at
the death of the beneficiary any of the following as are typically provided in connection with a
disposition:
(i) goods;
(ii) services, including:
(A) embalming services; and
(B) funeral directing services;
(iii) real property; or
(iv) personal property, including:
(A) caskets;
(B) other primary containers;
(C) cremation or transportation containers;
(D) outer burial containers;
(E) vaults;
(F) grave liners;
(G) funeral clothing and accessories;
(H) monuments;
(I) grave markers; and
(J) cremation urns.
(b) "Preneed funeral arrangement" does not include a policy or product of life insurance
providing a death benefit cash payment upon the death of the beneficiary which is not limited to
providing the products or services described in Subsection (17)(a).
(18) "Provider" means a licensed funeral establishment that furnishes or will furnish the
services or property purchased under a preneed funeral arrangement.
(19) "Pulverization" means a grinding process that reduces the residue of a cremation or
calcination into a powdery substance.
(20) "Sales agent" means an individual licensed under this chapter as a preneed funeral
arrangement sales agent.
(21) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-9-501 .
(22) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-9-502 .
Section 5. Section 58-9-201 is enacted to read:
58-9-201. Board.
(1) There is created the Board of Funeral Service consisting of:
(a) three funeral service directors who own or have an ownership interest in a funeral
establishment, at least two of which are preened funeral arrangement providers;
(b) one preneed funeral arrangement sales agent, who does not have an ownership
interest in a funeral service establishment;
(c) one owner or officer of an endowment care cemetery; and
(d) two members from the general public who have no association with the funeral
service profession.
(2) The board shall be appointed and serve in accordance with Section 58-1-201 .
(3) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202 and 58-1-203 . In addition, the board shall designate one of its members on a
permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised the
division in its investigation may be disqualified from participating with the board when the board
serves as a presiding officer of an administrative proceeding concerning the complaint.
Section 6. Section 58-9-301 is enacted to read:
58-9-301. Licensure required -- License classifications.
(1) A license is required to engage in the practice of funeral service, except as
specifically provided in Sections 58-1-307 and 58-9-305 .
(2) The division shall issue to a person who qualifies under this chapter a license in the
classification of:
(a) funeral service director;
(b) funeral service apprentice;
(c) funeral service establishment;
(d) preneed funeral arrangement provider; or
(e) preneed funeral arrangement sales agent.
Section 7. Section 58-9-302 is enacted to read:
58-9-302. Qualifications for licensure.
(1) Each applicant for licensure as a funeral service director shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a funeral
service director is considered by the division and the board to indicate that the best interests of
the public are not served by granting the applicant a license;
(d) have completed a high school education or its equivalent;
(e) have obtained an associate degree, or its equivalent, in mortuary science from a
school of funeral service accredited by the American Board of Funeral Service Education or
other accrediting body recognized by the U.S. Department of Education;
(f) have completed not less than 2,000 hours and 50 embalmings, over a period of not
less than one year, of satisfactory performance in training as a licensed funeral service apprentice
under the supervision of a licensed funeral service director; and
(g) have successfully completed examinations approved by the division in collaboration
with the board.
(2) Each applicant for licensure as a funeral service apprentice shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a funeral
service apprentice is considered by the division and the board to indicate that the best interests of
the public are not served by granting the applicant a license;
(d) have completed a high school education or its equivalent; and
(e) have successfully completed an examination testing the applicant's knowledge of the
law and rules made under this chapter.
(3) Each applicant for licensure as a funeral service establishment shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63-38-3.2 ;
(c) have in place and maintain at all times a licensed funeral service director responsible
for the operation of the funeral service establishment as the sole proprietor, a managing general
partner, or an officer of a corporation or other business entity; and
(d) if it is the intention of the funeral service establishment to sell preneed funeral
arrangements, file with the division an application for a license to sell preneed funeral
arrangements.
(4) Each applicant for licensure as a preneed funeral arrangement provider shall:
(a) submit an application in a form provided by the division;
(b) pay a fee as determined by the department under Section 63-38-3.2 ;
(c) be licensed in the state as a funeral service establishment;
(d) be free of activities or conduct which, when considered with the responsibilities of a
licensee and the public interest, is a threat to the public health, safety, or welfare;
(e) file with the completed application a copy of each form of contract or agreement the
applicant will use in the sale of preneed funeral arrangements; and
(f) provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in
part by an insurance policy or product to be sold by the provider or the provider's sales agent.
(5) Each applicant for licensure as a preneed funeral arrangement sales agent shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee as determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of a
preneed funeral sales agent is considered by the division and the board to indicate that the best
interests of the public are not served by granting the applicant a license;
(d) be a high school graduate or have obtained a certificate of equivalency approved by
the division;
(e) pass an examination approved by the division in collaboration with the board;
(f) provide evidence that the applicant will be associated with a licensed preneed funeral
arrangement provider upon issuance of a license under terms acceptable to the division; and
(g) provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in whole or in
part by an insurance policy or product.
Section 8. Section 58-9-303 is enacted to read:
58-9-303. Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by
as much as one year to stagger the renewal cycles it administers.
(2) Notwithstanding Subsection (1), a person who has once held a license as a funeral
service apprentice and has not qualified for licensure as a funeral service director may be issued a
subsequent funeral service apprentice license for only one additional two-year term upon the
specific approval of the division in collaboration with the board.
(3) At the time of renewal, the licensee shall show satisfactory evidence of completion of
continuing education as required under Section 58-9-304 .
(4) Each license automatically expires on the expiration date shown on the license unless
the licensee renews it in accordance with Section 58-1-308 .
Section 9. Section 58-9-304 is enacted to read:
58-9-304. Continuing education.
(1) As a condition precedent for license renewal, each funeral service director shall,
during each two-year licensure cycle or other cycle defined by rule, complete 20 hours of
qualified continuing professional education in accordance with standards defined by rule.
(2) If a renewal cycle is extended or shortened under Section 58-9-303 , the continuing
education hours required for license renewal under this section shall be increased or decreased
proportionally.
Section 10. Section 58-9-305 is enacted to read:
58-9-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , a person may engage in
the following acts included within the definition of the practice of funeral service, subject to the
stated circumstances and limitations, without being licensed under this chapter:
(1) transportation of a dead human body in accordance with other applicable state and
federal laws;
(2) ambulance or other emergency transportation of a dead human body;
(3) the sale of any of the following that is delivered to the buyer or the buyer's designee
within 90 days after the day of the sale:
(a) funeral merchandise;
(b) headstones; or
(c) other memorial merchandise;
(4) the performance of funeral, graveside, or memorial services by:
(a) a member of the clergy;
(b) a member of the decedent's family; or
(c) any other recognized individual;
(5) assisting a Utah licensed funeral service director regarding disasters or special
emergencies by individuals licensed in other states as funeral service directors;
(6) activities of an unlicensed individual employed by a funeral service establishment
involving arrangement for a funeral service or the sale of funeral merchandise if the binding
contract is reviewed, approved, and signed in behalf of the funeral service establishment by a
licensed funeral service director; and
(7) nonprofessional tasks or activities which do not require independent professional
judgment which are required of persons employed by a funeral service establishment under the
supervision of a funeral service director.
Section 11. Section 58-9-306 is enacted to read:
58-9-306. License by endorsement.
The division may issue a license by endorsement to a person who holds a license to
engage in the practice of funeral service from another state, jurisdiction, or territory of the United
States, if:
(1) the person's license is:
(a) active;
(b) in good standing; and
(c) free from disciplinary action; and
(2) the person:
(a) meets the requirements of Section 58-1-302 ;
(b) is of good moral character in that the person has not been convicted of:
(i) a felony;
(ii) a misdemeanor involving moral turpitude; or
(iii) any other crime that when considered with the duties and responsibilities of the
license for which the person is applying is considered by the division and the board to indicate
that the best interests of the public are not served by granting the applicant a license;
(c) has completed five years of lawful and active practice as a licensed funeral service
director and embalmer within the ten years immediately preceding the application for licensure
by endorsement;
(d) has passed a national examination determined by the division; and
(e) has passed an examination on the rules of the state determined by the division.
Section 12. Section 58-9-307 is enacted to read:
58-9-307. Supervision of funeral service apprentice.
(1) A person seeking licensure as a funeral service apprentice shall submit as a part of the
application for a license:
(a) the name of the licensed funeral service director who has agreed to supervise the
applicant; and
(b) the name of the licensed funeral establishment at which the training and supervision
shall take place.
(2) A licensed funeral service director may supervise only one licensed funeral service
apprentice at one time.
(3) Within 30 days after the day on which the supervisor-supervisee relationship between
a licensed funeral service director and a licensed funeral service apprentice terminates, the
funeral service director shall furnish to the division a report of the performance of the funeral
service apprentice. The report shall be in form and content as prescribed by the division.
(4) A licensed funeral service apprentice may apply to the division to request supervision
by a different funeral service director. The application shall be made on a form prescribed by the
division. A change of supervisor requires approval of the division. The supervising funeral
service director shall submit to the division, in accordance with Subsection (3), a report of the
funeral service apprentice's performance.
(5) The licensed funeral service director is responsible for all of the duties and functions
performed by the funeral service apprentice.
Section 13. Section 58-9-401 is enacted to read:
58-9-401. Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license of
a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee,
for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order
shall be in accordance with Section 58-1-401 .
Section 14. Section 58-9-501 is enacted to read:
58-9-501. Unlawful conduct.
"Unlawful conduct" includes:
(1) doing any of the following to prepare a dead human body for disposition unless
licensed as a funeral service director or a funeral service apprentice:
(a) embalming;
(b) calcinating;
(c) pulverizing;
(d) cremating; or
(e) using any method that invades a dead human body;
(2) using the title "funeral service director," "funeral service apprentice," or "funeral
service establishment" unless licensed under this chapter;
(3) engaging in, providing, or agreeing to provide funeral arrangements to be provided
under a preneed funeral arrangement without first obtaining a license as a preneed funeral
arrangement provider under this chapter;
(4) engaging in selling, representing for sale, or in any other way offering to sell any
contract under which preneed funeral arrangements are to be provided without first obtaining a
license under this chapter as:
(a) a preneed funeral arrangement sales agent; or
(b) a funeral service director;
(5) selling or representing for sale any preneed funeral arrangement contract or
agreement:
(a) which has not been approved as to form and content by the division; and
(b) a current copy of which is not on file with the division; and
(6) failing to comply with Section 58-9-702 .
Section 15. Section 58-9-502 is enacted to read:
58-9-502. Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) the failure of a funeral service director to accurately document, report, and supervise
the activities of a funeral service apprentice;
(b) knowingly soliciting the sale of any funeral service or funeral merchandise for a
person whose death occurred or was imminent prior to the solicitation; and
(c) paying or offering to pay a commission or anything of value to secure deceased
human remains for a funeral service or disposition to:
(i) medical personnel;
(ii) a nursing home;
(iii) a nursing home employee;
(iv) a hospice;
(v) a hospice employee;
(vi) clergy;
(vii) a government official; or
(viii) any other third party.
(2) "Unprofessional conduct" does not include:
(a) general advertising directed to the public at large; or
(b) responding to a notification of death from:
(i) medical personnel;
(ii) a nursing home;
(iii) a nursing home employee;
(iv) a hospice;
(v) a hospice employee;
(vi) clergy;
(vii) a government official; or
(viii) any authorized representative of the family of the deceased person.
Section 16. Section 58-9-503 is enacted to read:
58-9-503. Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provisions defined in Subsections
58-9-501 (1) through (5) is guilty of a class A misdemeanor.
(2) Any person who violates the unlawful conduct provision defined in Subsection
58-9-501 (6) may be prosecuted under Title 76, Chapter 6, Part 4, Theft.
Section 17. Section 58-9-504 is enacted to read:
58-9-504. Authority to promulgate rules.
In addition to the authority granted under Section 58-1-106 , in accordance with Title 63,
Chapter 46a, Utah Administrative Rulemaking Act, the division in collaboration with the board
shall establish by rule:
(1) the minimum requirements for a licensed funeral establishment for the following:
(a) physical facilities;
(b) equipment;
(c) instruments; and
(d) supplies;
(2) license cycles under Section 58-9-303 ;
(3) standards to protect the interests of buyers and potential buyers of preneed funeral
arrangements under Section 58-9-701 ; and
(4) standards for preneed funeral arrangement trusts.
Section 18. Section 58-9-505 is enacted to read:
58-9-505. Disclosure requirements.
A licensee under this chapter shall disclose information in accordance with regulations of
the Federal Trade Commission and rules adopted by the division pursuant to this chapter.
Section 19. Section 58-9-506 is enacted to read:
58-9-506. Inspection -- Right to access.
A licensed funeral service establishment is subject to inspection during normal business
hours to determine compliance with the laws of Utah by:
(1) any authorized representative of the division; or
(2) any authorized representative of a local or state health department.
Section 20. Section 58-9-601 is enacted to read:
58-9-601. Advance directions.
(1) A person may provide written directions meeting the requirements of Subsection (2)
to direct the preparation, type, and place of the person's disposition, including:
(a) designating a funeral service establishment;
(b) providing directions for burial arrangements; or
(c) providing directions for cremation arrangements.
(2) The written directions described in Subsection (1) shall contain:
(a) the name and address of the decedent;
(b) written directions regarding the decedent's disposition;
(c) the signature of the decedent;
(d) the signatures of at least two unrelated individuals, each of whom signed within a
reasonable time after witnessing the signing of the form by the decedent; and
(e) the date or dates the written directions were prepared and signed.
(3) A funeral service director shall carry out the written directions of the decedent
prepared under this section to the extent that:
(a) the directions are lawful; and
(b) the decedent has provided resources to carry out the directions.
(4) Directions for disposition contained in a will shall be carried out pursuant to
Subsection (3) regardless of:
(a) the validity of other aspects of the will; or
(b) the fact that the will may not be offered or admitted to probate until a later date.
(5) A person may change or cancel written directions prepared under this section at any
time prior to the person's death by providing written notice to all applicable persons, including:
(a) if the written directions designate a funeral service establishment or funeral service
director, the funeral service establishment or funeral service director designated in the written
directions; and
(b) if the written directions are contained in a will, the personal representative as defined
in Section 75-1-201 .
Section 21. Section 58-9-602 is enacted to read:
58-9-602. Determination of control of disposition.
The right and duty to control the disposition of a deceased person, including the location
and conditions of the disposition, vest in the following degrees of relationship in the order
named:
(1) a person designated in a written instrument, excluding a power of attorney that
terminates at death under Sections 75-5-501 and 75-5-502 , if the written instrument contains:
(a) the name and address of the decedent;
(b) the name and address of the person designated under this Subsection (1);
(c) the signature of the decedent;
(d) the signatures of at least two unrelated individuals who are not the person designated
under this Subsection (1), each of whom signed within a reasonable time after witnessing the
signing of the form by the decedent; and
(e) the date or dates the written instrument was prepared and signed;
(2) the surviving, legally recognized spouse of the decedent;
(3) the surviving child or the majority of the surviving children of the decedent over the
age of 18;
(4) the unanimous consent of the surviving parent, parents, or lawful custodian of the
decedent;
(5) the person or persons in the next degree of succession under Title 75, Chapter 2,
Intestate Succession and Wills;
(6) any public official charged with arranging the disposition of deceased persons;
(7) a person or persons whom the funeral service director reasonably believes is entitled
to control the disposition; and
(8) in the absence of any person under Subsections (1) through (7), any person willing to
assume the right and duty to control the disposition.
Section 22. Section 58-9-603 is enacted to read:
58-9-603. Refusal of control of disposition.
If a person declines to act on the right and duty to control the disposition as established in
this part, the right and duty to control the disposition shall pass:
(1) to another person with the same degree of relationship to the decedent under Section
58-9-602 as the person that declines to act on the right and duty to control the disposition; or
(2) if no person satisfies Subsection (1), to the person or persons in the next degree of
relationship under Section 58-9-602 .
Section 23. Section 58-9-604 is enacted to read:
58-9-604. Control by funeral service director.
A funeral service director may control the disposition of the decedent and recover
reasonable charges if:
(1) (a) the funeral service director has actual knowledge that none of the persons
described in Section 58-9-602 exist; or
(b) after reasonable efforts the funeral service director is not able to contact any of the
persons described in Section 58-9-602 ; and
(2) the appropriate public official charged with arranging the disposition of deceased
persons fails to assume responsibility for disposition of the decedent within 36 hours after
receiving written notice from the funeral service director.
Section 24. Section 58-9-701 is enacted to read:
58-9-701. Preneed contract requirements.
(1) Every preneed funeral arrangement sold in Utah shall be evidenced by a written
contract. The provider shall file the form of the contract with the division. Approval of the
contract by the division is required before:
(a) any representation may be made by a provider or sales agent to a potential buyer; or
(b) any sale.
(2) Each preneed contract form approved by the division shall:
(a) be written in clear and understandable language printed in an easy-to-read type size
and style;
(b) bear the preprinted name, address, telephone number, and license number of the
provider obligated to provide the services under the contract terms;
(c) be sequentially numbered by contract form;
(d) clearly identify that the contract is a guaranteed product contract;
(e) provide that a trust is established in accordance with the provisions of Section
58-9-702 ;
(f) if the contract is funded by an insurance policy or product, provide that the insurance
policy or product is filed with the Insurance Department and meets the requirements of Title
31A, Insurance Code; and
(g) conform to other standards created by rule under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to protect the interests of buyers and potential buyers.
(3) No modification of the form, terms, or conditions of the preneed contract may be
made without the prior written approval of the division. The division may not unreasonably
withhold approval.
(4) A preneed contract shall provide for payment by the buyer in a form which may be
liquidated by the provider within 30 days after the day the provider or sales agent receives the
payment.
(5) A preneed contract may not be revocable by the provider except:
(a) in the event of nonpayment; and
(b) under terms and conditions clearly set forth in the contract.
(6) (a) A preneed contract may not be revocable by the buyer or beneficiary except:
(i) in the event of:
(A) a substantial contract breach by the provider; or
(B) substantial evidence that the provider is or will be unable to provide the personal
property or services to the beneficiary as provided under the contract; or
(ii) under terms and conditions clearly set forth in the contract.
(b) The contract shall contain a clear statement of the manner in which payments made
on the contract shall be refunded to the buyer or beneficiary upon revocation by the beneficiary.
Section 25. Section 58-9-702 is enacted to read:
58-9-702. Payments to be held in trust -- Trustee qualifications.
(1) All money representing payments for the purchase of a preneed funeral arrangement
shall be deposited by the provider or sales agent receiving the payment:
(a) within ten business days after the day on which the provider or sales agent receives
the payment in the form of cash or cash equivalent; or
(b) within 35 calendar days after the day on which the provider or sales agent receives
the payment in the form of a negotiable instrument.
(2) All money received under Subsection (1) shall be placed in a trust account naming as
trustee a Utah financial institution authorized to engage in the trust business under Title 7,
Chapter 5, Trust Business.
Section 26. Section 58-9-703 is enacted to read:
58-9-703. Trust agreement.
(1) Each trust established by a provider shall be administered in accordance with a trust
agreement conforming with:
(a) the requirements of this chapter;
(b) rules adopted with respect to this chapter;
(c) the provisions of Title 75, Chapter 7, Trust Administration; and
(d) all other state and federal laws applicable to trusts and trust agreements.
(2) Each trust agreement shall require that the provider report to the division:
(a) funds deposited into the trust in the name of the beneficiary;
(b) the contract number; and
(c) that the trustee shall establish a separate account within the trust for each beneficiary
and contract number.
(3) Each trust agreement shall require that the trustee:
(a) separately account for each contract; and
(b) separately record payments with respect to each contract made into the corpus of the
trust.
(4) Each trust agreement shall provide for distributions from the trust in accordance with
the provisions of this chapter upon:
(a) the death of the beneficiary;
(b) revocation of the contract by the provider upon nonpayment by the buyer; or
(c) revocation of the contract by the beneficiary or buyer.
Section 27. Section 58-9-704 is enacted to read:
58-9-704. Interest earned on trust funds.
Interest earned on trust funds shall be available for expenditure according to the following
priority:
(1) to pay the reasonable trustee expenses of administering the trust within a maximum
amount established by rule;
(2) to pay within a maximum amount established by rule under Section 58-9-504 the
reasonable provider expenses associated with:
(a) the sale of the plan;
(b) administering the collection, remittance, and accounting of the amount of payments
made into the corpus of the trust; and
(c) reporting required with respect to those contracts:
(i) that have been sold; and
(ii) under which the provider is obligated;
(3) to pay the costs of providing any of the following for which the provider is obligated
under a specific outstanding preneed funeral arrangement contract:
(a) personal property; and
(b) services at need; and
(4) to pay the provider available funds left in the individual trust account after:
(a) all costs of providing personal property and services for which the provider is
obligated under the contract underlying the trust; or
(b) (i) the contract is canceled as provided under this chapter; and
(ii) all amounts payable to the buyer, beneficiary, or any other person have been paid in
full.
Section 28. Section 58-9-705 is enacted to read:
58-9-705. Distribution of funds.
(1) Interest earned on trust funds shall be available to the provider according to the
priority set forth in Section 58-9-704 .
(2) The amount of payments made into the corpus of the trust and any other amount
which has been paid into the corpus of the trust shall be paid to the provider in the amount
credited to a specific account upon the event of one of the following:
(a) the death of the beneficiary which shall be demonstrated to the trustee by the provider
by furnishing to the trustee:
(i) a request for payment from the trust; and
(ii) a certified copy of the death certificate of the beneficiary; or
(b) revocation of the preneed funeral arrangement contract by either the provider or the
buyer according to the terms and conditions of the contract, which shall be demonstrated to the
trustee by the provider by furnishing to the trustee satisfactory evidence that:
(i) the contract has been revoked; and
(ii) the provider has paid all funds due to the buyer or beneficiary.
(3) After the provider completes all of the provider's obligations under the preneed
funeral arrangement, the provider shall return all remaining funds under the preneed funeral
arrangement to the estate of the beneficiary.
(4) Upon an order of any court having jurisdiction, all amounts that have been paid into
the corpus of the trust shall be paid to the buyer or beneficiary in the event of:
(a) a judgment to the benefit of a buyer or beneficiary upon a finding that:
(i) the provider is in substantial breach of the contract; or
(ii) there is substantial evidence that the provider is or will be unable to provide the
personal property or services to the beneficiary under the contract;
(b) a judgment of bankruptcy against the provider; or
(c) any finding by the court that determines the funds should be rightfully returned to the
buyer or beneficiary.
Section 29. Section 58-9-706 is enacted to read:
58-9-706. Annual reports concerning trust funds.
(1) Each provider shall file an annual report with the division on or before April 15 of
each year in a form provided by the division. The report shall state:
(a) the name of the trustees with which the provider has trust funds on deposit; and
(b) the amount remaining on deposit in the trust fund on:
(i) December 31 of the preceding year; or
(ii) another annual reporting period as the division may establish.
(2) (a) A provider is not required to renew its license if the provider:
(i) has outstanding contracts; and
(ii) has discontinued the sale of contracts.
(b) A provider that does not renew its license pursuant to this Subsection (2) shall
continue to make annual reports to the division until all outstanding contracts have been:
(i) fully performed; or
(ii) transferred to a licensed provider.
Section 30. Section 58-9-707 is enacted to read:
58-9-707. Records and reports of trustee -- Contents.
The trustee shall keep a record of all agreements. The record shall contain:
(1) the name and address of the person making payments;
(2) the date and the amount of each payment made;
(3) the date and amount of each withdrawal and to whom paid; and
(4) the name of the bank or trust company depository.
Section 31. Section 58-9-708 is enacted to read:
58-9-708. Audits.
(1) (a) The division may at any time:
(i) audit records of the provider; and
(ii) inspect records of the provider.
(b) The provider or trustee shall make available to the division for examination,
inspection, or auditing all records pertaining to the accounts relating to:
(i) any contract sold under this chapter; and
(ii) any trust established under this chapter.
(2) (a) The director may employ experts from outside the division if special need exists
to perform examinations, inspections, and audits under this section.
(b) The provider shall be responsible for payment to the division of all reasonable and
necessary costs related to the employment of experts under this section.
Section 32. Section 63-55-258 is amended to read:
63-55-258. Repeal dates, Title 58.
(1) Title 58, Chapter 3a, Architects Licensing Act, is repealed July 1, 2003.
(2) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2007.
(3) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2008.
(4) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
July 1, 2006.
(5) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
(6) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 2009.
(7) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
(8) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
(9) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors
Licensing Act, is repealed July 1, 2005.
(10) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
(11) Title 58, Chapter 26a, Certified Public Accountant Licensing Act, is repealed July 1,
2007.
(12) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
(13) Title 58, Chapter 31b, Nurse Practice Act, is repealed July 1, 2005.
(14) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 2007.
(15) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, 2007.
(16) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 2007.
(17) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
(18) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
repealed July 1, 2009.
(19) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
(20) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2010.
(21) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
1, 2003.
(22) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2004.
(23) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
(24) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 2008.
[
[
repealed July 1, 2007.
[
July 1, 2005.
[
[
1, 2006.
[
July 1, 2006.
[
2006.
[
[
2006.
Section 33. Section 75-1-107 is amended to read:
75-1-107. Evidence of death or status.
(1) In addition to the rules of evidence in courts of general jurisdiction, the following
rules relating to a determination of death and status apply:
[
26, Chapter 34, Uniform Determination of Death Act.
[
an official or agency of the place where the death purportedly occurred is prima facie evidence of
the fact, place, date, and time of death and the identity of the decedent.
[
agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie
evidence of the status and of the dates, circumstances, and places disclosed by the record or
report.
[
(1)(b) or (c), the fact of death may be established by clear and convincing evidence, including
circumstantial evidence.
[
(b), (c) or [
individual has not been heard from, and whose absence is not satisfactorily explained after
diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have
occurred at the end of the period unless there is sufficient evidence for determining that death
occurred earlier.
[
described in Subsection [
(1)(b) or (c) that states a time of death 120 hours or more after the time of death of another
individual, however the time of death of the other individual is determined, establishes by clear
and convincing evidence that the individual survived the other individual by 120 hours.
(2) The right and duty to control the disposition of a deceased person shall be governed
by Sections 58-9-601 through 58-9-604 .
Section 34. Section 75-1-201 is amended to read:
75-1-201. General definitions.
Subject to additional definitions contained in the subsequent chapters that are applicable
to specific chapters, parts, or sections, and unless the context otherwise requires, in this code:
(1) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney,
an individual authorized to make decisions concerning another's health care, and an individual
authorized to make decisions for another under a natural death act.
(2) "Application" means a written request to the registrar for an order of informal probate
or appointment under Title 75, Chapter 3, Part 3, Informal Probate and Appointment
Proceedings.
(3) "Beneficiary," as it relates to trust beneficiaries, includes a person who has any
present or future interest, vested or contingent, and also includes the owner of an interest by
assignment or other transfer; as it relates to a charitable trust, includes any person entitled to
enforce the trust; as it relates to a "beneficiary of a beneficiary designation," refers to a
beneficiary of an insurance or annuity policy, of an account with POD designation, of a security
registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar
benefit plan, or other nonprobate transfer at death; and, as it relates to a "beneficiary designated
in a governing instrument," includes a grantee of a deed, a devisee, a trust beneficiary, a
beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of
appointment, and a person in whose favor a power of attorney or a power held in any individual,
fiduciary, or representative capacity is exercised.
(4) "Beneficiary designation" refers to a governing instrument naming a beneficiary of an
insurance or annuity policy, of an account with POD designation, of a security registered in
beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or
other nonprobate transfer at death.
(5) "Child" includes any individual entitled to take as a child under this code by intestate
succession from the parent whose relationship is involved and excludes any person who is only a
stepchild, a foster child, a grandchild, or any more remote descendant.
(6) "Claims," in respect to estates of decedents and protected persons, includes liabilities
of the decedent or protected person, whether arising in contract, in tort, or otherwise, and
liabilities of the estate which arise at or after the death of the decedent or after the appointment of
a conservator, including funeral expenses and expenses of administration. "Claims" does not
include estate or inheritance taxes, or demands or disputes regarding title of a decedent or
protected person to specific assets alleged to be included in the estate.
(7) "Conservator" means a person who is appointed by a court to manage the estate of a
protected person.
(8) "Court" means any of the courts of record in this state having jurisdiction in matters
relating to the affairs of decedents.
(9) "Descendant" of an individual means all of his descendants of all generations, with
the relationship of parent and child at each generation being determined by the definition of child
and parent contained in this title.
(10) "Devise," when used as a noun, means a testamentary disposition of real or personal
property and, when used as a verb, means to dispose of real or personal property by will.
(11) "Devisee" means any person designated in a will to receive a devise. For the
purposes of Title 75, Chapter 3, Probate of Wills and Administration, in the case of a devise to an
existing trust or trustee, or to a trustee in trust described by will, the trust or trustee is the devisee,
and the beneficiaries are not devisees.
(12) "Disability" means cause for a protective order as described by Section 75-5-401 .
(13) "Distributee" means any person who has received property of a decedent from his
personal representative other than as a creditor or purchaser. A testamentary trustee is a
distributee only to the extent of distributed assets or increment thereto remaining in his hands. A
beneficiary of a testamentary trust to whom the trustee has distributed property received from a
personal representative is a distributee of the personal representative. For purposes of this
provision, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the
extent of the devised assets.
(14) "Estate" includes the property of the decedent, trust, or other person whose affairs
are subject to this title as originally constituted and as it exists from time to time during
administration.
(15) "Exempt property" means that property of a decedent's estate which is described in
Section 75-2-403 .
(16) "Fiduciary" includes a personal representative, guardian, conservator, and trustee.
(17) "Foreign personal representative" means a personal representative of another
jurisdiction.
(18) "Formal proceedings" means proceedings conducted before a judge with notice to
interested persons.
(19) "Governing instrument" means a deed, will, trust, insurance or annuity policy,
account with POD designation, security registered in beneficiary form (TOD), pension,
profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of
appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any
similar type.
(20) "Guardian" means a person who has qualified as a guardian of a minor or
incapacitated person pursuant to testamentary or court appointment, but excludes one who is
merely a guardian ad litem.
(21) "Heirs," except as controlled by Section 75-2-711 , means persons, including the
surviving spouse and state, who are entitled under the statutes of intestate succession to the
property of a decedent.
(22) "Incapacitated person" means any person who is impaired by reason of mental
illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic
intoxication, or other cause, except minority, to the extent of lacking sufficient understanding or
capacity to make or communicate responsible decisions.
(23) "Informal proceedings" mean those conducted without notice to interested persons
by an officer of the court acting as a registrar for probate of a will or appointment of a personal
representative.
(24) "Interested person" includes heirs, devisees, children, spouses, creditors,
beneficiaries, and any others having a property right in or claim against a trust estate or the estate
of a decedent, ward, or protected person. It also includes persons having priority for appointment
as personal representative and other fiduciaries representing interested persons. The meaning as
it relates to particular persons may vary from time to time and shall be determined according to
the particular purposes of, and matter involved in, any proceeding.
(25) "Issue" of a person means descendant as defined in Subsection (9).
(26) "Joint tenants with the right of survivorship" and "community property with the
right of survivorship" includes coowners of property held under circumstances that entitle one or
more to the whole of the property on the death of the other or others, but excludes forms of
coownership registration in which the underlying ownership of each party is in proportion to that
party's contribution.
(27) "Lease" includes an oil, gas, or other mineral lease.
(28) "Letters" includes letters testamentary, letters of guardianship, letters of
administration, and letters of conservatorship.
(29) "Minor" means a person who is under 18 years of age.
(30) "Mortgage" means any conveyance, agreement, or arrangement in which property is
used as security.
(31) "Nonresident decedent" means a decedent who was domiciled in another
jurisdiction at the time of his death.
(32) "Organization" includes a corporation, limited liability company, business trust,
estate, trust, partnership, joint venture, association, government or governmental subdivision or
agency, or any other legal or commercial entity.
(33) "Parent" includes any person entitled to take, or who would be entitled to take if the
child died without a will, as a parent under this code by intestate succession from the child whose
relationship is in question and excludes any person who is only a stepparent, foster parent, or
grandparent.
(34) "Payor" means a trustee, insurer, business entity, employer, government,
governmental agency or subdivision, or any other person authorized or obligated by law or a
governing instrument to make payments.
(35) "Person" means an individual or an organization.
(36) (a) "Personal representative" includes executor, administrator, successor personal
representative, special administrator, and persons who perform substantially the same function
under the law governing their status.
(b) "General personal representative" excludes special administrator.
(37) "Petition" means a written request to the court for an order after notice.
(38) "Proceeding" includes action at law and suit in equity.
(39) "Property" includes both real and personal property or any interest therein and
means anything that may be the subject of ownership.
(40) "Protected person" means a person for whom a conservator has been appointed. A
"minor protected person" means a minor for whom a conservator has been appointed because of
minority.
(41) "Protective proceeding" means a proceeding described in Section 75-5-401 .
(42) "Registrar" refers to the official of the court designated to perform the functions of
registrar as provided in Section 75-1-307 .
(43) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of
indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in
payments out of production under such a title or lease, collateral trust certificate, transferable
share, voting trust certificate, and, in general, any interest or instrument commonly known as a
security, or any certificate of interest or participation, any temporary or interim certificate,
receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the
foregoing.
(44) "Settlement," in reference to a decedent's estate, includes the full process of
administration, distribution, and closing.
(45) "Special administrator" means a personal representative as described in Sections
75-3-614 through 75-3-618 .
(46) "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of
the United States.
(47) "Successor personal representative" means a personal representative, other than a
special administrator, who is appointed to succeed a previously appointed personal
representative.
(48) "Successors" means persons, other than creditors, who are entitled to property of a
decedent under the decedent's will or this title.
(49) "Supervised administration" refers to the proceedings described in Title 75, Chapter
3, Part 5, Supervised Administration.
(50) "Survive," except for purposes of Part 3 of Article VI, Uniform TOD Security
Registration Act, means that an individual has neither predeceased an event, including the death
of another individual, nor is considered to have predeceased an event under Section 75-2-104 or
75-2-702 . The term includes its derivatives, such as "survives," "survived," "survivor," and
"surviving."
(51) "Testacy proceeding" means a proceeding to establish a will or determine intestacy.
(52) "Testator" includes an individual of either sex.
(53) "Trust" includes any express trust, private or charitable, with additions thereto,
wherever and however created. The term also includes a trust created or determined by judgment
or decree under which the trust is to be administered in the manner of an express trust. The term
excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal
representatives, trust accounts as defined in Title 75, Chapter 6, Nonprobate Transfers, custodial
arrangements pursuant to any Uniform Transfers To Minors Act, business trusts providing for
certificates to be issued to beneficiaries, common trust funds, voting trusts, preneed funeral plans
under Title 58, Chapter [
arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends,
interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement
under which a person is nominee or escrowee for another.
(54) "Trustee" includes an original, additional, or successor trustee, whether or not
appointed or confirmed by the court.
(55) "Ward" means a person for whom a guardian has been appointed. A "minor ward"
is a minor for whom a guardian has been appointed solely because of minority.
(56) "Will" includes codicil and any testamentary instrument which merely appoints an
executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits
the right of an individual or class to succeed to property of the decedent passing by intestate
succession.
Section 35. Repealer.
This act repeals:
Section 58-9-1, Short title.
Section 58-9-2, Definitions.
Section 58-9-3, Board.
Section 58-9-4, License classifications.
Section 58-9-5, Exemptions from licensure.
Section 58-9-6, Qualifications for licensure.
Section 58-9-7, Term of license -- Expiration -- Renewal.
Section 58-9-8, Continuing education.
Section 58-9-9, Limitation of term of funeral service apprentice license.
Section 58-9-10, Supervision of funeral service apprentice.
Section 58-9-11, Requirements for a funeral establishment.
Section 58-9-12, Disclosure requirements.
Section 58-9-13, Grounds for denial of license -- Disciplinary proceedings.
Section 58-9-15, Inspection -- Right to access.
Section 58-58-1, Short title.
Section 58-58-2, Definitions.
Section 58-58-3, Board -- Membership -- Duties.
Section 58-58-4, License classifications -- Exemptions.
Section 58-58-5, Qualifications for licensure.
Section 58-58-6, Term of license -- Expiration -- Renewal.
Section 58-58-7, Grounds for denial of license -- Disciplinary proceedings.
Section 58-58-8, Preneed contract requirements.
Section 58-58-9, Payments to be held in trust -- Trustee qualifications.
Section 58-58-10, Trust agreement.
Section 58-58-11, Interest earned on trust funds.
Section 58-58-12, Distribution of funds.
Section 58-58-13, Annual reports concerning trust funds.
Section 58-58-14, Records and reports of trustee -- Contents.
Section 58-58-15, Audits.
Section 36. Coordination clause.
If this bill and S.B. 10, Preneed Funeral Arrangement Amendments, both pass, it is the
intent of the Legislature that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, merge the language from S.B. 10, Subsection
58-58-8 (7) into this bill as Subsection 58-9-701 (7).
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