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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
funeral practices; transportation protection agreements
Purpose
Stipulates that a transportation protection agreement is not insurance. Excludes, from the definition of funeral goods and services, services provided pursuant to a transportation protection agreement.
Background
A funeral service licensee must give a standardized price list to each person who personally inquires about funeral arrangements or prices of funeral goods or services. A funeral service licensee must have an accurate and readable price list presented to facilitate price comparisons by funeral service consumers (A.R.S. § 32-1371). A funeral service must not enter a contract to furnish funeral goods or services for a burial or other disposition of a dead human body until the funeral service licensee has given the potential purchaser a statement of funeral goods and services that includes the total charge for the services, an itemization of charges for the casket, the method of payment and any interest charges and the location where the deceased will be held, embalmed, cremated or will undergo alkaline hydrolysis (A.R.S. § 32-1373). A funeral establishment may offer prearranged funeral agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary and must be funded by insurance or trust (A.R.S. §§ 32-1301 and 32-1391.02).
Funeral goods and services are any personal property or services that are typically sold or provided in connection with the final disposition of human remains, including caskets, alternative containers, outer burial containers, cremation containers, transportation containers, funeral clothing or accessories, monuments, grave markers, urns, embalming services, funeral directing services and similar funeral or burial items. The definition of funeral good and services excludes goods and services sold by cemeteries (A.R.S. § 32-1301).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that a transportation protection agreement is not insurance.
2. Excludes, from the definition of funeral goods and services, services provided pursuant to a transportation protection agreement.
3. Defines transportation protection agreement as an agreement that primarily provides or arranges for services that are related to preparing human remains or cremated remains for the purpose of transportation and such subsequent transportation.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
House Action
COM 2/7/23 DPA 8-2-0-0
3rd Read 3/14/23 42-13-5
Prepared by Senate Research
March 27, 2023
JT/PM/sr