16-320.   Cemetery merchandise contracts; definitions.The following definitions shall apply to this act:

      (a)   "Cemetery merchandise" means burial vaults, grave liners, grave boxes,urns, memorials, markers, vases, memorial vases, tombstones, lawn crypts,niches and mausoleum spaces and all merchandise commonly sold or used incemeteries. Caskets; grave lots, grave spaces; burial or interment rights; anddeveloped or existing lawn crypts, mausoleum spaces or niches are not cemeterymerchandise.

      (b)   "Purchase price" means the gross amount, less sales tax, if any, tobe paid for cemetery merchandise under the provisions of a prepaid merchandisecontract. The purchase price does not include finance charges, sales tax,charges for real property interests or charges for credit life insurance.

      (c)   "Prepaid merchandise contract" means any agreement for the sale ofcemetery merchandise by a cemetery corporation which requires payment ofthe purchase price, in whole or in part, prior to delivery of the cemeterymerchandise, which agreement is entered into from and after the effectivedate of this act.

      (d)   "Cemetery corporation" means any individual or entity required tomaintain permanent maintenance funds under the provisions of K.S.A. 17-1312f,and amendments thereto.

      (e)   "Minimum funding requirement" means that portion of the purchase priceequal to 110% of the wholesale cost f.o.b. to the cemetery corporation ofthe cemetery merchandise covered in a prepaid merchandise contract. Wholesalecosts shall be determined by the cemetery corporation on the basis of suchquotations and price lists as are available to the cemetery.

      History:   L. 1982, ch. 96, § 1; L. 1987, ch. 77, § 1; July 1.