Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-301.Prearranged funeral agreements;
conditions.
Any agreement, contract or plan requiring the payment of money in a lump
sum or installments which is made or entered into with
any person,
association, partnership, firm or corporation for the final disposition of
a dead human body, or for funeral or burial services, or for the furnishing
of personal property or funeral or burial merchandise, wherein the delivery
of the personal property or the funeral or burial merchandise or the
furnishing of services is
not immediately required, is hereby declared to be against public policy
and void, unless all money paid thereunder shall be deposited in a bank or
savings and loan association which is authorized to do
business in this state and insured by a federal agency, or invested in a
credit union which is insured with an insurer or guarantee corporation as
required under K.S.A. 17-2246, and amendments thereto, all as herein provided,
and subject to the terms of an agreement for the benefit of the
purchaser of the agreement, contract or
plan. For the purposes of this act, personal property or funeral or burial
merchandise shall include caskets, vaults and all other articles of
merchandise incidental to a funeral service, but shall not include grave
lots, grave spaces, grave memorials, tombstones, crypts, niches and
mausoleums. This act shall not prohibit the funding of a prearranged funeral
agreement with insurance proceeds derived from a policy issued by an insurance
company authorized to conduct business in this state.
History: L. 1953, ch. 54, § 1;
L. 1973, ch. 86, § 1;
L. 1976, ch. 97, § 1;
L. 1983, ch. 76, § 1;
L. 1989, ch. 48, § 70;
L. 1994, ch. 229, § 3;
L. 2002, ch. 106, § 1; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-301.Prearranged funeral agreements;
conditions.
Any agreement, contract or plan requiring the payment of money in a lump
sum or installments which is made or entered into with
any person,
association, partnership, firm or corporation for the final disposition of
a dead human body, or for funeral or burial services, or for the furnishing
of personal property or funeral or burial merchandise, wherein the delivery
of the personal property or the funeral or burial merchandise or the
furnishing of services is
not immediately required, is hereby declared to be against public policy
and void, unless all money paid thereunder shall be deposited in a bank or
savings and loan association which is authorized to do
business in this state and insured by a federal agency, or invested in a
credit union which is insured with an insurer or guarantee corporation as
required under K.S.A. 17-2246, and amendments thereto, all as herein provided,
and subject to the terms of an agreement for the benefit of the
purchaser of the agreement, contract or
plan. For the purposes of this act, personal property or funeral or burial
merchandise shall include caskets, vaults and all other articles of
merchandise incidental to a funeral service, but shall not include grave
lots, grave spaces, grave memorials, tombstones, crypts, niches and
mausoleums. This act shall not prohibit the funding of a prearranged funeral
agreement with insurance proceeds derived from a policy issued by an insurance
company authorized to conduct business in this state.
History: L. 1953, ch. 54, § 1;
L. 1973, ch. 86, § 1;
L. 1976, ch. 97, § 1;
L. 1983, ch. 76, § 1;
L. 1989, ch. 48, § 70;
L. 1994, ch. 229, § 3;
L. 2002, ch. 106, § 1; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
16-301.Prearranged funeral agreements;
conditions.
Any agreement, contract or plan requiring the payment of money in a lump
sum or installments which is made or entered into with
any person,
association, partnership, firm or corporation for the final disposition of
a dead human body, or for funeral or burial services, or for the furnishing
of personal property or funeral or burial merchandise, wherein the delivery
of the personal property or the funeral or burial merchandise or the
furnishing of services is
not immediately required, is hereby declared to be against public policy
and void, unless all money paid thereunder shall be deposited in a bank or
savings and loan association which is authorized to do
business in this state and insured by a federal agency, or invested in a
credit union which is insured with an insurer or guarantee corporation as
required under K.S.A. 17-2246, and amendments thereto, all as herein provided,
and subject to the terms of an agreement for the benefit of the
purchaser of the agreement, contract or
plan. For the purposes of this act, personal property or funeral or burial
merchandise shall include caskets, vaults and all other articles of
merchandise incidental to a funeral service, but shall not include grave
lots, grave spaces, grave memorials, tombstones, crypts, niches and
mausoleums. This act shall not prohibit the funding of a prearranged funeral
agreement with insurance proceeds derived from a policy issued by an insurance
company authorized to conduct business in this state.
History: L. 1953, ch. 54, § 1;
L. 1973, ch. 86, § 1;
L. 1976, ch. 97, § 1;
L. 1983, ch. 76, § 1;
L. 1989, ch. 48, § 70;
L. 1994, ch. 229, § 3;
L. 2002, ch. 106, § 1; July 1.