Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
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 in
cemeteries. Caskets; grave lots, grave spaces; burial or interment rights; and
developed or existing lawn crypts, mausoleum spaces or niches are not cemetery
merchandise.
(b) "Purchase price" means the gross amount, less sales tax, if any, to
be paid for cemetery merchandise under the provisions of a prepaid merchandise
contract. 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 of
cemetery merchandise by a cemetery corporation which requires payment of
the purchase price, in whole or in part, prior to delivery of the cemetery
merchandise, which agreement is entered into from and after the effective
date of this act.
(d) "Cemetery corporation" means any individual or entity required to
maintain 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 price
equal to 110% of the wholesale cost f.o.b. to the cemetery corporation of
the cemetery merchandise covered in a prepaid merchandise contract. Wholesale
costs shall be determined by the cemetery corporation on the basis of such
quotations and price lists as are available to the cemetery.
History: L. 1982, ch. 96, § 1; L. 1987, ch. 77, § 1; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
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 in
cemeteries. Caskets; grave lots, grave spaces; burial or interment rights; and
developed or existing lawn crypts, mausoleum spaces or niches are not cemetery
merchandise.
(b) "Purchase price" means the gross amount, less sales tax, if any, to
be paid for cemetery merchandise under the provisions of a prepaid merchandise
contract. 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 of
cemetery merchandise by a cemetery corporation which requires payment of
the purchase price, in whole or in part, prior to delivery of the cemetery
merchandise, which agreement is entered into from and after the effective
date of this act.
(d) "Cemetery corporation" means any individual or entity required to
maintain 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 price
equal to 110% of the wholesale cost f.o.b. to the cemetery corporation of
the cemetery merchandise covered in a prepaid merchandise contract. Wholesale
costs shall be determined by the cemetery corporation on the basis of such
quotations and price lists as are available to the cemetery.
History: L. 1982, ch. 96, § 1; L. 1987, ch. 77, § 1; July 1.
Article 3.--FUNERAL AND CEMETERY MERCHANDISE AGREEMENTS, CONTRACTS AND PLANS
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 in
cemeteries. Caskets; grave lots, grave spaces; burial or interment rights; and
developed or existing lawn crypts, mausoleum spaces or niches are not cemetery
merchandise.
(b) "Purchase price" means the gross amount, less sales tax, if any, to
be paid for cemetery merchandise under the provisions of a prepaid merchandise
contract. 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 of
cemetery merchandise by a cemetery corporation which requires payment of
the purchase price, in whole or in part, prior to delivery of the cemetery
merchandise, which agreement is entered into from and after the effective
date of this act.
(d) "Cemetery corporation" means any individual or entity required to
maintain 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 price
equal to 110% of the wholesale cost f.o.b. to the cemetery corporation of
the cemetery merchandise covered in a prepaid merchandise contract. Wholesale
costs shall be determined by the cemetery corporation on the basis of such
quotations and price lists as are available to the cemetery.
History: L. 1982, ch. 96, § 1; L. 1987, ch. 77, § 1; July 1.
