367.932 Definitions for KRS 367.934 to 367.974 and 367.991.
605 words·~3 min read·
/ky/chapter-367/367-932A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 367.934 to 367.974 and 367.991:
(1)"Agent" means the licensee who is the person, partnership, association or
corporation receiving any payments on a preneed funeral contract;
(2)"Attorney General" means the Office of Consumer Protection in the office of the
Attorney General;
(3)"Bank of underground crypts" means any construction unit of twenty
(20)or more
underground crypts designed as a part of a below ground crypt program, whether
physically connected or not, having a common drainage system;
(4)"Cemetery" means any one
(1)or combination of more than one
(1)of the
following in a place used or to be used and dedicated or designated for such
purposes:
(a)A burial park, for earth interment;
(b)A mausoleum, for entombment;
(c)A columbarium, for inurnment;
(5)"Cemetery company" means any person who conducts the business of a cemetery.
Excepted are small community cemeteries, their agents, lessees and otherwise that
operate nonprofit; have no salaried employees, directors, officers or managers other
than maintenance caretakers; are owned, controlled by lot owners; and do not sell
any preneed merchandise or services;
(6)"Cemetery merchandise" means urns, memorials, monuments, markers, vases,
foundations, memorial bases, and other similar personal property commonly sold by
or used in cemeteries;
(7)"Columbarium" means a structure or building substantially exposed above ground
intended to be used for the inurnment of cremated remains and sold or offered for
sale to the public;
(8)"Columbarium niche" means an inurnment space in a columbarium as defined
herein;
(9)"Financial institution" means a bank, trust company, federally chartered credit
union, or savings and loan association authorized by law to do business in this state;
(10)"Grave space" means a space of ground in a cemetery intended to be used for the
interment in the ground of the remains of one
(1)human being;
(11)"Mausoleum" means a building or structure substantially exposed above ground
used or intended to be used for the entombment of human remains, which is sold or
offered for sale to the public;
(12)"Mausoleum crypt" means an entombment space in a mausoleum as defined herein;
(13)"Person" means an individual, corporation, partnership, joint venture, association,
business trust, or any other form of business organization; provided, however, that
an individual employee of an entity registered pursuant to KRS 367.934 to 367.974
and 367.991 shall not be required to comply with the registration requirement
herein;
(14)"Preneed burial contract" means a contract, which has for a purpose the furnishing
or performance of funeral services, or the furnishing or delivery of personal
property, merchandise, or services of any nature in connection with the final
disposition of a dead human body, for future use at a time determinable by the death
of the person whose body is to be disposed of; but does not mean the furnishing of a
cemetery lot or mausoleum;
(15)"Preneed cemetery merchandise contract" means any agreement or contract, or any
series or combination of agreements or contracts, which has for a purpose the
furnishing or delivery of cemetery merchandise, which within six
(6)months of the
date of the contract is not attached to the realty and permanently installed or which
is not stored in a bonded warehouse with the receipt of ownership issued by the
manufacturer in the name of the purchaser and transmitted to the purchaser;
(16)"Remains" means the bodies of deceased persons, in whatever stage of
decomposition, and cremated remains;
(17)"Trustee" means the financial institution; and
(18)"Underground crypt" means a single unit entombment space in preplaced chambers
below ground and also known as lawn crypt, westminister turftop mausoleum, or
below ground crypt.