KRS § 367.932 — KY Code / Title XXIX / Chapter 367 / Section 367.932
367.932 Definitions for KRS 367.934 to 367.974 and 367.991
Status: in_force

367.932 Definitions for KRS 367.934 to 367.974 and 367.991.

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.