reglab/housing_qa huggingface dataset:
KS Stat § 16-311 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-311 Same; duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability.

16-311. Same; duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability. (a) Whenever a person, who is or has been a recipient of medical assistance from the Kansas department for children and families, enters into a prearranged funeral agreement, contract or plan pursuant to K.S.A. 16-301, and amendments thereto, or a prearranged funeral agreement, contract or plan funded by insurance proceeds, such person shall inform the secretary for children and families or the secretary's designee of the existence of such an agreement, contract or plan and shall inform the funeral establishment that such person is or has been a recipient of medical assistance.(b) If any balance remains after payment for the final disposition of a dead human body, or for funeral or burial services, or funeral or burial merchandise, and the purchaser of the agreement, contract, or plan is or has been a recipient of medical assistance or a deceased surviving spouse of a recipient of medical assistance, any remaining balance shall be paid according to K.S.A. 16-304, and amendments thereto, or if such agreement, contract or plan was funded by insurance, any remaining balance shall be paid by the insurance company or the person, association, partnership, firm or corporation providing the services or merchandise to the secretary for children and families or the secretary's designee, to the extent of medical assistance expended on the deceased recipient. The insurance company or the person, association, partnership, firm or corporation providing the services or merchandise shall not be liable to the Kansas department for children and families for the balance in the account if written notice has not been received stating that medical assistance has been expended on the recipient for which the Kansas department for children and families may have a claim, and the balance of the account has been paid to the estate of the deceased or in the case of insurance, the designated beneficiary.(c) Payments to the secretary for children and families under subsection (b) and K.S.A. 16-304, and amendments thereto, shall be governed by K.S.A. 39-709, and amendments thereto.History: L. 2002, ch. 106, § 3; L. 2004, ch. 36, § 2; L. 2014, ch. 115, § 11; L. 2015, ch. 42, § 3; July 1.
KS Stat § 16-312 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-312 Prearranged funeral agreements; required disclosures.

16-312. Prearranged funeral agreements; required disclosures. Any prearranged funeral agreement that involves the payment of money or the purchase or assignment of an insurance policy or annuity shall be in writing and shall include the following information:(a) The name, address and phone number of the seller and the name and address of the purchaser of the contract and if the contract involves the payment of money but not the purchase or assignment of an insurance policy or annuity, the social security number of the purchaser of the contract;(b) a statement of the funeral goods and funeral services purchased. This disclosure may be made by attaching a copy of the completed statement of funeral goods and services selected to the prearranged funeral agreement;(c) a disclosure informing the purchaser whether the contract is either a guaranteed prearranged funeral agreement or a non-guaranteed prearranged funeral agreement. If the contract is guaranteed only in part, the disclosure shall specify the funeral goods or funeral services included in the guarantee;(d) if the prearranged funeral agreement is a guaranteed contract, a disclosure that in exchange for all of the proceeds paid pursuant to such prearranged funeral agreement, the seller shall provide the funeral goods and funeral services set forth in such prearranged funeral agreement without regard to the actual cost of such funeral goods and funeral services prevailing at the time of performance under such prearranged funeral agreement;(e) if the prearranged funeral agreement is a non-guaranteed contract, a disclosure that the proceeds of the trust, insurance policy, or annuity shall be applied to the retail prices in effect at the time of the funeral for the funeral goods and funeral services set forth in the prearranged funeral agreement and that in the event of an insufficiency of funds, the seller shall not be required to perform under such prearranged funeral agreement until payment arrangements satisfactory to the seller have been made;(f) a disclosure that any excess funds remaining after the payment of funeral goods and services shall be paid to the estate of the purchaser or the beneficiary named in the life insurance policy if the prearranged funeral agreement is funded by a life insurance policy. If the deceased was a recipient of medical assistance, the balance of unused funds shall be paid to the Kansas department for children and families to the extent of medical assistance expended;(g) if the prearranged funeral agreement is irrevocable, a disclosure that the purchaser does not have a right to revoke the contract; and(h) a disclosure that the seller may substitute funeral goods or funeral services of equal quality, value, and workmanship if those specified in the prearranged funeral agreement are unavailable at the time of need.History: L. 2010, ch. 47, § 1; L. 2014, ch. 115, § 12; July 1.
KS Stat § 16-313 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-313 Same; additional disclosures.

16-313. Same; additional disclosures. If a prearranged funeral agreement is funded by any means other than an insurance policy or annuity, such prearranged funeral agreement shall include all of the following information in addition to the information required to be included under K.S.A. 2021 Supp. 16-312, and amendments thereto:(a) A disclosure identifying the name and address of the bank, credit union, savings and loan association, or the trustee of the funeral trust the funds are being deposited into; and(b) a notice that reasonable fees and expenses may be deducted from the trust if a funeral trust established pursuant to K.S.A. 16-308, and amendments thereto, is being used.History: L. 2010, ch. 47, § 2; January 1, 2011.
KS Stat § 16-314 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-314 Same; definition.

16-314. Same; definition. For the purposes of this act, the term "prearranged funeral agreement" shall mean any agreement, contract or plan authorized by K.S.A. 16-301, and amendments thereto.History: L. 2010, ch. 47, § 3; January 1, 2011.
KS Stat § 16-323 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.

16-323. Same; misuse of the cemetery merchandise trust fund, criminal penalty. (a) Misuse of the cemetery merchandise trust fund or any money belonging thereto is knowingly using, investing, lending or permitting another to use moneys in the fund in a manner not authorized by law.(b) Misuse of the cemetery merchandise trust fund is a severity level 7, nonperson felony.History: L. 1982, ch. 96, § 4; L. 2011, ch. 78, § 8; January 1, 2012.
KS Stat § 16-325 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-325 Same; secretary of state to audit cemetery merchandise trusts.

16-325. Same; secretary of state to audit cemetery merchandise trusts. (a) The secretary of state, or the secretary's representative, shall, while auditing each cemetery corporation, pursuant to K.S.A. 17-1312a, and amendments thereto, audit the cemetery merchandise trusts required by this act, and approve the  trustee's determination of the  distributable earnings period. For such purposes, the secretary of state or the secretary's representative, is authorized to administer oaths and to examine under oath the directors, officers, employees and agents of any cemetery corporation. Such examination may be reduced to writing by the person taking it and the examiner may make findings as to the condition of each trust fund examined. For the purposes of such audits, the secretary of state may also require  the trustee to furnish and submit the books, records, papers and instruments of such cemetery corporation. The secretary of state shall be authorized to obtain trust accounting records from the trustee.(b) The secretary of state shall promulgate rules and regulations for the purpose of oversight and audit of the cemetery merchandise trust fund.History: L. 1982, ch. 96, § 6; L. 1988, ch. 94, § 4; L. 2011, ch. 78, § 9; January 1, 2012.
KS Stat § 16-326 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-326 Same; redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies.

16-326. Same; redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies. (a) In the event the secretary of state determines that moneys have been improperly paid by the trustee to the cemetery corporation during the period covered by the audit, then the secretary may order the cemetery corporation to redeposit to the trust such moneys improperly withdrawn within 60 days.(b) The attorney general, at the request of the secretary of state, may initiate an action for an accounting of the cemetery merchandise trust fund by the trustee.(c) If it is determined that the cemetery merchandise trust fund is underfunded due to inadequate deposits or unauthorized distributions, the cemetery corporation may propose and implement a plan for correcting the fund's deficiencies, subject to the approval of the secretary of state.(d) In addition to other provisions and authority granted under law, the secretary of state shall have the authority to equitably resolve the results of an audit.History: L. 1982, ch. 96, § 7; L. 2010, ch. 82, § 2; April 15.
KS Stat § 16-327 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-327 Same; redeposit of moneys; action by attorney general.

16-327. Same; redeposit of moneys; action by attorney general. The attorney general, at the request of the secretary of state may initiate an action to recover payments required to be redeposited to the trust under K.S.A. 16-326, or to recover other moneys received or disbursed in violation of this act. In addition, the attorney general may seek to enjoin any violation of the act.History: L. 1982, ch. 96, § 8; January 1, 1983.
KS Stat § 16-328 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-328 Same; funds in trust not subject to legal process.

16-328. Same; funds in trust not subject to legal process.  All funds held in a cemetery merchandise trust shall not be subject to attachment, garnishment or other legal process, nor be seized, taken, appropriated or applied to pay any debt or liability of the cemetery corporation, buyer or beneficiary, by any legal or equitable process or by operation of law.History: L. 1982, ch. 96, § 9; L. 2011, ch. 78, § 10; January 1, 2012.
KS Stat § 16-329 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.

16-329. Same; notice of intent to sell preneed merchandise contracts filed with secretary of state. No cemetery corporation shall enter into any preneed merchandise contract until such corporation has filed with the secretary of state a notification of its intention to sell and engage in such preneed merchandise contracts. Such notice shall include the name of the cemetery corporation, its principal place of business and the name and address of the trustee or trustees to be utilized under the provisions of this act.Accounting records and information required by this act shall be maintained in a form and manner approved by the secretary of state. A report of the merchandise trust fund shall be required as part of the corporation's quarterly report on a form provided or approved by the secretary of state.History: L. 1982, ch. 96, § 10; L. 2011, ch. 78, § 11; L. 2014, ch. 118, § 3; July 1.
KS Stat § 16-330 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-330 Same; refusal to submit to audit; attorney general.

16-330. Same; refusal to submit to audit; attorney general. Whenever any officer of any cemetery corporation refuses to submit the books, records, papers and instruments of such cemetery corporation to the examination and inspection of the secretary of state, or of any of the secretary's assistants or examiners, or in any manner obstruct or interfere with the examination or audit of its cemetery merchandise trust fund or any audit made pursuant to subsection (d) of K.S.A. 16-321, or refuse to be examined on oath concerning any of the affairs of its cemetery merchandise trust fund, the secretary of state may request the attorney general to institute proceedings for the appointment of a receiver for such cemetery corporation.History: L. 1982, ch. 96, § 11; January 1, 1983.
KS Stat § 16-331 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.

16-331. Same; refusal to establish trust fund; forfeiture of  cemetery corporation. Any cemetery corporation which refuses or neglects to establish or maintain a cemetery merchandise trust fund, in accordance with the requirements of this act for a period of  60 days after written demand to do so is made upon it by the secretary of state, shall be deemed to have forfeited its  cemetery corporation. The attorney general, upon the request of the secretary of state, shall then begin an action for the appointment of a receiver for such cemetery corporation and to dissolve the same.History: L. 1982, ch. 96, § 12; L. 2011, ch. 78, § 12; January 1, 2012.
KS Stat § 16-332 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-332 Same; preneed contract provisions.

16-332. Same; preneed contract provisions. Any cemetery corporation entering into a  preneed cemetery merchandise contract shall provide in such contract that:(a) A purchaser, under a  preneed cemetery merchandise contract covered in this act who permanently moves to another state in the United States, may direct that the merchandise, so long as the same is not a part of nor affixed to real estate, be delivered to a cemetery in the state of the purchaser's residence, except that the purchaser may be required to pay the additional transportation costs which exceed those the cemetery would have incurred to provide and deliver the merchandise to the seller cemetery; or(b) a purchaser who has entered into a  preneed cemetery merchandise contract covered by this act may, upon the purchaser permanently changing residence to a place more than 150 miles from the cemetery, cancel the contract upon written notice to the cemetery, which notice shall then be forwarded by the cemetery to the trustee of the cemetery merchandise trust fund. Upon receipt of such notice, the  preneed cemetery merchandise contract shall be cancelled, and the trustee, after deducting that contract's share of applicable costs and taxes provided for in K.S.A. 16-322, and amendments thereto, shall pay to the purchaser not less than 85% of the funds held in trust for the contract pursuant to this act. The balance shall be paid to the cemetery corporation and the trustee shall be discharged from further obligation as to such contract.History: L. 1982, ch. 96, § 13; L. 2011, ch. 78, § 13; January 1, 2012.
KS Stat § 16-333 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations.

16-333. Same; not subject to 16-301 to 16-309, prearranged funeral regulations. Sales of preneed cemetery merchandise contracts or preneed burial products or services subject to this act shall be exempt from the provisions of K.S.A. 16-301 through 16-309, inclusive, and  amendments thereto.History: L. 1982, ch. 96, § 14; L. 2011, ch. 78, § 14; January 1, 2012.
KS Stat § 16-334 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-334 Same; trust agreement; copy filed with secretary of state; requirements.

16-334. Same; trust agreement; copy filed with secretary of state; requirements. (a) Cemetery corporations subject to this act shall file, in the office of the secretary of state, a copy of the agreement or document which establishes the trust between the cemetery corporation and the trustee.(b) The trust agreement shall acknowledge all contractual agreements and shall be subject to, governed by, and construed according to K.S.A. 16-320 et seq., and amendments thereto.History: L. 1994, ch. 229, § 1; L. 2011, ch. 78, § 15; January 1, 2012.
KS Stat § 16-335 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-335 Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed.

16-335. Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed. (a) Except as provided by this section, all information that the secretary of state shall gather or record in making an investigation and examination of any cemetery corporation, or the reporting by the cemetery corporation or the trustee, shall be deemed to be confidential information and shall not be disclosed by the secretary of state or any assistant, examiner or employee thereof, except to:(1) Officers and the members of the board of directors of the cemetery corporation being audited;(2) the attorney general, when in the opinion of the secretary of state the same should be disclosed; and(3) the appropriate official for the municipality in which the cemetery resides when in the opinion of the secretary of state the same should be disclosed.(b) Upon request, the secretary of state may disclose to any person whether a cemetery corporation maintains a cemetery merchandise trust fund under K.S.A. 16-322, and amendments thereto, and whether such funds are maintained in compliance with the provisions of such laws.(c) This section shall be a part of and supplemental to article 3 of chapter 16 of the Kansas Statutes Annotated, and amendments thereto.History: L. 2011, ch. 78, § 1; L. 2016, ch. 82, § 4; L. 2021, ch. 82, § 5; July 1.
KS Stat § 16-336 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans|16-336 Cemetery maintenance and merchandise fee fund; state treasury.

16-336. Cemetery maintenance and merchandise fee fund; state treasury. (a) There is hereby created the cemetery maintenance and merchandise fee fund in the state treasury. The secretary of state shall remit all moneys received from fees and charges under this section, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the cemetery maintenance and merchandise fee fund.(b) All expenditures from the cemetery maintenance and merchandise fee fund shall be in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or by a person or persons designated by the secretary.History: L. 2011, ch. 78, § 4; January 1, 2012.
KS Stat § 16-706 (2021)
2021 Kansas Statutes|Chapter 16 - Contracts And Promises|Article 7 - Regulation Of Pawnbrokers And Precious Metal Dealers|16-706 Definitions.

16-706. Definitions. As used in this act:(a) (1) "Pawnbroker" means any person who loans money on deposit or pledge of personal property or other valuable thing, other than intangible personal property, or who deals in the purchase of personal property on the condition of selling the same back again at a stipulated price.(2) "Pawnbroker" does not include any person operating under the supervision of the state banking commissioner, credit union administrator or the consumer credit commissioner of this state.(b) "Person" means any individual, firm, company, partnership, corporation or association.(c) "Precious metal" means gold, silver or platinum group metals or any used articles or other used personal property containing such metals, but shall not include coins purchased for their numismatic value rather than their metal content or ingots or other industrial residue or by-products composed of such metals purchased from manufacturing firms.(d) "Precious metal dealer" means any person who engages in the business of purchasing precious metal for the purpose of reselling such metal in any form.History: L. 1972, ch. 51, § 1; L. 1981, ch. 91, § 1; L. 1981, ch. 92, § 1; July 1.