Title XXIX, Commerce and Trade

included in court costs. (1) The Attorney General's office may hire a special independent auditor of choice to do a complete audit of books as to contracts entered into both prior to and after July 13, 1984, to determine compliance with the preneed funeral laws, if the Attorney G…

company -- Fee -- Annual report. (1) Every person engaged in the sale of any preneed cemetery merchandise contract and cemetery company, hereinafter referred to as registrants, shall register with the Attorney General at least thirty (30) days prior to commencing to do business. …

Every registrant shall keep and maintain adequate records, including, but not limited to, the following: (1) A cash receipts journal, or its equivalent, listing moneys received in chronological order. The journal shall contain dates of all such moneys received, amounts received, …

taxed as court costs. If the Attorney General determines any discrepancy as a result of his examination, the Attorney General's office may hire a special independent auditor of choice to do a complete audit of books, both as to contracts entered into prior to and after July 13, 1…

companies -- Required payments -- Local government exemption -- Termination, distribution, and use of funds in local government trust fund. (1) Every seller of the items described in subsection (2)(a) of this section shall first provide for the future care and maintenance of such…

for purchaser until delivery -- Bond in lieu of trust fund. (1) Forty percent (40%), not including interest or finance charges, of all payments of money made to any person, partnership, association, or corporation upon any agreement or contract, or any series or combination of ag…

seller. (1) If for any reason a person who has entered into a contract for the sale of cemetery merchandise which is paid in full and has made deposits to the trust fund herein required to be made cannot or does not provide the cemetery merchandise called for by the contract afte…

(1) Every person before engaging in a sale, contract for sale, reservation for sale or agreement for sale of a mausoleum crypt within a mausoleum, underground crypt within a crypt section, or columbarium niche within a mausoleum prior to the completion of the construction thereof…

Every cemetery company offering for sale any mausoleum crypt, underground crypt or columbarium niche shall provide facilities for temporary entombment or inurnment at the cemetery in which the crypt or niche purchased is to be located.

(1) Whenever any contract for sale shall be entered into in which items of cemetery merchandise and rights to interment, inurnment or entombment are included, without allocation of the gross sale price among the items sold, the application of payments received under the contract …

(1) Any person selling preneed cemetery merchandise contracts or preconstruction mausoleums, columbarium or underground crypt contracts shall pay to the Attorney General five dollars ($5) for each said contract entered into of which the gross sales price as defined in KRS 367.932…

Any provision of a contract which purports to waive any provision of KRS 367.932 to 367.974 and 367.991 shall be null and void.

subject to KRS 367.932 to 367.974 and 367.991. (1) Officers, owners, directors and shareholders of companies subject to the provisions of KRS 367.932 to 367.974 and 367.991 who knew of failure to comply with any of the trust provisions of KRS 367.932 to 367.974 and 367.991 and wh…

Any cemetery company that receives a foundation order shall complete the foundation installation within ninety (90) days, without discrimination, providing, however, that any delay caused by inclement weather, strike, shortage of materials, civil disorder, natural disaster or any…

(1) All of the remedies, powers, and the duties provided for the Attorney General by KRS 367.190 to 367.300 and KRS 367.990 pertaining to acts declared unlawful by KRS 367.170 shall apply with equal force and effect to acts declared unlawful by KRS 367.932 to 367.974 and KRS 367.…

(1) The Attorney General may deny, suspend, or revoke any license granted under KRS 367.940 or levy civil penalties not to exceed five hundred dollars ($500) or both or place the licensee on probation for up to twelve (12) months for any of the following causes: (a) Obtaining a l…

All fees and charges collected and paid into the State Treasury under the provisions of KRS 367.932 to 367.972 shall be credited to a revolving trust or agency fund account for the Attorney General and shall be used for the administration of KRS 367.932 to 367.972. This section d…

As used in KRS 367.97501 to 367.97537, unless the context requires otherwise: (1) "Authorizing agent" means the person legally entitled to order the cremation of the human remains. (2) "Casket" means a rigid container which is designed for the encasement of human remains construc…

-- Annual report. (1) Every crematory operator and every person, firm, partnership, association, and corporation desiring to operate a crematory authority shall obtain a crematory authority license from the Attorney General at least thirty (30) days prior to opening for the purpo…

(1) Materials identifying the human remains placed in the custody of a crematory authority shall contain the following information: (a) Name of decedent; (b) Date and time of death; (c) Place of death; (d) Name and relationship of authorizing agent; (e) Name of person engaging cr…

(1) A crematory authority shall not accept human remains for cremation unless the human remains are contained within a closed cremation container. (2) A crematory authority shall not accept for holding a cremation container from which there is any evidence of leakage of the body …

(1) The simultaneous cremation of the remains of more than one (1) individual within the same cremation chamber is specifically declared unlawful. The fact that incidental and unavoidable residue remains in the cremation chamber or other equipment or any container used in a prior…

(1) Upon completion of the cremation, all residual of the cremation process shall be removed insofar as is possible, from the cremation chamber. The residual shall be placed within a container or tray that will ensure against commingling with other cremated remains; and the ident…

(1) Cremated remains shall be placed in a closed container. Except for objects used for identification, cremated remains shall not be contaminated with foreign material unless specific authorization has been received. (2) If cremated remains within the closed container do not ade…

cremated remains -- Unclaimed cremated remains -- Limitation of liability. (1) A crematory authority shall not conduct any cremations, nor accept a body for cremation, unless it has a cremation authorization form signed by the authorizing agent clearly stating the disposition to …

(1) A person may authorize his or her own cremation and the final disposition of his or her cremated remains, by executing a declaration. The original declaration directing cremation shall be retained by the entity with which the arrangements are made. A copy of the declaration s…

If the authorizing agent is not available in person to execute the cremation authorization form, then the authorizing agent may send the crematory a notarized facsimile transmission stating that the person is legally entitled to authorize the cremation and stating the name, addre…

Availability of Consumer Protection Act remedies -- Authority of Attorney General under other laws and to promulgate administrative regulations. (1) The Attorney General may deny, suspend, or revoke any license granted under KRS 367.97504 or levy civil penalties not to exceed fiv…

There is hereby created a trust and agency account in the State Treasury to be known as the "Crematory Licensure and Regulation Fund," which shall consist of all moneys received from fees under KRS 367.97504, from civil penalties assessed under this section, and from earnings on …

As used in KRS 367.976 to 367.985: (1) "Advertisement" means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement, excluding in-store merchandising aids; (2) "Cash price" means the price at which the lessor would ha…

(1) For each rental-purchase agreement, the lessor shall disclose the following items as applicable: (a) A brief description of the leased property, sufficient to identify the property to the consumer and lessor; (b) The number, amount, and timing of all lease payments necessary …

order. (1) The lessor shall disclose to the consumer the information required by KRS 367.976 to 367.985. In a transaction involving more than one (1) consumer, a lessor shall disclose only to one (1) of the consumers who are primarily obligated. In a transaction involving more th…

A rental-purchase agreement shall not contain a provision: (1) Requiring a confession of judgment; (2) Requiring a garnishment of wages; (3) Granting authorization to the lessor of a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commi…

(1) Each rental-purchase agreement shall: (a) Provide that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the merchandise upon expiration of any lease term; and (b) Contain a provision for reinstatement which, at a minimum permit…

(1) A renegotiation shall occur when an existing rental-purchase agreement is satisfied and replaced by a new lease agreement undertaken by the same consumer. A renegotiation shall be a new agreement covered by KRS 367.976 to 367.985. However, events such as the following shall n…

(1) If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for any specific item, the advertisement also shall state clearly and conspicuously the following items, as applicable: (a) That the transaction…

367.985. (1) A lessor who fails to comply with a requirement imposed in KRS 367.977, 367.978, 367.979, or 367.980 with respect to a consumer shall be liable to the consumer in an amount equal to the greater of: (a) The actual damages sustained by the consumer as a result of the v…

A civil action under KRS 367.976 to 367.985 may be brought in any court of competent jurisdiction within one (1) year of the date of the occurrence of any violation or within six (6) months of the time the rental-purchase agreement, together with any renewals or extensions thereo…

(1) A lessor shall not be liable under KRS 367.983 for a violation of KRS 367.976 to 367.985 if the lessor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, such as a clerical miscalculation, computer malfunctions…

(1) Any person who violates the terms of a temporary or permanent injunction issued under KRS 367.190 shall forfeit and pay to the Commonwealth a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation. For the purposes of this section, the Circuit Cou…

Any person or corporation which is subject to the provisions of KRS 367.932 to 367.974 and willfully violates the trust provision found in this chapter shall be guilty of a Class C felony. Each violation of any trust provision of this chapter shall be deemed a separate offense. E…

(1) Violation of KRS 367.826 shall be a Class A misdemeanor. (2) In addition to subsection (1) of this section, all of the remedies, powers, and duties provided for the Attorney General by KRS 367.190 through 367.300 and 367.990, pertaining to acts declared unlawful by KRS 367.17…

(1) Any person who knowingly violates or causes to be violated any provision of KRS 367.4774 shall be guilty of a Class C felony. (2) Any person who knowingly violates or causes to be violated any provision of KRS 367.381 shall be guilty of a Class C felony.

KRS 369.101 to 369.120 may be cited as the Uniform Electronic Transactions Act.

As used in KRS 369.101 to 369.120, unless the context requires otherwise: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under law…