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.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans
16-301 Prearranged funeral agreements; conditions.
16-302 Same; payments, form and deposit of; exceptions.
16-304 Same; payments upon death, conditions; balances; notice; liability.
16-312 Prearranged funeral agreements; required disclosures.
16-313 Same; additional disclosures.
16-320 Cemetery merchandise contracts; definitions.
16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties.
16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.
16-325 Same; secretary of state to audit cemetery merchandise trusts.
16-327 Same; redeposit of moneys; action by attorney general.
16-328 Same; funds in trust not subject to legal process.
16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.
16-330 Same; refusal to submit to audit; attorney general.
16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.
16-332 Same; preneed contract provisions.
16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations.
16-334 Same; trust agreement; copy filed with secretary of state; requirements.
16-336 Cemetery maintenance and merchandise fee fund; state treasury.