govt.fyi
Back to SB 226
Kentucky General Assembly· SB 226signed by Governor (Acts Ch. 88)

An act relating to preneed burial contracts., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                26 RS SB 226/GA

1   AN ACT relating to preneed burial contracts.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF KRS 367.934 TO 367.974 IS CREATED

4 TO READ AS FOLLOWS:

5 (1) An agent that guarantees a price for all merchandise and full performance of all

6   services to be provided pursuant to a preneed burial contract may collect an

7   administrative fee not to exceed fifteen percent (15%) of the total amount of all

8   payments to be paid under the contract.

9 (2) An administrative fee imposed under subsection (1) of this section shall not be

10  collected:

11  (a) More than once for each executed preneed burial contract regardless of

12  whether the contract is transferred to a successor entity; or

13  (b) If the amount to be paid by the purchaser will be paid in installments, until

14  all installments have been paid.

15  Section 2. KRS 367.934 is amended to read as follows:

16 (1) Except as provided in Section 1 of this Act:

17  (a) 1. All payments of money made to any person, partnership, association, or

18              corporation upon any agreement or contract, or any series or

19              combination of agreements or contracts, but not including the furnishing

20              of cemetery lots or mausoleums, which has for a purpose the furnishing

21              or performance of funeral services, or the furnishing or delivery of

22              personal property, merchandise, or services of any nature in connection

23              with the final disposition of a dead human body, for future use at a time

24              determinable by the death of the person whose body is to be disposed of,

25              are held to be trust funds.

26  2. The person, partnership, association, or corporation receiving the

27              payments:

                                                  Page 1 of 4

    SB022610.100 - 2142 - XXXX 3/10/2026 3:10 PM                          GA
    UNOFFICIAL COPY                                                    26 RS SB 226/GA

1   a. Is declared to be the agent thereof;[,] and

2   b. Shall deposit all payments in a trust account with a bank or trust

3                    company or invest the[said] payments in a savings and loan

4                    association or federally chartered credit union.

5   3. The trustee shall be the financial institution holding the[said] funds.

6   4. All of the interest, dividends, increases, or accretions of whatever nature

7   earned by the funds deposited in a trust account shall remain with the

8   principal of such account and become a part thereof, subject to all of the

9   requirements[regulations] concerning the principal of the account[said

10  fund] herein contained.

11  5. a. The agent shall have the authority at any time to transfer or

12                   redesignate the trustee of the[said] funds in his or her discretion

13                   upon notification to the Attorney General.

14  b. In case of any transfer, the former trustee shall transfer funds

15                   directly to and payable to the newly designated trustee or its

16                   representative;[.]

17  (b)[(2)] All payments made to the agent under the agreement, contract, or plan

18  are and shall remain trust funds with the financial institution until the death of

19  the person for whose service the funds were paid and until the delivery of all

20  merchandise and full performance of all services called for by the agreement,

21  contract, or plan, except where payment is made pursuant to a request for

22  refund; and[.]

23  (c) 1.[(3)] The funds shall not be paid by the financial institution until:

24  a. A certified statement is furnished to the financial institution by the

25                   agent setting forth that all of the terms and conditions of the

26                   agreement have been fully performed by the person, association,

27                   partnership, firm, or corporation; and

                                                  Page 2 of 4

    SB022610.100 - 2142 - XXXX 3/10/2026 3:10 PM                                 GA
    UNOFFICIAL COPY                                            26 RS SB 226/GA

1   b. The agent has proven the death of the person for whose service

2                    the funds were paid by furnishing the financial institution with a

3                    verified or certified copy of a record verifying the death, issued

4                    by the state registrar of the Vital Statistics Branch or its

5                    successor agency as authorized by KRS Chapter 213, or a

6                    provisional certificate of death as described in KRS 213.076.

7   2. Any balance remaining in the fund after payment for the merchandise

8   and services as set forth in the agreement, contract, or plan shall be paid

9   to the estate of the beneficiary of the agreement, contract, or plan.

10 (2)[(4)] [The funds shall not be paid by the financial institution until the agent has

11  proven the death of the person for whose service the funds were paid by furnishing

12  the financial institution with a verified or certified copy of a record verifying the

13  death, issued by the state registrar of the Vital Statistics Branch or its successor

14  agency as authorized by KRS Chapter 213, or a provisional certificate of death as

15  described in KRS 213.076.

16 (5) No provision of ]KRS 367.932 to 367.974 shall not be construed to apply to

17  contracts for funeral service or merchandise sold as preneed and burial insurance

18  policies which are regulated by the Department of Insurance of this state.

19  Section 3. KRS 367.936 is amended to read as follows:

20 (1) (a) Upon the giving of fifteen (15) days' written notice, sent to the agent and the

21  trustee, any person, partnership, or corporation who has paid funds for a

22  preneed funeral service may demand a refund of the entire amount actually

23  paid, excluding an administrative fee imposed on a fully paid contract in

24  accordance with Section 1 of this Act, together with all interest, dividends,

25  increases, or accretions, of any kind whatsoever, which have been earned on

26  such funds.

27  (b) 1. If the trustee is unknown, the written notice sent to the agent shall

                                                  Page 3 of 4

    SB022610.100 - 2142 - XXXX 3/10/2026 3:10 PM                                    GA
    UNOFFICIAL COPY                                                         26 RS SB 226/GA

1                     constitute compliance with this subsection[section].

2   2. Upon receipt of notice, the agent shall immediately forward notice to the

3                     trustee.

4 (2) (a) The financial institutions shall be relieved from further liability, after making

5   payment to the person making payment of said funds, to the agent upon

6   receipt of the foregoing written notice.

7   (b) Notice of payment of funds under this section shall be given by the financial

8   institution to the agent.

9 (3) The trustee may rely upon all certifications and affidavits made pursuant to or

10  required by the provisions of KRS 367.932 to 367.974 and 367.991, and shall not

11  be liable to any person for such reliance.

12  Section 4. This Act applies to contracts entered into on or after the effective

13 date of this Act.

                                                  Page 4 of 4

    SB022610.100 - 2142 - XXXX 3/10/2026 3:10 PM                            GA
Every fact on this page links to its source, starting with the official bill record.