Division of the Budget Landon State Office Building Phone: (785) 296-2436 900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov Topeka, KS 66612 http://budget.kansas.gov Adam C. Proffitt, Director Laura Kelly, Governor Division of the Budget February 21, 2025 The Honorable Tom Kessler, Chairperson House Committee on Federal and State Affairs 300 SW 10th Avenue, Room 346-S Topeka, Kansas 66612 Dear Representative Kessler: SUBJECT: Fiscal Note for HB 2331 by House Committee on Federal and State Affairs In accordance with KSA 75-3715a, the following fiscal note concerning HB 2331 is respectfully submitted to your committee. HB 2331 would allow a county coroner in possession of cremated remains of a deceased person to relinquish custody of the remains under the following conditions: 1. No person has claimed the remains within three years; 2. The coroner publishes a notice in a newspaper of general circulation in the county where the death occurred stating the disposition would occur unless the remains are claimed by an immediate family member or next of kin within 30 days of publication; 3. No claim is made within the 30-day publication; If a person who is authorized to take custody of the remains, then the individual would be required to reimburse the coroner the costs of cremation and any other applicable fees. If no family or next of kin would claim the remains, the coroner would be able to dispose of the remains by place the deceased in a church or cemetery plot, a scatter garden, tomb, mausoleum, crypt, columbarium, or other permanent non-accessible chamber. If the deceased was a veteran, the coroner would have to relinquish the remains to the Kansas Commission of Veteran’s Affairs Office or a national cemetery. The bill would specifically state that a coroner would be required to determine or seek the determination if the deceased individual was a veteran. The bill would provide that a coroner would not be liable for any costs or damages arising from the disposition of cremated remains, as outlined in the bill. If property found with the body The Honorable Tom Kessler, Chairperson Page 2—HB 2331 of a decedent has insubstantial commercial value, the coroner may destroy or dispose of the property. The Board of Mortuary Arts and the Kansas Association of Counties indicate that the enactment of the bill would have no fiscal effect. The Kansas Office of Veterans Services indicates that in the last three years, the agency was contacted by one county coroner regarding an unclaimed veteran. The agency claimed the remains with the burial a cemetery of the agency; however, the coroner’s office did not pass any costs to the agency in this last instance. If a county coroner would pass costs on to the agency for veterans because of the enactment of HB 2331, the agency estimates costs per instance from $800 to $3,000, depending on the level of medical exam necessary to determine the cause of death. Any fiscal effect associated with HB 2331 is not reflected in The FY 2026 Governor’s Budget Report. Sincerely, Adam C. Proffitt Director of the Budget cc: J.W. Carey, Board of Mortuary Arts Jay Hall, Kansas Association of Counties