Kansas 2025-2026 Regular Session

Kansas House Bill HB2331 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2331
3	3	By Committee on Federal and State Affairs
4	4	Requested by Jessica Lucas on behalf of the Sedwick County Government
5	5	2-7
6	6	AN ACT concerning coroners; authorizing the disposition of the
7	7	unclaimed remains of deceased persons by district coroners; providing
8	8	exemptions from liability for actions taken to dispose of such remains;
9	9	amending K.S.A. 22a-215 and repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 22a-215 is hereby amended to read as follows: 22a-
12	12	215. (a) The coroner shall cause the body of a deceased person to be
13	13	delivered to the immediate family or the next of kin of the deceased in
14	14	accordance with the provisions of K.S.A. 65-904, and amendments
15	15	thereto. If there is no immediate family or next of kin, or if the immediate
16	16	family or next of kin refuse to accept the remains of such deceased person,
17	17	then the coroner shall report and make delivery notify and deliver such
18	18	remains in accordance with the provisions of article 9 of chapter 65 of
19	19	Kansas Statutes Annotated. If no such delivery is required, the coroner
20	20	shall cause the body of such deceased person to be cremated or buried. The
21	21	state or county officer responsible for the final disposition of the deceased
22	22	person may authorize and order the cremation or burial of such deceased
23	23	person.
24	24	(b) Cremation or burial expenses shall be paid from any property
25	25	found with the body. If there is no property found with the body or if the
26	26	property is not sufficient to cover such expenses and if the deceased was
27	27	eligible for assistance under the provisions of article 7 of chapter 39 of
28	28	Kansas Statutes Annotated, expenses of final disposition shall be paid in
29	29	accordance with the provisions of K.S.A. 39-713d, and amendments
30	30	thereto. Otherwise, such expenses shall be paid from the county general
31	31	fund unless the deceased died in the custody of the secretary of
32	32	corrections. Expenses of final disposition of the unclaimed bodies of
33	33	deceased inmates in the custody of the secretary of corrections shall be
34	34	paid by the department of corrections.
35	35	(b)(c) A coroner in possession of the cremated remains of a deceased
36	36	person may relinquish custody of such cremated remains if:
37	37	(1) No person has claimed such cremated remains during the three
38	38	years following the date of death or any period of time prescribed by
39	39	K.S.A. 22a-231 et seq., and amendments thereto, for preserving a
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75	75	decedent's remains, whichever is longer;
76	76	(2) the coroner publishes notice in a newspaper of general
77	77	circulation in the county where the death occurred and states that such
78	78	remains shall be disposed in accordance with this section unless such
79	79	remains are claimed by the immediate family or the next of kin of the
80	80	deceased within 30 days following the date such notice is published; and
81	81	(3) no claim on such cremated remains is made within the time
82	82	prescribed in paragraph (2).
83	83	(d) If a person, who is authorized to take custody of the cremated
84	84	remains of a deceased person, claims such remains, then such person shall
85	85	be required to reimburse the cororner for the costs of such cremation and
86	86	any other applicable fees assessed by the office of the district coroner.
87	87	(e) Cremated remains disposed of pursuant to subsection (b) shall be:
88	88	(1) Buried by placing the remains in a church or cemetery plot or a
89	89	scatter garden, or in a tomb, mausoleum, crypt, columbarium or other
90	90	permanent non-accessible chamber; or
91	91	(2) if the decedent was a veteran, relinquished to the director of the
92	92	Kansas commission of veteran's affairs office, or the director's designee,
93	93	or a national cemetery.
94	94	(f) Nothing in this section shall require a coroner to determine or
95	95	seek the determination of whether a decedent was a veteran if the office of
96	96	the district coroner was informed or otherwise discovered that:
97	97	(1) Such decedent was not a veteran; or
98	98	(2) such decedent did not desire any funeral or burial-related
99	99	services or ceremonies recognizing such decedent's service as a veteran.
100	100	(g) The office of the district coroner shall not be liable for any costs
101	101	or damages arising from the disposition of cremated remains conducted in
102	102	accordance with this section, except in cases of gross negligence or willful
103	103	misconduct.
104	104	(h) If after investigation the coroner determines that property found
105	105	with the body of a decedent has insubstantial commercial value, the
106	106	coroner may destroy or otherwise dispose of such property. Neither the
107	107	coroner nor the county where the death occurred shall be liable for any
108	108	action taken pursuant to this subsection.
109	109	(i) Any coroner who, over the protest of the immediate family or next
110	110	of kin of the deceased, delivers or causes to be delivered the body of a
111	111	deceased person for final disposition to a particular embalmer, funeral
112	112	director or funeral establishment, shall be deemed guilty of a class B
113	113	nonperson misdemeanor and upon conviction thereof shall forfeit the
114	114	coroner's office.
115	115	Sec. 2. K.S.A. 22a-215 is hereby repealed.
116	116	Sec. 3. This act shall take effect and be in force from and after its
117	117	publication in the statute book.
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