Session of 2025
HOUSE BILL No. 2331
By Committee on Federal and State Affairs
Requested by Jessica Lucas on behalf of the Sedwick County Government
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AN ACT concerning coroners; authorizing the disposition of the
unclaimed remains of deceased persons by district coroners; providing
exemptions from liability for actions taken to dispose of such remains;
amending K.S.A. 22a-215 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 22a-215 is hereby amended to read as follows: 22a-
215. (a) The coroner shall cause the body of a deceased person to be
delivered to the immediate family or the next of kin of the deceased in
accordance with the provisions of K.S.A. 65-904, and amendments
thereto. If there is no immediate family or next of kin, or if the immediate
family or next of kin refuse to accept the remains of such deceased person,
then the coroner shall report and make delivery notify and deliver such
remains in accordance with the provisions of article 9 of chapter 65 of
Kansas Statutes Annotated. If no such delivery is required, the coroner
shall cause the body of such deceased person to be cremated or buried. The
state or county officer responsible for the final disposition of the deceased
person may authorize and order the cremation or burial of such deceased
person.
(b) Cremation or burial expenses shall be paid from any property
found with the body. If there is no property found with the body or if the
property is not sufficient to cover such expenses and if the deceased was
eligible for assistance under the provisions of article 7 of chapter 39 of
Kansas Statutes Annotated, expenses of final disposition shall be paid in
accordance with the provisions of K.S.A. 39-713d, and amendments
thereto. Otherwise, such expenses shall be paid from the county general
fund unless the deceased died in the custody of the secretary of
corrections. Expenses of final disposition of the unclaimed bodies of
deceased inmates in the custody of the secretary of corrections shall be
paid by the department of corrections.
(b)(c) A coroner in possession of the cremated remains of a deceased
person may relinquish custody of such cremated remains if:
(1) No person has claimed such cremated remains during the three
years following the date of death or any period of time prescribed by
K.S.A. 22a-231 et seq., and amendments thereto, for preserving a
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decedent's remains, whichever is longer;
(2) the coroner publishes notice in a newspaper of general
circulation in the county where the death occurred and states that such
remains shall be disposed in accordance with this section unless such
remains are claimed by the immediate family or the next of kin of the
deceased within 30 days following the date such notice is published; and
(3) no claim on such cremated remains is made within the time
prescribed in paragraph (2).
(d) If a person, who is authorized to take custody of the cremated
remains of a deceased person, claims such remains, then such person shall
be required to reimburse the cororner for the costs of such cremation and
any other applicable fees assessed by the office of the district coroner.
(e) Cremated remains disposed of pursuant to subsection (b) shall be:
(1) Buried by placing the remains in a church or cemetery plot or a
scatter garden, or in a tomb, mausoleum, crypt, columbarium or other
permanent non-accessible chamber; or
(2) if the decedent was a veteran, relinquished to the director of the
Kansas commission of veteran's affairs office, or the director's designee,
or a national cemetery.
(f) Nothing in this section shall require a coroner to determine or
seek the determination of whether a decedent was a veteran if the office of
the district coroner was informed or otherwise discovered that:
(1) Such decedent was not a veteran; or
(2) such decedent did not desire any funeral or burial-related
services or ceremonies recognizing such decedent's service as a veteran.
(g) The office of the district coroner shall not be liable for any costs
or damages arising from the disposition of cremated remains conducted in
accordance with this section, except in cases of gross negligence or willful
misconduct.
(h) If after investigation the coroner determines that property found
with the body of a decedent has insubstantial commercial value, the
coroner may destroy or otherwise dispose of such property. Neither the
coroner nor the county where the death occurred shall be liable for any
action taken pursuant to this subsection.
(i) Any coroner who, over the protest of the immediate family or next
of kin of the deceased, delivers or causes to be delivered the body of a
deceased person for final disposition to a particular embalmer, funeral
director or funeral establishment, shall be deemed guilty of a class B
nonperson misdemeanor and upon conviction thereof shall forfeit the
coroner's office.
Sec. 2. K.S.A. 22a-215 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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