Kansas House Bill HB2331

Kansas 2025-2026 Regular Session

• Introduced: 2/7/25
• Refer: 2/7/25
• Report Pass: 2/26/25
• Engrossed: 3/5/25
• Refer: 3/6/25
• Report Pass: 2/2/26
• Enrolled: 3/26/26
• Passed: 4/9/26

Caption

Creating the crime of aggravated criminal desecration and providing penalties therefor, authorizing the disposition of the unclaimed remains of deceased persons by district coroners and providing exemptions from liability for such actions, establishing requirements for programs of continuing education for licensed embalmers and funeral directors and authorizing the use of the word "crematory" as part of the business name for businesses owned by the same person who owns a licensed crematory.

Summary

HB 2331 revises Kansas law governing the handling and final disposition of deceased persons’ remains by district coroners. The bill requires coroners to deliver bodies to immediate family or next of kin when available, and if no one claims the remains, it authorizes cremation or burial and sets out who pays those costs. It also creates a process for coroners to relinquish custody of unclaimed cremated remains after a waiting period and public notice, and it specifies acceptable methods of final disposition, including burial, scattering in a scatter garden, placement in a mausoleum or columbarium, or transfer to veterans’ authorities or a national cemetery for eligible veterans. The bill also adds liability protections for coroners and counties when they dispose of remains or property in accordance with the statute, limiting exposure except in cases of gross negligence or willful misconduct. It allows coroners to destroy or otherwise dispose of property found with a body if it has insubstantial commercial value. In addition, it makes it a class B nonperson misdemeanor, with forfeiture of office, for a coroner to direct a body to a particular funeral provider over the protest of the family or next of kin. The bill’s impact on state law is to amend and replace K.S.A. 22a-215, expanding and clarifying the authority of district coroners over unclaimed remains and related property, while also coordinating payment rules with existing public assistance and corrections statutes. It affects coroners, counties, the Department of Corrections, the Kansas Commission on Veterans Affairs, funeral homes, embalmers, and families or next of kin of decedents whose remains are unclaimed or disputed. The overall sentiment around the bill appears strongly favorable and noncontroversial. It passed the House and Senate unanimously, and both chambers later adopted conference committee reports without dissent, suggesting broad bipartisan agreement on the need to clarify coroners’ authority and procedures for unclaimed remains. The main points of contention addressed by the bill are not reflected in recorded opposition, but the statute itself indicates likely concerns about family control over disposition, coroner discretion, and potential steering of bodies to particular funeral establishments. The bill responds to those issues by requiring notice and waiting periods for unclaimed cremated remains, limiting coroner liability, and imposing a criminal penalty for directing a body to a specific funeral provider against the family’s wishes.

Impact

HB 2331 amends K.S.A. 22a-215 to expand and clarify district coroners’ authority over unclaimed bodies, cremated remains, and low-value property found with decedents. It establishes procedures for cremation or burial, payment of disposition costs, notice before relinquishing unclaimed cremated remains, and permitted final-disposition options, while also limiting liability for coroners and counties and creating a misdemeanor penalty for improper steering of remains to a funeral provider.

Sentiment

The bill appears to have enjoyed broad, unanimous support throughout the legislative process. The House passed it 118-0, the Senate passed it 38-0, and both chambers later adopted the conference committee report unanimously, indicating little to no partisan or substantive opposition in the recorded votes.

Contention

No committee testimony or recorded debate is provided, and the roll calls show no opposition. The statute itself suggests the policy issues the bill is meant to address: how long coroners should retain unclaimed remains, how to notify potential claimants, whether and when remains may be buried or scattered, how to handle veterans’ remains, and how to prevent improper influence over funeral-home selection. The bill resolves these concerns by setting procedures and penalties rather than leaving them to local discretion.