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HOUSE BILL No. 2331
AN ACT concerning the disposition of human remains ; creating the crime of aggravated
criminal desecration when the offender had the intent to conceal a death or the
commission of a crime; 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; establishing requirements for programs of
continuing education for licensed embalmers and funeral directors; authorizing use of
the word "crematory" as part of the business name for businesses owned by the same
person who owns a licensed crematory; amending K.S.A. 21-6205, 22a-215, 65-
1702, 65-1716 and 65-1769 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6205 is hereby amended to read as follows:
21-6205. (a) Criminal desecration is:
(1) Knowingly obtaining or attempting to obtain unauthorized
control of a dead body or remains of any human being or the coffin, urn
or other article containing a dead body or remains of any human being;
or
(2) recklessly, by means other than by fire or explosive:
(A) Damaging, defacing or destroying the flag, ensign or other
symbol of the United States or this state in which another has a
property interest without the consent of such other person;
(B) damaging, defacing or destroying any public monument or
structure;
(C) damaging, defacing or destroying any tomb, monument,
memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any
other property in a cemetery; or
(D) damaging, defacing or destroying any place of worship.
(b) Aggravated criminal desecration is criminal desecration as
defined in subsection (a)(1) committed with the intent to conceal the
death of a human being or the commission of a crime.
(c) (1) Criminal desecration as defined in:
(1)(A) Subsections Subsection (a)(2)(B), (a)(2)(C) or (a)(2)(D) if
the property is damaged to the extent of:
(A)(i) $25,000 or more is a severity level 7, nonperson felony;
(B)(ii) at least $1,000 but less than $25,000 is a severity level 9,
nonperson felony; and
(C)(iii) less than $1,000 is a class A nonperson misdemeanor; and
(2)(B) subsections subsection (a)(1) or (a)(2)(A) is a class A
nonperson misdemeanor.
(2) Aggravated criminal desecration is a severity level 7,
nonperson felony.
Sec. 2. 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 refuses or is unable 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:
(1) 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; or
HOUSE BILL No. 2331—page 2
(2) the deceased was a veteran. Expenses of final disposition of
such unclaimed body shall be paid pursuant to K.S.A. 73-304, and
amendments thereto, to the extent applicable.
(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
decedent's remains, whichever is longer;
(2) after the time period prescribed in paragraph (1) has lapsed,
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 coroner 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 (c) 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 office of veterans services , or the director's designee, or a
national cemetery. No person or organization that takes custody of
cremated remains pursuant to this paragraph shall be liable for the
costs of the cremation of the decedent or any other applicable fees.
(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. 3. K.S.A. 65-1702 is hereby amended to read as follows: 65-
1702. (a) Every licensed embalmer who desires to continue the practice
of embalming shall pay to the secretary of the state board of mortuary
arts a renewal fee in the amount fixed by the board in accordance with
the provisions of K.S.A. 65-1727, and amendments thereto. The
secretary shall mail a notice of the due date for payment of the renewal
fee at least 30 days prior to such date to the last known address of each
licensee.
(b) If such licensee shall fail to pay the renewal fee prior to the
expiration date, the licensee shall be automatically suspended and
HOUSE BILL No. 2331—page 3
denied the right to practice embalming in this state during such
suspension. The board may reinstate such lapsed licenses upon
payment of the fee in arrears and a reinstatement fee in the amount
equal to the renewal fee, except such lapse shall not be over six months
in duration.
(c) Any person who fails to reinstate a lapsed license within six
months after the lapse of such license may apply for relicensure by
making application on a form provided by the board. Relicensure shall
be granted upon receipt of proof that the applicant is competent to act
as a licensed embalmer, meets current qualifications to act as a licensed
embalmer, has satisfied all of the requirements for renewal established
by law and has paid the board all back renewal fees as established by
the board by rules and regulations.
(d) The expiration date of each license issued or renewed shall be
established by rules and regulations of the board. Subject to the
provisions of this subsection, each license shall be renewable on a
biennial basis upon the filing of a renewal application prior to the
expiration date of the license and upon payment of the renewal fee
established pursuant to K.S.A. 65-1727 , and amendments thereto. To
provide for a system of biennial renewal of licenses, the state board of
mortuary arts may provide by rules and regulations that licenses issued
or renewed for the first time after the effective date of this act may
expire less than two years from the date of issuance or renewal. In each
case in which a license is issued or renewed for a period of time less
than two years, the board shall prorate to the nearest whole month the
license or renewal fee established pursuant to K.S.A. 65-1727, and
amendments thereto. The provisions of this subsection (d) shall not
apply to apprentice licenses or periods of apprenticeship under K.S.A.
65-1701a, and amendments thereto.
(e) Every licensed embalmer who desires to be actively engaged
in the practice of embalming in Kansas shall submit with the renewal
application evidence of satisfactory completion of a program of
continuing education required by the board. The board by duly adopted
rules and regulations shall establish the requirements for such program
of continuing education as soon as possible after the effective date of
this act July 1, 2026. The program of continuing education approved by
the board shall, at a minimum, require six hours of continuing
education annually. At least three such hours shall be completed either
in person or through a live online format that allows the presenter to
verify licensee attendance and provides licensees with an opportunity
to ask questions concerning the content of the program. All other
required hours may be completed through any online format.
(f) Every licensed embalmer who is not actively engaged in the
practice of embalming in the state shall be exempt from the continuing
education requirements set forth in subsection (e) of this section . If the
person becomes engaged in the active practice of embalming, such
person shall within the first full year after becoming engaged in active
practice meet the continuing education requirements specified by the
board.
Sec. 4. K.S.A. 65-1716 is hereby amended to read as follows: 65-
1716. (a) The renewal fee for a funeral director's license shall be in the
amount fixed by the state board of mortuary arts in accordance with the
provisions of K.S.A. 65-1727 , and amendments thereto. The fee shall
be due and payable to the secretary of the board prior to the expiration
date of the license. The secretary of the board shall mail a notice of the
expiration date of each license and of the renewal fee at least 30 days
prior to the date of expiration to the last known address of each
licensee. If the licensee fails to pay such renewal fee within the time
specified, the licensee shall be automatically suspended and denied the
right to practice funeral directing in this state during such suspension.
(b) The board may reinstate such lapsed license upon the payment
of the fee in arrears, plus the additional reinstatement fee in the amount
equal to the renewal fee, if such lapse is not over six months in
duration.
HOUSE BILL No. 2331—page 4
(c) Any person who fails to reinstate a lapsed license within six
months after the lapse of such license may apply for relicensure by
making application on a form provided by the board. Relicensure shall
be granted upon receipt of proof that the applicant is competent to act
as a licensed funeral director, meets qualifications to act as a licensed
funeral director, has satisfied all of the requirements for renewal
established by law and has paid the board all back renewal fees as
established by the board by rules and regulations.
(d) The expiration date of each license shall be established by
rules and regulations of the board. Subject to the provisions of this
subsection, each license shall be renewed on a biennial basis upon the
filing of a renewal application prior to the expiration date of the license
and upon payment of the renewal fee established pursuant to K.S.A.
65-1727, and amendments thereto. To provide for a system of biennial
renewal of licenses, the board may provide by rules and regulations that
licenses issued or renewed for the first time after the effective date of
this act may expire less than two years from the date of issuance or
renewal. In each case in which a license is issued or renewed for a
period of time of less than two years, the board shall prorate to the
nearest whole month the license or renewal fee established pursuant to
K.S.A. 65-1727, and amendments thereto.
(e) Every licensed funeral director who desires to be actively
engaged in the practice of funeral directing in Kansas shall submit with
the renewal application and renewal fee evidence of satisfactory
completion of a program of continuing education required by the board.
The board by duly adopted rules and regulations shall establish the
requirements for such program of continuing education as soon as
possible after the effective date of this act July 1, 2026. The program of
continuing education approved by the board shall, at a minimum,
require six hours of continuing education annually. At least three such
hours shall be completed either in person or through a live online
format that allows the presenter to verify licensee attendance and
provides licensees with an opportunity to ask questions concerning the
content of the program. All other required hours may be completed
through any online format.
(f) Every licensed funeral director who is not actively engaged in
the practice of funeral directing in the state shall be exempt from the
continuing education requirements set forth in this section. If the person
becomes engaged in the active practice of funeral directing, such
person shall within the first full year after becoming engaged in active
practice meet the continuing education requirements specified by the
board.
Sec. 5. K.S.A. 65-1769 is hereby amended to read as follows: 65-
1769. On and after July 1, 2011, (a) A crematory operator shall, in
connection with such person's licensed crematory, use the words
"crematory operator" or any other title implying that such person is
engaged in the business of cremation.
(b) Nothing in K.S.A. 65-1760 et seq., and amendments thereto,
shall be construed to prohibit a person who holds a crematory license
from using the word "crematory" in the name or title of any other
business or operation owned by such person if such business or
operation is licensed under article 17 of chapter 65 of Kansas Statutes
Annotated, and amendments thereto.
HOUSE BILL No. 2331—page 5
Sec. 6. K.S.A. 21-6205, 22a-215, 65-1702, 65-1716 and 65-1769
are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.