Kansas committee hears bill to set timelines for coroners to dispose of unclaimed cremains

TOPEKA — The Kansas House Federal and State Affairs Committee heard testimony on HB 2331 on Jan. 30, a bill that would amend KSA 22A-215 to set timelines and limited liability for coroners who handle unclaimed cremated remains.

Jason (presenter), who described the bill to the committee, said it would allow a coroner to relinquish cremated remains if no claim is made after a statutory waiting period and a published notice. "There is a published notice that the coroner makes, that the remains must be claimed within 30 days," he told the committee, saying the provisions would take effect July 1 and that he would file a technical correction to a cross-reference in the draft.

Supporters said coroners need clearer authority. Dr. Shelley Steadman, director of the Sedgwick County Regional Forensic Science Center in Wichita, told the committee Sedgwick stores roughly 600 cremains and has seen rising numbers of unclaimed bodies. "Our hope is that you will adopt the language, providing coroners with this much needed direction, and allowing for these individuals to be given a permanent disposition," she said, noting that in 2023 the Sedgwick County coroner handled a record high of 93 unclaimed bodies.

Steadman said the bill would add a three-year minimum storage period for cremains before a coroner pursues a final disposition and would protect coroners from liability except in cases of gross negligence or willful misconduct. She described current practice as indefinite storage in many jurisdictions and said the change would allow funerary disposition such as scatter gardens or internment in mausoleums for the oldest unclaimed cremains.

The bill also includes a veteran carve-out: coroners could relinquish veteran cremains to the Kansas veterans program, a federal cemetery or a national cemetery. Heidi Goff, director of the Kansas Veterans Cemetery Program (testifying remotely), said the program inters about 20 unclaimed or unaccompanied veterans each year and urged clearer language so the state veterans program would not be required to reimburse cremation costs. "With the current wording of HB 2331, it suggests that a funeral home or veteran cemetery claiming veteran remains would possibly be held accountable or responsible for the reimbursement of cremation costs or other coroner fees," Goff said, asking the committee to reference existing statutes that allow state veterans cemeteries to inter unclaimed veterans without incurring unrecoverable costs.

Committee members pressed staff for clarifications. Senators asked whether the 30-day claim period begins at publication or at date of death and whether the bill applies to unidentified remains; Jason said the 30 days begins on publication after the statutory waiting period and that the provision applies to identified but unclaimed cremains, not unidentified (Jane/John Doe) cases. Senators also asked whether notification by newspaper remains appropriate where counties lack functioning newspapers; Jason acknowledged recent legislation allowing website publication in some counties and said the committee could write an amendment to permit county-designated websites for legal notices.

Lawmakers flagged fiscal issues and statutory cross-references. The chair read a minor fiscal note noting the Kansas Office of Veterans Services estimated per-case costs for veteran disposition could range from $800 to $3,000 if the cemetery program had to cover cremation costs beyond federal plot allowances. Jason and members said they would meet with conferees and revisers to refine the language before the committee works the bill.

Public testimony included an eighth-grade student from Wichita, Grace Dugan, who told the committee her class supported dignified disposition of cremains and noted a diocesan offer to bury remains at no charge. Dr. Steadman and other proponents emphasized that many families refuse to claim remains because of cost and that coroners currently lack uniform guidance for final disposition.

The committee did not take action on HB 2331 and closed the hearing; the chair said he would work with staff and conferees to clarify notification procedures, veteran-related language and statute references before scheduling further action.

Next steps: committee staff will consider a technical revision (page 2 cross-reference) and clarify whether public-notice language should include county websites; members also requested a bill brief confirming the exact statutory waiting periods referenced in the draft.