Brief ⁽¹⁾

SB 556 creates a new law that sets out a statutory order of priority of persons who may order the burial, cremation, entombment, or anatomical donation of the remains of a decedent. As provided in the bill, a funeral director, funeral establishment, or crematory is not to be subject to criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the person or persons authorized by the new statute to give such instruction if the funeral director reasonably believes such person was entitled to control the final disposition of the remains of the decedent.

The Senate Committee amendments are primarily technical and clarifying in nature.

The House Committee amendment restores the bill to the form in which it was amended by Senate Committee by deleting the amendment made in the Senate Committee of the Whole.

Background

The introduction of SB 556 was requested by the Kansas Funeral Directors Association whose representative testified as to the problems that can arise when there is no one person designated to authorize the disposition, to represent the decedent's wishes, or if the decedent has not given directions for disposition. Support was expressed by a representative of the Board of Mortuary Arts who also proposed the amendments adopted by the Committee. No one appeared in opposition to the bill.

The member of the Senate who offered the amendment adopted in the Senate Committee of the Whole expressed agreement with deleting the amendment.

The fiscal note on the bill indicates no fiscal effect from enactment of SB 556.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html