Legislation

To see the full text of the bills, simply click on the bill numbers provided above.  Information on all legislation can be obtained from the web site of the  Kansas Legislature.  Under the heading of Track a Bill (located towards the bottom of the right side of the home page) simply type in the bill number.

  October 15, 2009 KSBMA Rule Book (244 kb pdf) 

A copy of the current KSBMA rule book that also contains some selected laws governed by other state agencies.  This edition of the rule book was last updated on October 15, 2009.  Some of the above files are pdf documents.  If you do not already have Adobe Acrobat Reader already installed on your computer, please visit their site to download it.

---

The 2009-2010 Kansas Legislature convened for year two of the two year 2009-2010 Legislative Session on Monday, January 11, 2010. 

    Senate Bill 391  Anatomical Gifts;  First person donor registry.  SB 391 Fiscal Note  SB 391 Supplemental Note  The bill would amend two sections of the Revised Uniform Anatomical Gift Act enacted in 2007.  It passed the Senate, 39-0 and has been referred to the House Judiciary Committee.

   Senate Bill 475  A bill introduced at the request of the Kansas Funeral Directors Association (KFDA) defining funeral services, for the purpose of regulating funeral directors.  The bill would amend KSA 2009 Supp. 65-1713 and would repeal the existing section.  SB 475 Fiscal Note   A hearing is scheduled for 1:30 pm on Thursday, February 11, 2010 at the State Capitol in Room 546-S with the Senate Public Health and Welfare Committee.

    Senate Bill 506  A bill introduced at the request of the Kansas State Board of Mortuary Arts (KSBMA) that would set up licensure of individual crematory operators and increase the fee maximums of the KSBMA.  It would amend KSA 65-1760, 65-1763, 65-1764, 65-1765, 65-1766, 65-1767 and  KSA 2009 Supp. 65-1727 and 65-1762 and would repeal the existing sections.  The bill was referred to the Senate Public Health and Welfare Committee.

    House Bill 2588   A bill introduced at the request of the KFDA that would increase the maximum limitation on irrevocable prefinanced funeral agreement funds from $5,000 to $7,000.  The bill would amend KSA 16-303 and repeal the existing section.  The bill was referred to the House Health and Human Services Committee.

    House Bill 2589   A bill introduced at the request of the KFDA that add disclosures on prefinanced funeral agreements.  The bill was referred to the House Health and Human Services Committee where a hearing will be held on Monday, February 8, 2010 at 1:30 p.m. in the Docking State Office Building (DSOB), Room 784 (due to construction in the State Capitol Building.)

---

The 2009-2010 Kansas Legislature convened on Monday, January 12, 2009 and adjourned following Sine Die on Thursday, June 4, 2009.   The Legislative Session is for two years, 2009 and 2010.  Some bills affecting funeral service, the KSBMA or related entities, include:

  Senate Bill 87  A bill that would make changes to the Kansas Administrative Procedure Act (KAPA) involving disclosure of certain records, administrative procedure and judicial review.  How licensure agencies, such as the KSBMA, prosecute cases.  The bill was amended and passed the Senate, 39-1.  The House Judiciary Committee amended the bill, and it passed the House as amended, 125-0.  On 3/25/09 the bill went to conference committee.  4/1/09 the House adopted the Conference Committee Report, 124-0.  4/2/09 The Senate adopted the conference committee report, 39-0.  The bill was approved by Governor Sebelius on April 20, 2009 and will become law upon publication in the statute book, July 1, 2009.

  Senate Bill 320  A bill that would make changes to the Funeral Assistance Program (FAP) of the Kansas Department of Social and Rehabilitation Services (SRS)--decreasing the maximum amount from $680 to $545 per case.  That amount along with related information is currently defined in KAR 30-4-98.  The bill was referred to the Senate Ways and Means Committee.

  House Bill 2109  A bill that would enact the Kansas Uniform Health Care Decisions Act and amend KSA 65-1734  involving the durable power of attorney for health care decisions.  The bill was referred to the House Judiciary Committee.

  House Bill 2201  A bill concerning conditions on professional licenses if delinquent in child support.  The bill was amended and passed the House, 114-5, and passed the Senate, 40-0 and was approved by the Governor on 4/6/09 and will become law upon publication in the Kansas Register.

  House Bill 2332   A bill concerning crimes, punishment and criminal prosecution, including KSA 16-305 and KSA 21-4111.  The House Corrections and Juvenile Justice Committee held a hearing on February 25-26, 2009, amended the bill and recommended passage of the bill as amended.

  During the Omnibus Session, the Kansas Legislature swept of $52,558 from the Kansas State Board of Mortuary Arts (KSBMA) fee fund and Kansas Savings Incentive Program (KSIP) fund to the State General Fund (SGF) in Senate Substitute for House BIll 2373.  The bill is hard to read, but page seven/section 12 addresses the transfer of KSIP funds of $29,834.  Page 40, section 47 addresses the transfer of KSBMA fee funds in current fiscal year (FY) 2009 (July 1, 2008--June 30, 2009) of $5,554 and $8,298 and in FY 2010 (July 1, 2009--June 30, 2010) of $8,872.  The bill passed the Senate by a vote of 21-17 as can be viewed in the Senate Journal of May 5, 2009 on page 812.  A motion that would have denied the sweeping of fee funds was rejected by the Senate and can be viewed starting on page 811 of that same journal.  Two days later, the House concurred with the Senate by a vote of 64-60, which can be viewed on page 713 of the House Journal on May 7, 2009.  These links require Adobe Acrobat Reader in order to view.  The KSBMA wrote Governor Parkinson and requested a line item veto of these fee sweeps.  With the current economic situation, the KSBMA wants to be a team player with all budget cuts.  The objection is to the sweeping of special revenue fee funds to the state's general fund to pay for other state expenses.  Attorney General Opinion 2002-45 addresses this issue.  The Governor approved this bill on May 22, 2009.  The KSBMA funds previously mentioned were swept to the SGF.  These sweeps were in addition to cuts of an additional $3,947 in FY 2009, $6,146 in FY 2010 and $24,382 which were made from original agency requests totaling $76,940 over three fiscal years.  $24,382 of these funds will remain in the agency's fee fund for future use--as approved by the Legislature and Governor.  Increases for FY 2011 can be requested in the upcoming legislative session as agency budgets for FY 2010 and FY 2011 are identical as they currently stand.

  The SRS Funeral Assistance Program (FAP)   Effective July 1, 2009, SRS will decrease the maximum benefit paid from $680.00 to $550.00.  During the Omnibus/Veto Session, the legislature cut an additional 2.7% from state budgets.  SRS indicated that they will have to seek supplemental funding in the 2010 legislative session to have enough money to fund the program for FY 2010 which runs July 1, 2009 until June 30, 2010 due to budget cuts amounting to $290,000.

Some of the above files are pdf documents.  If you do not already have Adobe Acrobat Reader already installed on your computer, please visit their site to download it.

To see the full text of the bills, simply click on the bill numbers provided above.  To view the legislative history of any bill, please select  Kansas Legislature and go down to the bottom right side of the Legislative web site and enter the bill number under Track a Bill.

Bills Passed by the 2008 Kansas Legislature: