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Minutes for SB97 - Committee on Local Government
Short Title
Defining "purposes of sepulture" for purposes of the laws governing cemetery corporations.
Minutes Content for Thu, Feb 4, 2021
Mark McGilley, owner of McGilley & Frye Funeral Home, testified as a proponent to SB 97. Mr. McGilley concluded the amendment simply amended current Kansas statutes and defined "purposes of sepulture." Mr. McGilley answered questions from the committee. (Attachment 1)
Pam Scott, executive director of the Kansas Funeral Directors Association testified as an opponent to the bill. Ms. Scott states the added definition would inaccurately describe sepulture and change previous case law. Opponents repeatedly brought up a Kansas Court of Appeals case: Connoly V. Frobenius (1978) that dealt with a similar issue. (Attachment 2), (Attachment 3), and (Attachment 4).
William Sneed, legislative counsel for Newcomer Funeral Services, introduced John Newcomer in front of the committee as an opponent to the bill. (Attachment 5)
John Newcomer argued the bill would cause unfair competition and disrupt the "peaceful enjoyment" of Kansas cemeteries. (Attachment 6)
Aaron Bailey, Attorney for Sloan Law, argued as an opponent to SB 97. Mr. Bailey argued the land was donated for public use hundreds of years ago and this statute would betray families who relied on the grounds not becoming commercial lands. Mr. Bailey also referred to two other Kansas statutes that balanced the public interest and private interest of burial grounds. (Attachment 7)
Further discussion ensued within the committee.
