Events

Notice of Public Hearing on Proposed Administrative Regulation

  • Dates:
    April 11, 2024 12:00 PM - April 11, 2024 1:00 PM
  • Location: Topeka, KS
  • Address: 700 SW Jackson

A public hearing will be conducted on Thursday, April 11, 2024, at 12:00 p.m. in the Senate Room, located in the lobby level of the Jayhawk Tower Building, 700 S.W. Jackson, Topeka, Kansas to consider the adoption of the proposed rule and regulation of the Kansas State Board of Mortuary Arts, on a permanent basis.

 

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to the Kansas State Board of Mortuary Arts, 700 S.W. Jackson, Suite 904, Topeka, Kansas 66603-3733 or by email to jw.carey@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulation during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

 

Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the proposed regulation and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting J.W. Carey, Executive Secretary, at (785) 296-3980 (or TTY 1-800-766-3777). The northwest entrance to the Jayhawk Tower Building is accessible. Parking is located at the northwest end of the Jayhawk Tower Building.

 

A summary of the proposed regulation and its economic impact follow.

 

Copies of the proposed regulation and the Economic Impact Statement for the proposed regulation can be viewed at the following website: http://ksbma.ks.gov/.

 

K.A.R. 63-4-1 – Payment of fees. Amendment to the language of this regulation is to increase selected fees charged by the Kansas State Board of Mortuary Arts for licensure. The proposed amendment is anticipated to have slight economic impact to specific businesses and licensees.  There is no expected economic impact on sectors, public utility ratepayers or local governments.

 

K.A.R. 63-4-1

63-4-1. Payment of fees. The following shall be charged by the Kansas state  board of mortuary arts:

Embalmer's reciprocity application fee $350.00

Embalmer's reciprocity application and funeral director's reciprocity application fee, if submitted simultaneously $350.00

Embalmer's endorsement application fee $350.00

Embalmer's biennial license and renewal fee $168.00$228.00

Apprentice embalmer's registration fee $100.00

Funeral director's examination fee $200.00

Funeral director's reciprocity application fee $350.00

Funeral director's biennial license and renewal fee $228.00$288.00

Assistant funeral director's examination fee $50.00

Assistant funeral director's application fee $150.00

Assistant funeral director's biennial license and renewal fee $180.00$204.00

Crematory operator's biennial license and renewal fee $50.00$72.00

Funeral establishment and branch establishment biennial license and renewal fee $650.00$775.00

Funeral establishment and branch establishment license and crematory license fee, if submitted simultaneously $950.00$1,200.00

Funeral establishment and branch establishment license renewal and crematory license renewal fee, if submitted simultaneously $950.00$1,200.00

Crematory license and renewal fee $650.00$775.00

Duplicate license $15.00

Rule book $5.00 

 

Kansas Administrative Regulations

Economic Impact Statement (EIS)



Kansas State Board of Mortuary Arts J.W. Carey III (785) 296-3980
Agency Agency Contact Contact Phone Number

63-4-1 ☒ Permanent      ☐ Temporary
K.A.R. Number(s)


Is/Are the proposed rule(s) and regulation(s) mandated by the federal government as a requirement for participating in or implementing a federally subsidized or assisted program?

☐ Yes
If yes, continue to fill out the remaining form to be included with the regulation packet submitted in the review process to the Department of Administration and the Attorney General. Budget approval is not required; however, the Division of the Budget will require submission of a copy of the EIS at the end of the review process.

☒ No
If no, do the total annual implementation and compliance costs for the proposed rule(s) and regulation(s), calculated from the effective date of the rule(s) and regulation(s), exceed $1.0 million over any two-year period through June 30, 2024, or exceed $3.0 million over any two-year period on or after July 1, 2024 (as calculated in Section III, F)?

☐ Yes
If yes, continue to fill out the remaining form to be included with the regulation packet submitted in the review process to the Department of Administration, the Attorney General, AND the Division of the Budget. The regulation(s) and the EIS will require Budget approval.

☒ No
If no, continue to fill out the remaining form to be included with the regulation packet submitted in the review process to the Department of Administration and the Attorney General. Budget approval is not required; however, the Division of the Budget will require submission of a copy of the EIS at the end of the review process.
Section I

Brief description of the proposed rule(s) and regulation(s).

Payment of fees.  Fees charged by the Kansas State Board of Mortuary Arts for biannual licensure as an Embalmer, Funeral Director, Assistant Funeral Director, Crematory Operator, Establishment, Branch Establishment and Crematory.

Section II

Statement by the agency if the rule(s) and regulation(s) exceed the requirements of applicable federal law, and a statement if the approach chosen to address the policy issue(s) is different from that utilized by agencies of contiguous states or the federal government.  (If the approach is different or exceeds federal law, then include a statement of why the proposed Kansas rule and regulation is different.)

Not applicable.


Section III

Agency analysis specifically addressing the following:

A. The extent to which the rule(s) and regulation(s) will enhance or restrict business activities and growth;
                     
No enhancement or restriction of business activities and growth expected.

B. The economic effect, including a detailed quantification of implementation and compliance costs, on the specific businesses, sectors, public utility ratepayers, individuals, and local governments that would be affected by the proposed rule(s) and regulation(s) and on the state economy as a whole;

There are no expected economic effects of implementation costs on the entities or individuals listed above.

Compliance costs include specific businesses and individuals (licensees) which renew biannually to comply.

Specific businesses, Funeral Establishments, Branch Establishments and Crematories individually will see $125.00 increase in compliance costs biannually.

Individuals (licensees), Embalmers, Funeral Directors, Assistant Funeral Directors, and Crematory Operators individually will see increases in compliance costs biannually listed below.
Embalmers-$60.00 biannually.
Funeral Directors-$60.00 biannually.
Assistant Funeral Directors-$24.00 biannually.
Crematory Operators-$22.00 biannually.

There are no expected economic effects of compliance costs on sectors, public utility ratepayers and local governments.


C. Businesses that would be directly affected by the proposed rule(s) and regulation(s);

Funeral Establishments, Branch Establishments, Crematories.

D. Benefits of the proposed rule(s) and regulation(s) compared to the costs;

To allow the agency to function at it currents level and ensure that licensees perform their professional services in a manner providing maximum protection of the health, safety, and welfare for the people of Kansas and to inform the public of the laws and options available to them when using the services of a licensed funeral professional.

E. Measures taken by the agency to minimize the cost and impact of the proposed rule(s) and regulation(s) on business and economic development within the State of Kansas, local government, and individuals;

The agency has not increased fees since 2011.  Not increasing fees for thirteen (13) years has been a measure to minimize the cost and impact on business and economic development within the State of Kansas, local government, and individuals.  

F. An estimate of the total annual implementation and compliance costs that are reasonably expected to be incurred by or passed along to businesses, local governments, or members of the public.  
Note:  Do not account for any actual or estimated cost savings that may be realized.

Costs to Affected Businesses – $62.50

Costs to Local Governmental Units – $0.00

Costs to Members of the Public – $0.00

Total Annual Costs – $62.50
(sum of above amounts)

Give a detailed statement of the data and methodology used in estimating the above cost estimate.

There are no expected estimates of annual implementation costs.

Affected Businesses are: Funeral Establishments, Branch Establishments and Crematories, that renew biannually to comply.  Current renewal fees are $650.00 for the affected businesses.  The proposed fee increase in the regulation would make the future renewal fees $775.00 for the affected businesses.  This is a $125.00 increase in biannual fees.  $125.00 divided by two, equals, $62.50 increase in fees annually to comply.

☐ Yes

☐ No

☒ Not
Applicable If the total implementation and compliance costs exceed $1.0 million over any two-year period through June 30, 2024, or exceed $3.0 million over any two-year period on or after July 1, 2024, and prior to the submission or resubmission of the proposed rule(s) and regulation(s), did the agency hold a public hearing to find that the estimated costs have been accurately determined and are necessary for achieving legislative intent?  If applicable, document when the public hearing was held, those in attendance, and any pertinent information from the hearing.

If applicable, click here to enter public hearing information.

Provide an estimate to any changes in aggregate state revenues and expenditures for the implementation of the proposed rule(s) and regulation(s), for both the current fiscal year and next fiscal year.

An estimate to any changes in aggregate state revenues for FY 2024 cannot be predicted due to the unknown completion of the Kansas Administrative Regulations Process.

FY 2025 estimate of changes in aggregate state revenues.

Mortuary Arts Fee Fund-$64,576.00 Total.
State General Fund-$6,457.60 Total.

No expected expenditures for implementation of the proposed rule and regulation.

Provide an estimate of any immediate or long-range economic impact of the proposed rule(s) and regulation(s) on any individual(s), small employers, and the general public.  If no dollar estimate can be given for any individual(s), small employers, and the general public, give specific reasons why no estimate is possible.

Estimate of immediate or long-range economic impact of the proposed rule and regulation provided that a licensee is considered any individual(s).

Embalmers-$60.00 biannually.
Funeral Directors-$60.00 biannually.
Assistant Funeral Directors-$24.00 biannually.
Crematory Operators-$22.00 biannually.

Estimate of immediate or long-range economic impact of the proposed rule and regulation provided that specific businesses are considered small employers.

Specific businesses, Funeral Establishments, Branch Establishments and Crematories individually will see $125.00 increase in compliance costs biannually.

No expected immediate or long-range economic impact to the general public. 

G. If the proposed rule(s) and regulation(s) increases or decreases revenues of cities, counties or school districts, or imposes functions or responsibilities on cities, counties or school districts that will increase expenditures or fiscal liability, describe how the state agency consulted with the League of Kansas Municipalities, Kansas Association of Counties, and/or the Kansas Association of School Boards.

No increase or decrease of revenues expected.

H. Describe how the agency consulted and solicited information from businesses, associations, local governments, state agencies, or institutions and members of the public that may be affected by the proposed rule(s) and regulation(s).

The Agency will allow a 60-day public comment period, before a public hearing on the proposed administrative regulation, after being published in the Kansas Register, where information from businesses, associations, local governments, state agencies, or institutions and members of the public may provide information.  


Section IV

Does the Economic Impact Statement involve any environmental rule(s) and regulation(s)?

☐ Yes
If yes, complete the remainder of Section IV.
☒ No
If no, skip the remainder of Section IV.

A. Describe the capital and annual costs of compliance with the proposed rule(s) and regulation(s), and the persons who would bear the costs.

Click here to enter agency response.

B. Describe the initial and annual costs of implementing and enforcing the proposed rule(s) and regulation(s), including the estimated amount of paperwork, and the state agencies, other governmental agencies, or other persons who would bear the costs.

Click here to enter agency response.

C. Describe the costs that would likely accrue if the proposed rule(s) and regulation(s) are not adopted, as well as the persons who would bear the costs and would be affected by the failure to adopt the rule(s) and regulation(s).

Click here to enter agency response.

D. Provide a detailed statement of the data and methodology used in estimating the costs used.

Click here to enter agency response.