Senate
Study
Bill
3056
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
a
disinterment
permit
for
human
and
cremated
1
remains.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
144.34,
Code
2020,
is
amended
to
read
as
1
follows:
2
144.34
Disinterment
——
permit.
3
Disinterment
of
the
human
remains
or
cremated
remains
of
a
4
dead
body
or
fetus
shall
be
allowed
for
the
purpose
of
autopsy
5
or
reburial
only,
and
then
only
following
issuance
of
a
permit
6
under
this
section
and
if
accomplished
by
a
funeral
director.
7
A
permit
for
such
disinterment
and,
thereafter,
reinterment
8
shall
be
issued
by
the
state
registrar
according
to
rules
9
adopted
pursuant
to
chapter
17A
or
when
ordered
by
the
district
10
court
of
the
county
in
which
the
burial
or
disposition
of
such
11
body
is
buried
human
remains
or
cremated
remains
is
made
.
The
12
state
registrar,
without
a
court
order,
shall
not
issue
a
13
permit
without
the
consent
of
the
person
authorized
to
control
14
the
decedent’s
remains
under
section
144C.5
.
Disinterment
for
15
the
purpose
of
reburial
may
be
allowed
by
court
order
only
upon
16
a
showing
of
substantial
benefit
to
the
public.
Disinterment
17
for
the
purpose
of
autopsy
or
reburial
by
court
order
shall
18
be
allowed
only
when
reasonable
cause
is
shown
that
someone
19
is
criminally
or
civilly
responsible
for
such
death,
after
20
hearing,
upon
reasonable
notice
prescribed
by
the
court
to
21
the
person
authorized
to
control
the
decedent’s
remains
under
22
section
144C.5
.
Due
consideration
shall
be
given
to
the
public
23
health,
the
dead,
and
the
feelings
of
relatives.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
disinterment
of
a
dead
body
or
fetus
28
for
the
purposes
of
autopsy
or
reburial.
The
bill
provides
29
that
requirements
for
disinterment
apply
to
both
human
remains
30
and
cremated
remains
and
that
disinterment
is
subject
to
the
31
issuance
of
a
permit
by
the
state
registrar
or
the
order
of
a
32
district
court.
33
ARC
4849C
amends
an
administrative
rule
governing
the
34
issuance
of
disinterment
permits
for
human
(non-cremated)
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remains
and
cremated
remains.
ARC
4849C
would
exempt
cremated
1
remains
from
the
required
issuance
of
a
permit
for
any
2
relocation
of
remains
from
the
original
site
of
interment
or
3
entombment
if
the
purpose
is
for
autopsy
or
burial.
ARC
4849C
4
will
go
into
effect
upon
the
adjournment
of
the
2020
session
5
of
the
general
assembly
if
the
general
assembly
does
not
take
6
action
relating
to
this
rulemaking.
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