Senate
File
2135
-
Enrolled
Senate
File
2135
AN
ACT
RELATING
TO
THE
FINAL
DISPOSITION
AND
DISINTERMENT
OF
HUMAN
REMAINS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
144.1,
Code
2020,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
“Cremated
remains”
means
all
the
remains
of
the
cremated
human
body
recovered
after
the
completion
of
the
cremation
process,
including
pulverization
which
leaves
only
bone
fragments
reduced
to
unidentifiable
dimensions,
and
may
include
the
residue
of
any
foreign
matter
including
casket
material,
bridgework,
or
eyeglasses
that
were
cremated
with
the
human
remains.
NEW
SUBSECTION
.
3B.
“Cremation”
means
the
technical
process,
using
heat
and
flame,
that
reduces
human
remains
to
bone
fragments,
with
the
reduction
taking
place
through
heat
and
evaporation.
Cremation
shall
include
the
processing,
and
may
include
the
pulverization,
of
the
bone
fragments.
Sec.
2.
Section
144.34,
Code
2020,
is
amended
to
read
as
follows:
144.34
Disinterment
——
permit.
1.
a.
Disinterment
of
a
dead
body
or
fetus
,
without
a
court
order,
shall
be
allowed
for
the
purpose
of
autopsy
or
reburial
only,
and
then
only
if
accomplished
supervised
by
a
funeral
director.
A
permit
for
such
disinterment
and,
thereafter,
reinterment
shall
be
issued
by
the
state
registrar
according
to
Senate
File
2135,
p.
2
rules
adopted
pursuant
to
chapter
17A
or
when
ordered
by
the
district
court
of
the
county
in
which
such
body
is
buried.
b.
Disinterment
of
cremated
remains,
without
a
court
order,
shall
be
allowed,
but
only
if
supervised
by
a
funeral
director.
c.
The
state
registrar,
without
a
court
order,
shall
not
issue
a
permit
without
the
consent
of
the
person
authorized
to
control
the
decedent’s
remains
under
section
144C.5
.
2.
a.
Disinterment
of
a
dead
body
or
fetus
for
the
purpose
of
reburial
may
be
allowed
by
court
order
only
upon
a
showing
of
substantial
benefit
to
the
public
,
and
then
only
if
supervised
by
a
funeral
director
.
b.
Disinterment
of
a
dead
body
or
fetus
for
the
purpose
of
autopsy
or
reburial
by
court
order
shall
be
allowed
only
when
reasonable
cause
is
shown
that
someone
is
criminally
or
civilly
responsible
for
such
death,
after
hearing,
upon
reasonable
notice
prescribed
by
the
court
to
the
person
authorized
to
control
the
decedent’s
remains
under
section
144C.5
,
and
then
only
if
supervised
by
a
funeral
director
.
c.
Disinterment
of
a
dead
body
or
fetus
for
the
purpose
of
cremation
may
be
allowed
by
court
order
only
if
supervised
by
a
funeral
director.
Subsequent
to
the
disinterment,
cremation
of
the
body
shall
only
be
allowed
upon
a
determination
by
the
state
or
county
medical
examiner
that
the
death
was
due
to
natural
causes.
3.
A
permit
for
disinterment
shall
be
issued
by
the
state
registrar
according
to
rules
adopted
pursuant
to
chapter
17A
or
when
ordered
by
the
district
court
of
the
county
in
which
such
body
is
buried.
A
person
authorized
to
control
final
disposition
of
a
decedent’s
remains
under
section
144C.5
is
an
interested
person
and
shall
be
entitled
to
notice
prior
to
the
obtaining
of
a
court
order.
4.
Due
consideration
under
this
section
shall
be
given
to
the
public
health,
the
dead,
and
the
feelings
of
relatives
preferences
of
a
person
authorized
to
control
final
disposition
of
a
decedent’s
remains
under
section
144C.5,
and
any
court
order
.
Sec.
3.
Section
144C.3,
subsection
4,
Code
2020,
is
amended
to
read
as
follows:
4.
A
funeral
director,
an
attorney,
or
any
agent,
owner,
or
Senate
File
2135,
p.
3
employee
of
a
funeral
establishment,
cremation
establishment,
cemetery,
elder
group
home,
assisted
living
program,
adult
day
services
program,
or
licensed
hospice
program
shall
not
serve
as
a
designee
unless
married
to
the
declarant
or
related
to
the
declarant
within
the
third
degree
of
consanguinity.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2135,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor