House File 2266 - Introduced HOUSE FILE 2266 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HF 2127) A BILL FOR An Act concerning unclaimed cremated remains. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5487HV (2) 86 ec/sc

H.F. 2266 Section 1. Section 144.27, Code 2016, is amended to read as 1 follows: 2 144.27 Funeral director’s duty. 3 1. The funeral director who first assumes custody of a dead 4 body shall file the death certificate, obtain the personal 5 data from the next of kin or the best qualified person or 6 source available and obtain the medical certification of 7 cause of death from the person responsible for completing the 8 certification. When a person other than a funeral director 9 assumes custody of a dead body, the person shall be responsible 10 for carrying out the provisions of this section . 11 2. a. A funeral director responsible for filing a death 12 certificate under this section may after a period of one 13 hundred eighty days release to the department of veterans 14 affairs the name of a deceased person whose cremated remains 15 are not claimed by a relative, for the purposes of determining 16 whether the deceased person is a veteran or dependent of a 17 veteran and is eligible for inurnment at a national or state 18 veterans cemetery. If obtained pursuant to subsection 1, the 19 funeral director may also release to the department of veterans 20 affairs documents of identification, including but not limited 21 to the social security number, military service number, and 22 military separation or discharge documents, or such similar 23 federal or state documents, of such a person. 24 b. If the department of veterans affairs determines that 25 the cremated remains of the deceased person are eligible 26 for inurnment at a national or state veterans cemetery, 27 the department of veterans affairs shall notify the funeral 28 director of the determination. If the cremated remains have 29 not been claimed by a relative one hundred eighty days after 30 the funeral director receives notice under this paragraph “b” , 31 all rights to the cremated remains shall cease, and the funeral 32 director shall transfer the cremated remains to an eligible 33 veterans organization if the eligible veterans organization has 34 secured arrangements for the inurnment of the cremated remains 35 -1- LSB 5487HV (2) 86 ec/sc 1/ 3

H.F. 2266 at a national or state veterans cemetery. For purposes of this 1 subsection, an “eligible veterans organization” means a veterans 2 service organization organized for the benefit of veterans and 3 chartered by the United States Congress or a veterans remains 4 organization exempt from federal income taxes under section 5 501(c)(3) of the Internal Revenue Code that is recognized by 6 the department of veterans affairs to inurn unclaimed cremated 7 remains. 8 c. A funeral director providing information or transferring 9 cremated remains shall be immune from criminal, civil, or other 10 regulatory liability arising from any actions in accordance 11 with this subsection. In addition, the department of veterans 12 affairs, a national or state veterans cemetery, and an eligible 13 veterans organization shall be immune from criminal, civil, 14 or other regulatory liability arising from any actions in 15 accordance with this subsection. Such immunity shall not apply 16 to acts or omissions constituting intentional misconduct. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to unclaimed cremated remains. The bill 21 provides that a funeral director responsible for filing a 22 death certificate may after 180 days release to the department 23 of veterans affairs the name of a deceased person whose 24 cremated remains are not claimed by a relative, for the 25 purposes of determining whether the deceased person is a 26 veteran or dependent of a veteran and is eligible for inurnment 27 at a veterans cemetery, along with release of documents of 28 identification, including the person’s social security number, 29 military service number, and military separation or discharge 30 documents, if available. If the department determines that 31 the cremated remains are eligible for inurnment at a veterans 32 cemetery, the organization is required to notify the funeral 33 director of the determination. The bill provides that if 34 the cremated remains have not been claimed by a relative 180 35 -2- LSB 5487HV (2) 86 ec/sc 2/ 3

H.F. 2266 days after the funeral director receives such notice that all 1 rights to the cremated remains shall cease, and the funeral 2 director is required to transfer the cremated remains to a 3 chartered veterans service organization or veterans remains 4 organization that made the determination for inurnment at a 5 veterans cemetery if the applicable organization has secured 6 such arrangements. 7 The bill provides that a funeral director providing 8 information or transferring cremated remains, the department of 9 veterans affairs, a national or state veterans organization, 10 a veterans service organization, and a veterans remains 11 organization, are immune from liability arising from any 12 actions in accordance with the provisions of the bill, 13 but provides that such immunity shall not apply to acts or 14 omissions constituting intentional misconduct. 15 -3- LSB 5487HV (2) 86 ec/sc 3/ 3