House File 377 - Introduced HOUSE FILE 377 BY SALMON A BILL FOR An Act related to unclaimed cremated remains. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1643YH (8) 86 aw/sc

H.F. 377 Section 1. Section 144.27, Code 2015, 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 12 death certificate under this section may after a period of 13 thirty days release to federally chartered veterans service 14 organizations the name of a deceased person whose cremated 15 remains are not claimed by a relative, for the purposes of 16 determining whether the deceased person is a veteran and is 17 eligible for interment at a veterans cemetery. If obtained 18 pursuant to subsection 1, the funeral director shall also 19 release to such organizations the social security number and 20 military separation or discharge document, or such similar 21 federal document of such a person. 22 b. If a federally chartered veterans service organization 23 determines that the cremated remains of the deceased person are 24 eligible for interment at a veterans cemetery, the organization 25 shall notify the funeral director of the determination. If the 26 cremated remains have not been claimed by a relative thirty 27 days after the funeral director receives notice under this 28 paragraph, all rights to the cremated remains shall cease, and 29 the funeral director shall transfer the cremated remains to 30 the federally chartered veterans service organization if the 31 organization has secured arrangements for the interment of the 32 cremated remains at a veterans cemetery. 33 c. A funeral director providing information or transferring 34 cremated remains shall be immune from criminal or civil 35 -1- LSB 1643YH (8) 86 aw/sc 1/ 2

H.F. 377 liability arising from any actions in accordance with the 1 provisions of this subsection. Such immunity shall not apply 2 to acts or omissions constituting negligence, recklessness, or 3 intentional misconduct. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to unclaimed cremated remains. The bill 8 provides that a funeral director responsible for filing a death 9 certificate may after 30 days release to federally chartered 10 veterans service organizations the name of a deceased person 11 whose cremated remains are not claimed by a relative, for 12 the purposes of determining whether the deceased person is a 13 veteran and is eligible for interment at a veterans cemetery, 14 along with release of the person’s social security number and 15 military separation or discharge documents, if available. If 16 such an organization determines that the cremated remains 17 are eligible for interment at a veterans cemetery, the 18 organization is required to notify the funeral director of the 19 determination. The bill provides that if the cremated remains 20 have not been claimed by a relative 30 days after the funeral 21 director receives such notice that all rights to the cremated 22 remains shall cease, and the funeral director is required 23 to transfer the cremated remains to the federally chartered 24 veterans service organization that made the determination 25 for interment at a veterans cemetery if the organization has 26 secured such arrangements. 27 The bill provides that a funeral director providing 28 information or transferring cremated remains is immune from 29 criminal and civil liability arising from any actions in 30 accordance with the provisions of the bill, but provides that 31 such immunity shall not apply to acts or omissions constituting 32 negligence, recklessness, or intentional misconduct. 33 -2- LSB 1643YH (8) 86 aw/sc 2/ 2