HF 377 (LSB 1643YH (8) 86)

HOUSE FILE 377

BY  SALMON

A BILL FOR

An Act related to unclaimed cremated remains.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144.27, Code 2015, is amended to read as follows:
   144.27  Funeral director’s duty.
   1.  The funeral director who first assumes custody of a dead body shall file the death certificate, obtain the personal data from the next of kin or the best qualified person or source available and obtain the medical certification of cause of death from the person responsible for completing the certification. When a person other than a funeral director assumes custody of a dead body, the person shall be responsible for carrying out the provisions of this section.
   2.  a.  A funeral director responsible for filing a death certificate under this section may after a period of thirty days release to federally chartered veterans service organizations the name of a deceased person whose cremated remains are not claimed by a relative, for the purposes of determining whether the deceased person is a veteran and is eligible for interment at a veterans cemetery. If obtained pursuant to subsection 1, the funeral director shall also release to such organizations the social security number and military separation or discharge document, or such similar federal document of such a person.
   b.  If a federally chartered veterans service organization determines that the cremated remains of the deceased person are eligible for interment at a veterans cemetery, the organization shall notify the funeral director of the determination. If the cremated remains have not been claimed by a relative thirty days after the funeral director receives notice under this paragraph, all rights to the cremated remains shall cease, and the funeral director shall transfer the cremated remains to the federally chartered veterans service organization if the organization has secured arrangements for the interment of the cremated remains at a veterans cemetery.
   c.  A funeral director providing information or transferring cremated remains shall be immune from criminal or civil liability arising from any actions in accordance with the provisions of this subsection. Such immunity shall not apply to acts or omissions constituting negligence, recklessness, or intentional misconduct.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to unclaimed cremated remains. The bill provides that a funeral director responsible for filing a death certificate may after 30 days release to federally chartered veterans service organizations the name of a deceased person whose cremated remains are not claimed by a relative, for the purposes of determining whether the deceased person is a veteran and is eligible for interment at a veterans cemetery, along with release of the person’s social security number and military separation or discharge documents, if available. If such an organization determines that the cremated remains are eligible for interment at a veterans cemetery, the organization is required to notify the funeral director of the determination. The bill provides that if the cremated remains have not been claimed by a relative 30 days after the funeral director receives such notice that all rights to the cremated remains shall cease, and the funeral director is required to transfer the cremated remains to the federally chartered veterans service organization that made the determination for interment at a veterans cemetery if the organization has secured such arrangements.
   The bill provides that a funeral director providing information or transferring cremated remains is immune from criminal and civil liability arising from any actions in accordance with the provisions of the bill, but provides that such immunity shall not apply to acts or omissions constituting negligence, recklessness, or intentional misconduct.