Senate File 162 - Introduced SENATE FILE 162 BY TAYLOR , BISIGNANO , and McCOY A BILL FOR An Act relating to the effect of certain directives contained 1 in agreements for prearranged funeral services or cemetery 2 and funeral merchandise and including an applicability date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1040XS (12) 87 av/rj

S.F. 162 Section 1. NEW SECTION . 144C.5A Agreements for prearranged 1 funeral services or cemetery and funeral merchandise —— 2 exception. 3 Notwithstanding any other provision of this chapter 4 to the contrary, if a decedent entered into an agreement 5 for prearranged funeral services or cemetery and funeral 6 merchandise as defined in and executed under chapter 523A and 7 all payments under the agreement have been made in full, any 8 directives contained in that agreement for final disposition of 9 the decedent’s remains and arrangements for ceremonies planned 10 after the decedent’s death shall be carried out, to the extent 11 that such directives are reasonable under the circumstances. 12 Sec. 2. APPLICABILITY. This Act applies to all deaths 13 occurring on or after the effective date of this Act. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill creates new Code section 144C.5A which provides 18 that notwithstanding any other provision of Code chapter 144C 19 to the contrary, if a deceased adult entered into an agreement 20 for prearranged funeral services or cemetery and funeral 21 merchandise as defined in and executed under Code chapter 22 523A and all payments under the agreement have been made in 23 full, the directives contained in that agreement for final 24 disposition of the decedent’s remains or ceremonies to be held 25 after the decedent’s death must be carried out, to the extent 26 that such directives are reasonable under the circumstances. 27 Currently, Code chapter 144C provides that a person 28 specified in the statute (either a person designated by the 29 decedent in a declaration, a member of the decedent’s family, 30 or another specified person) has the “sole responsibility and 31 discretion” and “right to control” final disposition of a 32 decedent’s remains and the arrangements for a ceremony after 33 the decedent’s death. The statute specifically prohibits a 34 decedent from including directives concerning final disposition 35 -1- LSB 1040XS (12) 87 av/rj 1/ 2

S.F. 162 of the decedent’s remains or arrangements for post-death 1 ceremonies in a declaration. 2 The bill creates an exception to this right of control by 3 a person other than the decedent, where the decedent has a 4 validly executed agreement for prearranged funeral services or 5 cemetery and funeral merchandise. 6 -2- LSB 1040XS (12) 87 av/rj 2/ 2