SF 162 (LSB 1040XS (12) 87)

SENATE FILE 162

BY  TAYLOR, BISIGNANO, and McCOY

A BILL FOR

An Act relating to the effect of certain directives contained in agreements for prearranged funeral services or cemetery and funeral merchandise and including an applicability date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  144C.5A  Agreements for prearranged funeral services or cemetery and funeral merchandise —— exception.
   Notwithstanding any other provision of this chapter to the contrary, if a decedent entered into an agreement for prearranged funeral services or cemetery and funeral merchandise as defined in and executed under chapter 523A and all payments under the agreement have been made in full, any directives contained in that agreement for final disposition of the decedent’s remains and arrangements for ceremonies planned after the decedent’s death shall be carried out, to the extent that such directives are reasonable under the circumstances. 
    Sec. 2.  APPLICABILITY.  This Act applies to all deaths occurring on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates new Code section 144C.5A which provides that notwithstanding any other provision of Code chapter 144C to the contrary, if a deceased adult entered into an agreement for prearranged funeral services or cemetery and funeral merchandise as defined in and executed under Code chapter 523A and all payments under the agreement have been made in full, the directives contained in that agreement for final disposition of the decedent’s remains or ceremonies to be held after the decedent’s death must be carried out, to the extent that such directives are reasonable under the circumstances.
   Currently, Code chapter 144C provides that a person specified in the statute (either a person designated by the decedent in a declaration, a member of the decedent’s family, or another specified person) has the “sole responsibility and discretion” and “right to control” final disposition of a decedent’s remains and the arrangements for a ceremony after the decedent’s death. The statute specifically prohibits a decedent from including directives concerning final disposition of the decedent’s remains or arrangements for post-death ceremonies in a declaration. 
   The bill creates an exception to this right of control by a person other than the decedent, where the decedent has a validly executed agreement for prearranged funeral services or cemetery and funeral merchandise.