Senate Study Bill 3011 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to probate and cremation, burial, and funeral 1 decisions and expenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5189XC (5) 87 asf/rj

S.F. _____ Section 1. Section 144C.2, subsection 8, Code 2018, is 1 amended to read as follows: 2 8. “Declaration” means a written instrument that is executed 3 by a declarant in accordance with the requirements of this 4 chapter , and that names a designee who shall have the sole 5 responsibility and discretion for making decisions concerning 6 the final disposition of the declarant’s remains and the 7 ceremonies planned after the declarant’s death , except as 8 provided in section 144C.3, subsection 2 . 9 Sec. 2. Section 144C.3, subsections 1 and 2, Code 2018, are 10 amended to read as follows: 11 1. A declaration shall name a designee who shall have 12 the sole responsibility and discretion for making decisions 13 concerning the final disposition of the declarant’s remains and 14 the ceremonies planned after the declarant’s death , except as 15 provided in section 144C.3, subsection 2 . A declaration may 16 name one or more alternate designees and may include contact 17 information for the designees and alternate designees. 18 2. A declaration shall not may include directives for 19 final disposition of the declarant’s remains and shall not 20 may include arrangements for ceremonies planned after the 21 declarant’s death , including a directive that the declarant 22 does or does not want to be cremated . A designee shall not 23 authorize cremation if a declaration includes a directive that 24 the declarant does not want to be cremated, and shall not 25 authorize alternative arrangements if a declaration includes a 26 directive that the declarant wants to be cremated. 27 Sec. 3. Section 144C.6, subsection 1, Code 2018, is amended 28 to read as follows: 29 1. A declaration executed pursuant to this chapter may but 30 need not be in the following form: 31 I hereby designate .......... as my designee. My designee 32 shall have the sole responsibility for making decisions 33 concerning the final disposition of my remains and the 34 ceremonies to be performed after my death , except that the 35 -1- LSB 5189XC (5) 87 asf/rj 1/ 4

S.F. _____ declarant may document the declarant’s wishes by initialing one 1 of the following: 2 .... I want my remains to be cremated. 3 .... I do not want my remains to be cremated . This 4 declaration hereby revokes all prior declarations. This 5 designation becomes effective upon my death. 6 My designee shall act in a manner that is reasonable under the 7 circumstances. 8 I may revoke or amend this declaration at any time. I 9 agree that a third party (such as a funeral or cremation 10 establishment, funeral director, or cemetery) who receives a 11 copy of this declaration may act in reliance on it. Revocation 12 of this declaration is not effective as to a third party until 13 the third party receives notice of the revocation. My estate 14 shall indemnify my designee and any third party for costs 15 incurred by them or claims arising against them as a result of 16 their good faith reliance on this declaration. 17 I execute this declaration as my free and voluntary act. 18 Sec. 4. Section 144C.10, subsection 1, Code 2018, is amended 19 to read as follows: 20 1. The Except as directed by the declarant concerning 21 cremation pursuant to section 144C.6, subsection 1, the 22 designee designated in a declaration shall have the sole 23 discretion pursuant to the declaration to determine what final 24 disposition of the declarant’s remains and ceremonies to be 25 performed after the declarant’s death are reasonable under the 26 circumstances. 27 Sec. 5. Section 633.425, subsection 3, Code 2018, is amended 28 to read as follows: 29 3. Reasonable funeral and burial expenses that conform to 30 the decedent’s wishes, if any, as expressed in a declaration 31 under chapter 144C . If the personal representative of 32 the decedent’s estate determines that funeral and burial 33 arrangements did not conform with the decedent’s wishes, if 34 any, as expressed in a declaration under chapter 144C, the 35 -2- LSB 5189XC (5) 87 asf/rj 2/ 4

S.F. _____ expenses shall not be a debt of the decedent’s estate. 1 Sec. 6. APPLICABILITY. The following apply July 1, 2018, 2 to declarations made and not revoked under chapter 144C that 3 became effective on or after July 1, 2018: 4 1. The section of this Act amending section 144C.2, 5 subsection 8. 6 2. The section of this Act amending section 144C.3, 7 subsections 1 and 2. 8 3. The section of this Act amending section 144C.6, 9 subsection 1. 10 4. The section of this Act amending section 144C.10, 11 subsection 1. 12 Sec. 7. APPLICABILITY. The following applies July 1, 2018, 13 to estates of decedents being probated on or after July 1, 14 2018: 15 The section of this Act amending section 633.425, subsection 16 3. 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 probate and cremation, burial, and 21 funeral decisions and expenses. 22 The bill amends Code sections 144C.2(8) and 144C.3(1) and 23 (2) to allow a declaration to include directives for final 24 disposition of the declarant’s remains, including whether the 25 declarant wants to be cremated. The bill prohibits a designee 26 from authorizing arrangements contrary to the declarant’s 27 cremation wishes. The bill amends the declaration form in 28 Code section 144C.6(1) and a corresponding provision in Code 29 section 144C.10(1) to allow a declarant to initial whether 30 the declarant wants the declarant’s remains cremated. These 31 amendments apply July 1, 2018, to declarations made and not 32 revoked under Code chapter 144C on or after July 1, 2018. 33 The bill amends the definition of reasonable funeral and 34 burial expenses in Code section 633.425(3) to include only 35 -3- LSB 5189XC (5) 87 asf/rj 3/ 4

S.F. _____ expenses for funeral and burial arrangements that conform to 1 the decedent’s wishes as expressed in a declaration under Code 2 chapter 144C. It states that if not in conformity with the 3 decedent’s wishes, the funeral and burial expenses shall not 4 be a debt of the decedent’s estate. This amendment applies to 5 estates of decedents being probated on or after July 1, 2018. 6 -4- LSB 5189XC (5) 87 asf/rj 4/ 4