House File 2349 - Introduced HOUSE FILE 2349 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 568) (COMPANION TO SF 2040 BY SHIPLEY) A BILL FOR An Act relating to the final disposition of human remains. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5069HV (1) 91 ss/ko

H.F. 2349 Section 1. Section 144C.8, Code 2026, is amended to read as 1 follows: 2 144C.8 Forfeiture of authority to control. 3 A designee or person with the authority to control under 4 this chapter shall forfeit all rights and authority under a 5 declaration, or by operation of section 144C.5 , and all rights 6 and authority under the declaration, or by operation of section 7 144C.5 , shall vest in and devolve upon an alternate designee, 8 or if there is none, vest in and devolve pursuant to section 9 144C.5 , under either any of the following circumstances: 10 1. The designee or person with the authority to control 11 under this chapter is charged with murder in the first or 12 second degree or voluntary manslaughter in connection with the 13 declarant’s decedent’s death and those charges are known to a 14 third party. 15 2. The designee or person with the authority to control 16 under this chapter does not exercise the designee’s authority 17 under the declaration or the person’s authority under this 18 chapter within twenty-four hours of receiving notification of 19 the death of the declarant decedent or within forty hours of 20 the declarant’s decedent’s death, whichever is earlier. 21 3. The designee or person with the authority to control 22 under this chapter does not claim the cremated remains of the 23 decedent within thirty calendar days after receipt of a written 24 notice from a third party. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the final disposition of human remains. 29 The bill vests the authority to control the final disposition 30 of a decedent’s cremated remains in the next competent adult 31 listed in Code section 144C.5 (final disposition of remains —— 32 right to control) if a designee or person with the authority 33 to control the decedent’s remains does not claim the cremated 34 remains within 30 calendar days after receipt of a written 35 -1- LSB 5069HV (1) 91 ss/ko 1/ 2

H.F. 2349 notice from a third party. 1 The bill also makes technical changes to Code section 144C.8 2 (forfeiture of authority to control) by changing certain 3 references to “declarant” to “decedent” and adding a reference 4 to the person granted authority pursuant to Code chapter 144C 5 (final disposition Act). 6 -2- LSB 5069HV (1) 91 ss/ko 2/ 2