SF 2040 (LSB 5069XS (2) 91)

SENATE FILE 2040

BY  SHIPLEY

A BILL FOR

An Act relating to the final disposition of human remains.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144C.8, Code 2026, is amended to read as follows:
   144C.8  Forfeiture of authority to control.
   A designee or person with the authority to control under this chapter shall forfeit all rights and authority under a declaration, or by operation of section 144C.5, and all rights and authority under the declaration, or by operation of section 144C.5, shall vest in and devolve upon an alternate designee, or if there is none, vest in and devolve pursuant to section 144C.5, under either any of the following circumstances:
   1.  The designee or person with the authority to control under this chapter is charged with murder in the first or second degree or voluntary manslaughter in connection with the declarant’s decedent’s death and those charges are known to a third party.
   2.  The designee or person with the authority to control under this chapter does not exercise the designee’s authority under the declaration or the person’s authority under this chapter within twenty-four hours of receiving notification of the death of the declarant decedent or within forty hours of the declarant’s decedent’s death, whichever is earlier.
   3.  The designee or person with the authority to control under this chapter does not claim the cremated remains of the decedent within thirty calendar days after receipt of a written notice from a third party.
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 the final disposition of human remains. The bill vests the authority to control the final disposition of a decedent’s cremated remains in the next competent adult listed in Code section 144C.5 (final disposition of remains —— right to control) if a designee or person with the authority to control the decedent’s remains does not claim the cremated remains within 30 calendar days after receipt of a written notice from a third party.
   The bill also makes technical changes to Code section 144C.8 (forfeiture of authority to control) by changing certain references to “declarant” to “decedent” and adding a reference to the person granted authority pursuant to Code chapter 144C (final disposition Act).