Senate File 2110 - Introduced SENATE FILE 2110 BY STAED , DONAHUE , and BENNETT A BILL FOR An Act relating to the natural organic reduction of human 1 remains. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5113XS (5) 91 ss/ko
S.F. 2110 Section 1. Section 147.13, subsection 13, Code 2026, is 1 amended to read as follows: 2 13. For mortuary science and natural organic reduction , the 3 board of mortuary science. 4 Sec. 2. Section 147.74, Code 2026, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 29. A person licensed to operate a natural 7 organic reduction establishment pursuant to section 156A.2 may 8 use the title of “natural organic reduction facility” or “human 9 composting” when advertising the person’s business. 10 Sec. 3. Section 156.2, Code 2026, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. Persons providing natural organic 13 reduction services pursuant to chapter 156A. 14 Sec. 4. NEW SECTION . 156A.1 Definitions. 15 As used in this chapter unless context otherwise requires: 16 1. “Board” means the board of mortuary science. 17 2. “Natural organic reduction” means the contained, 18 accelerated conversion of human remains to soil. 19 3. “Natural organic reduction establishment” means a secure 20 structure, room, or other space where natural organic reduction 21 services are performed. 22 Sec. 5. NEW SECTION . 156A.2 Natural organic reduction 23 establishment —— license required. 24 1. A person shall not operate a natural organic reduction 25 establishment without a license issued by the board. 26 2. A natural organic reduction establishment shall include 27 all of the following: 28 a. A building or structure that contains one or more aerobic 29 reduction vessels for the natural organic reduction of dead 30 human bodies. 31 b. A motorized mechanical device for the processing of 32 naturally reduced remains. 33 c. A refrigerated holding facility for dead human bodies 34 awaiting natural organic reduction, which shall be secure from 35 -1- LSB 5113XS (5) 91 ss/ko 1/ 10
S.F. 2110 unauthorized personnel, preserve the dignity of the remains, 1 and protect the health and safety of the employees of the 2 natural organic reduction establishment. 3 3. To qualify for a natural organic reduction establishment 4 license, the applicant shall submit to the board a license fee 5 of four hundred twenty-five dollars and a completed application 6 on a form prescribed by the board that must include the 7 following information and be given under oath: 8 a. Proof of business form and ownership. 9 b. Proof of liability insurance coverage or other financial 10 documentation, as determined by the board by rule, that 11 demonstrates the applicant’s ability to pay damages arising 12 from the ownership, maintenance, management, or operation of a 13 natural organic reduction establishment. 14 4. The board shall perform an initial inspection of 15 a proposed natural organic reduction establishment prior 16 to issuing a license for a natural organic reduction 17 establishment. 18 5. A license issued pursuant to this section is 19 nontransferrable and is valid only for the location licensed. 20 A fifty percent or more change in ownership of a natural 21 organic reduction facility shall automatically terminate the 22 license. Separate licenses shall be required for each person 23 if two or more persons operate from the same location. 24 6. A licensee shall inform the board, on a form provided by 25 the board, of any changes to the information submitted with the 26 license application within thirty calendar days of the date of 27 the change. 28 7. a. A license issued pursuant to this section shall be 29 valid for a period of one year, beginning on July 1 and ending 30 on June 30, and may be renewed as provided by the board by rule. 31 b. The board shall impose a late filing fee of one hundred 32 dollars for an application for license renewal submitted not 33 later than thirty-one calendar days after the expiration date 34 of the license. A license not renewed within thirty-one 35 -2- LSB 5113XS (5) 91 ss/ko 2/ 10
S.F. 2110 calendar days after expiration shall lapse. 1 8. The owner of a natural organic reduction establishment 2 shall ensure that unlicensed persons employed by the natural 3 organic reduction establishment comply with the requirements of 4 this chapter and rules adopted by the board. A licensee shall 5 provide training for all unlicensed employees. 6 9. a. A natural organic reduction establishment shall not 7 accept a dead human body for natural organic reduction unless 8 the body is all of the following: 9 (1) Enclosed in a container that is suitable for natural 10 organic reduction and is impermeable or leak-resistant. 11 (2) Accompanied by a written authorization in compliance 12 with section 156A.3, subsection 3, paragraph “a” . 13 (3) Delivered by a funeral establishment licensed pursuant 14 to section 156.14. 15 b. A natural organic reduction establishment shall not 16 accept a dead human body for natural organic reduction if any 17 of the following apply: 18 (1) There is a known dispute regarding the natural organic 19 reduction of the body. 20 (2) There is a reasonable basis for questioning a 21 representation made on the written authorization completed 22 pursuant to section 156A.3, subsection 3, paragraph “a” . 23 c. If a dead human body is delivered by a funeral 24 establishment to a natural organic reduction establishment in a 25 container that is not suitable for natural organic reduction 26 or that shows signs of leaking, the dead human body shall 27 be returned to the funeral establishment or transferred to a 28 suitable container by a funeral director licensed pursuant to 29 section 156.4. 30 10. A dead human body shall not be removed from a container 31 in which it was delivered to a natural organic reduction 32 establishment except by a funeral director licensed pursuant 33 to section 156.4 and with the express written authorization of 34 the decedent’s designee pursuant to section 144C.3, or a person 35 -3- LSB 5113XS (5) 91 ss/ko 3/ 10
S.F. 2110 with authority to control pursuant to section 144C.5. 1 11. A natural organic reduction establishment shall place 2 a dead human body in an aerobic reduction vessel within a 3 reasonable time after death. 4 12. A natural organic reduction establishment shall 5 develop, implement, and maintain a system to identify dead 6 human bodies from the time the natural organic reduction 7 establishment accepts delivery of a dead human body to the 8 time naturally organically reduced remains are released to an 9 authorized party. 10 13. Except as otherwise provided by an express written 11 authorization of the decedent’s designee pursuant to section 12 144C.3, or person with authority to control pursuant to section 13 144C.5, a natural organic reduction facility shall not conduct 14 natural organic reduction in the presence of a person other 15 than authorized personnel of the natural organic reduction 16 facility. 17 14. Except as otherwise provided by an express written 18 authorization of the decedent’s designee pursuant to section 19 144C.3, or person with authority to control pursuant to section 20 144C.5, dead human bodies and naturally organically reduced 21 human remains shall not be commingled with any other dead human 22 body or naturally organically reduced human remains. A natural 23 organic reduction facility shall take all reasonable efforts to 24 completely remove and dispose of naturally organically reduced 25 human remains from the aerobic reduction vessel and any other 26 location where naturally organically reduced human remains are 27 stored. 28 15. A natural organic reduction establishment shall dispose 29 of naturally organically reduced remains and nonnaturally 30 reduced items and materials as provided in the written 31 authorization issued pursuant to section 156A.3, subsection 3, 32 paragraph “a” , or as otherwise provided by law or rule adopted 33 by the board. If naturally organically reduced remains are 34 shipped, the remains shall be transported by a method that 35 -4- LSB 5113XS (5) 91 ss/ko 4/ 10
S.F. 2110 includes a tracking system and provides a receipt signed by the 1 person accepting delivery. 2 16. If naturally organically reduced human remains are 3 unclaimed after thirty days following the completion of natural 4 organic reduction, the natural organic reduction establishment 5 shall give written notice by certified mail to the designee 6 pursuant to section 144C.3, or person with authority to control 7 pursuant to section 144C.5, to request further instructions. 8 If naturally organically reduced human remains are unclaimed 9 one hundred twenty days after the mailing of written notice, 10 the natural organic reduction establishment shall respectfully 11 dispose of the naturally organically reduced remains in any 12 lawful manner. 13 Sec. 6. NEW SECTION . 156A.3 Natural organic reduction —— 14 requirements. 15 1. A dead human body shall only undergo natural organic 16 reduction at a natural organic reduction establishment licensed 17 pursuant to section 156A.2. 18 2. Natural organic reduction shall only be conducted using 19 an aerobic reduction vessel approved by the board by rule, and 20 that is designed to promote aerobic reduction to minimize odor. 21 3. a. Natural organic reduction shall only be conducted 22 with the written authorization of the designee pursuant to 23 section 144C.3, or person with authority to control pursuant 24 to section 144C.5. The written authorization must include all 25 of the following: 26 (1) The name and date of death of the deceased. 27 (2) A statement authorizing the natural organic reduction 28 facility to naturally organically reduce the dead human body. 29 (3) The name, address, phone number, relationship to 30 the deceased, and signature of the designee or person with 31 authority to control. 32 (4) Directions for the disposition of any nonnaturally 33 organically reduced materials or items recovered from the 34 aerobic reduction vessel. 35 -5- LSB 5113XS (5) 91 ss/ko 5/ 10
S.F. 2110 (5) Acknowledgment that some of the naturally organically 1 reduced remains will be mechanically reduced to a granulated 2 appearance and included in the containers with the naturally 3 organically reduced remains. 4 (6) Directions for the ultimate disposition of the 5 naturally organically reduced remains. 6 b. A natural organic reduction establishment that reasonably 7 relies in good faith on written authorization issued pursuant 8 to paragraph “a” and otherwise complies with the law shall be 9 held harmless from civil liability and criminal prosecution for 10 actions taken by the natural organic reduction facility. 11 4. Naturally organically reduced remains shall be cured 12 appropriately following natural organic reduction, and any 13 fragments larger than one centimeter shall be reduced by 14 a motorized mechanical device to a granulated appearance 15 appropriate for final disposition and placed with the naturally 16 organically reduced remains. 17 Sec. 7. NEW SECTION . 156A.4 Natural organic reduction 18 establishment —— records required. 19 1. Each natural organic reduction establishment shall 20 maintain a record of each natural organic reduction performed 21 by the establishment. The record shall include all of the 22 following: 23 a. The name of the funeral establishment delivering the dead 24 human body for natural organic reduction. 25 b. The name of the deceased and the identification number 26 assigned to the dead human body. 27 c. The date of acceptance of delivery. 28 d. The name of the operator of the natural organic reduction 29 process and of the mechanical processor operator. 30 e. The times and dates that the dead human body was placed 31 in and removed from the aerobic reduction vessel. 32 f. The time and date that processing and inurnment of the 33 naturally organically reduced remains was completed. 34 g. The time, date, and manner of release of the naturally 35 -6- LSB 5113XS (5) 91 ss/ko 6/ 10
S.F. 2110 organically reduced remains. 1 h. The name and address of the person who signed the 2 authorization pursuant to section 156A.3, subsection 3. 3 i. All supporting documentation, including transit or 4 disposition permits, a photocopy of the death record and the 5 authorization pursuant to section 156A.3, subsection 3. 6 j. The type of aerobic reduction vessel used. 7 2. A natural organic reduction establishment shall retain 8 records described in subsection 1 for a period of ten years 9 following the date of release of naturally organically reduced 10 remains. 11 Sec. 8. NEW SECTION . 156A.5 Rules. 12 The board shall adopt rules pursuant to chapter 17A to 13 implement this chapter. 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 relates to the natural organic reduction of 18 human remains. The bill allows a licensed organic reduction 19 establishment (establishment) to perform natural organic 20 reduction of human remains, defined in the bill as the 21 contained, accelerated conversion of human remains to soil. 22 An establishment shall include a building or structure 23 containing one or more aerobic reduction vessels, a motorized 24 mechanical device for the processing of naturally reduced 25 remains, and a refrigerated holding facility for the storage 26 of dead human bodies. To obtain a natural organic reduction 27 facility license, the bill requires an applicant to submit 28 an application to the board of mortuary science (board), an 29 application fee of $425, proof of business ownership, and proof 30 of liability insurance or evidence of ability to pay damages 31 related to the operation of the establishment. The bill also 32 requires the board to perform an initial inspection of the 33 establishment prior to issuing a license. All licenses are 34 nontransferrable, valid from July 1 through June 30, and may be 35 -7- LSB 5113XS (5) 91 ss/ko 7/ 10
S.F. 2110 renewed. The bill requires the board to impose a late filing 1 fee of $100 on a renewal application submitted up to 31 days 2 after the expiration date of the license. A license that is 3 not renewed within 31 days after expiration shall lapse. 4 The bill allows an establishment to employ unlicensed 5 persons but requires the owner of the establishment to provide 6 training for the unlicensed employees and ensure that they 7 comply with relevant laws and rules of the board. 8 The bill allows an establishment to accept remains for 9 natural organic reduction only if the remains are enclosed in a 10 container that is suitable for natural organic reduction and 11 impermeable or leak-proof, delivered by a licensed funeral 12 establishment, and accompanied by a written authorization 13 from a person with authority to direct the final disposition 14 of the remains. The written authorization must include 15 the name and date of death of the deceased, a statement 16 authorizing natural organic reduction, the name, address, 17 phone number, relationship to the deceased, and signature of 18 the person who signed the written authorization, directions 19 for the disposition of any nonnaturally organically reduced 20 materials or items recovered from the natural organic reduction 21 vessel, acknowledgment that some of the naturally organically 22 reduced remains will be mechanically reduced to a granulated 23 appearance, and directions for the ultimate disposition of the 24 naturally organically reduced remains. 25 The bill prohibits an establishment from accepting a body 26 for natural organic reduction if there is a known dispute 27 regarding the natural organic reduction of the remains or if 28 there is a reasonable basis for questioning a representation 29 made on the written authorization to naturally organically 30 reduce. If remains are delivered in a container that is not 31 suitable for natural organic reduction or that shows signs of 32 leaking, the bill requires the remains to be returned to the 33 funeral establishment or transferred to a suitable container 34 by a licensed funeral director. The bill only allows remains 35 -8- LSB 5113XS (5) 91 ss/ko 8/ 10
S.F. 2110 to be removed from the container in which it was delivered 1 by a licensed funeral director and with the express written 2 authorization of the person with authority to direct the final 3 disposition of the remains. 4 The bill requires an establishment to begin natural organic 5 reduction within a reasonable time after death and to implement 6 an identification and tracking system for dead human bodies and 7 naturally organically reduced remains. The bill also requires 8 natural organic reduction to be conducted privately and 9 prohibits the commingling of dead human bodies and naturally 10 organically reduced human remains. If naturally organically 11 reduced human remains are unclaimed after 30 days following 12 completion of natural organic reduction, the bill requires 13 the establishment to give written notice by certified mail to 14 the person with authority to direct the final disposition of 15 the remains. If naturally organically reduced remains are 16 unclaimed 120 days following the mailing of written notice, the 17 bill allows the establishment to dispose of the remains in a 18 respectful and lawful manner. 19 The bill requires natural organic reduction to be performed 20 using an aerobic reduction vessel approved by the board, and 21 that is designed to promote aerobic reduction and minimize 22 odor. Following natural organic reduction, the bill requires 23 the remains to be cured appropriately and any fragments larger 24 than one centimeter to be reduced by a motorized mechanical 25 device to a granulated appearance appropriate for final 26 disposition. 27 The bill requires an establishment to maintain a record of 28 each natural organic reduction performed by the establishment. 29 The records shall include the name of the funeral establishment 30 delivering the body for natural organic reduction; the name 31 of the deceased and the identification number assigned to 32 the body; the date of acceptance of delivery; the names of 33 the operator of the natural organic reduction process and 34 mechanical processor operator; the times and dates that the 35 -9- LSB 5113XS (5) 91 ss/ko 9/ 10
S.F. 2110 body was placed in and removed from the aerobic reduction 1 vessel; the time and date that processing and inurnment of the 2 naturally organically reduced remains was completed, time, 3 date, and manner of release of the naturally organically 4 reduced remains; the name and address of the person who signed 5 the authorization for natural organic reduction; all supporting 6 documentation, including transit or disposition permits, a 7 photocopy of the death record, and the authorization for 8 natural organic reduction; and the type of aerobic reduction 9 vessel used. The bill requires an establishment to retain 10 records for 10 years. 11 The bill requires the board to adopt rules to implement the 12 bill. 13 -10- LSB 5113XS (5) 91 ss/ko 10/ 10