SF 2110 (LSB 5113XS (5) 91)

SENATE FILE 2110

BY  STAED, DONAHUE, and BENNETT

A BILL FOR

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

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