Senate File 2126 - Introduced SENATE FILE 2126 BY GREEN A BILL FOR An Act relating to the regulation of private burial sites by 1 counties and cities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5307XS (2) 91 ms/js
S.F. 2126 Section 1. Section 331.301, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 30. a. A county shall adopt an ordinance 3 that establishes regulations governing the burial of human 4 remains on property located within the county, but outside the 5 corporate limits of any city, that is not owned and operated 6 with the main purpose of being a cemetery. The ordinance 7 shall, at a minimum, require the person authorized to conduct 8 burials to submit a document notifying the county that a burial 9 occurred on the property. 10 b. The county shall allow a burial on private property if 11 the requirements from all applicable laws and regulations, 12 including state and federal, are met. The county assumes no 13 liability for damages caused by a burial on private property. 14 Sec. 2. Section 364.3, Code 2026, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 24. a. A city shall adopt an ordinance 17 that establishes regulations governing the burial of human 18 remains on property located within the city that is not owned 19 and operated with the main purpose of being a cemetery. The 20 ordinance shall, at a minimum, require the person authorized to 21 conduct burials to submit a document notifying the city that a 22 burial occurred on the property. 23 b. The city shall allow a burial on private property if 24 the requirements from all applicable laws and regulations, 25 including state and federal, are met. The city assumes no 26 liability for damages caused by a burial on private property. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires counties and cities to adopt an ordinance 31 that establishes regulations on burials to occur on property 32 that is not owned and operated with the main purpose of being a 33 cemetery. At a minimum, the ordinance shall require the person 34 authorized to conduct burials to submit a document notifying 35 -1- LSB 5307XS (2) 91 ms/js 1/ 2
S.F. 2126 the county or city that a burial occurred on the property. The 1 bill specifies that a county or city shall allow a burial on 2 private property if the requirements of any applicable laws 3 and regulations are met. A county or city does not assume any 4 liability for damages caused by a burial on private property. 5 -2- LSB 5307XS (2) 91 ms/js 2/ 2