SF 2126 (LSB 5307XS (2) 91)

SENATE FILE 2126

BY  GREEN

A BILL FOR

An Act relating to the regulation of private burial sites by counties and cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  30.  a.  A county shall adopt an ordinance that establishes regulations governing the burial of human remains on property located within the county, but outside the corporate limits of any city, that is not owned and operated with the main purpose of being a cemetery. The ordinance shall, at a minimum, require the person authorized to conduct burials to submit a document notifying the county that a burial occurred on the property.
   b.  The county shall allow a burial on private property if the requirements from all applicable laws and regulations, including state and federal, are met. The county assumes no liability for damages caused by a burial on private property.
    Sec. 2.  Section 364.3, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  24.  a.  A city shall adopt an ordinance that establishes regulations governing the burial of human remains on property located within the city that is not owned and operated with the main purpose of being a cemetery. The ordinance shall, at a minimum, require the person authorized to conduct burials to submit a document notifying the city that a burial occurred on the property.
   b.  The city shall allow a burial on private property if the requirements from all applicable laws and regulations, including state and federal, are met. The city assumes no liability for damages caused by a burial on private property.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires counties and cities to adopt an ordinance that establishes regulations on burials to occur on property that is not owned and operated with the main purpose of being a cemetery. At a minimum, the ordinance shall require the person authorized to conduct burials to submit a document notifying the county or city that a burial occurred on the property. The bill specifies that a county or city shall allow a burial on private property if the requirements of any applicable laws and regulations are met. A county or city does not assume any liability for damages caused by a burial on private property.