Senate File 2135 - Reprinted SENATE FILE 2135 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3056) (As Amended and Passed by the Senate February 27, 2020 ) A BILL FOR An Act relating to the final disposition and disinterment of 1 human remains. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2135 (4) 88 pf/rh/mb

S.F. 2135 Section 1. Section 144.1, Code 2020, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 3A. “Cremated remains” means all the 3 remains of the cremated human body recovered after the 4 completion of the cremation process, including pulverization 5 which leaves only bone fragments reduced to unidentifiable 6 dimensions, and may include the residue of any foreign matter 7 including casket material, bridgework, or eyeglasses that were 8 cremated with the human remains. 9 NEW SUBSECTION . 3B. “Cremation” means the technical 10 process, using heat and flame, that reduces human remains to 11 bone fragments, with the reduction taking place through heat 12 and evaporation. Cremation shall include the processing, and 13 may include the pulverization, of the bone fragments. 14 Sec. 2. Section 144.34, Code 2020, is amended to read as 15 follows: 16 144.34 Disinterment —— permit. 17 1. a. Disinterment of a dead body or fetus , without a court 18 order, shall be allowed for the purpose of autopsy or reburial 19 only, and then only if accomplished supervised by a funeral 20 director. A permit for such disinterment and, thereafter, 21 reinterment shall be issued by the state registrar according to 22 rules adopted pursuant to chapter 17A or when ordered by the 23 district court of the county in which such body is buried. 24 b. Disinterment of cremated remains, without a court order, 25 shall be allowed, but only if supervised by a funeral director. 26 c. The state registrar, without a court order, shall not 27 issue a permit without the consent of the person authorized to 28 control the decedent’s remains under section 144C.5 . 29 2. a. Disinterment of a dead body or fetus for the 30 purpose of reburial may be allowed by court order only upon a 31 showing of substantial benefit to the public , and then only if 32 supervised by a funeral director . 33 b. Disinterment of a dead body or fetus for the purpose of 34 autopsy or reburial by court order shall be allowed only when 35 -1- SF 2135 (4) 88 pf/rh/mb 1/ 2

S.F. 2135 reasonable cause is shown that someone is criminally or civilly 1 responsible for such death, after hearing, upon reasonable 2 notice prescribed by the court to the person authorized to 3 control the decedent’s remains under section 144C.5 , and then 4 only if supervised by a funeral director . 5 c. Disinterment of a dead body or fetus for the purpose of 6 cremation may be allowed by court order only if supervised by a 7 funeral director. Subsequent to the disinterment, cremation 8 of the body shall only be allowed upon a determination by the 9 state or county medical examiner that the death was due to 10 natural causes. 11 3. A permit for disinterment shall be issued by the state 12 registrar according to rules adopted pursuant to chapter 17A 13 or when ordered by the district court of the county in which 14 such body is buried. A person authorized to control final 15 disposition of a decedent’s remains under section 144C.5 is an 16 interested person and shall be entitled to notice prior to the 17 obtaining of a court order. 18 4. Due consideration under this section shall be given to 19 the public health, the dead, and the feelings of relatives 20 preferences of a person authorized to control final disposition 21 of a decedent’s remains under section 144C.5, and any court 22 order . 23 Sec. 3. Section 144C.3, subsection 4, Code 2020, is amended 24 to read as follows: 25 4. A funeral director, an attorney, or any agent, owner, or 26 employee of a funeral establishment, cremation establishment, 27 cemetery, elder group home, assisted living program, adult day 28 services program, or licensed hospice program shall not serve 29 as a designee unless married to the declarant or related to the 30 declarant within the third degree of consanguinity. 31 -2- SF 2135 (4) 88 pf/rh/mb 2/ 2