Bill Text: IA HF2127 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act concerning unclaimed cremated remains. (See Cmte. Bill HF 2266)
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-22 - Withdrawn. H.J. 277. [HF2127 Detail]
Download: Iowa-2015-HF2127-Introduced.html
House File 2127 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act concerning unclaimed cremated remains. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5487YH (4) 86 ec/sc PAG LIN 1 1 Section 1. Section 144.27, Code 2016, is amended to read as 1 2 follows: 1 3 144.27 Funeral director's duty. 1 4 1. The funeral director who first assumes custody of a dead 1 5 body shall file the death certificate, obtain the personal 1 6 data from the next of kin or the best qualified person or 1 7 source available and obtain the medical certification of 1 8 cause of death from the person responsible for completing the 1 9 certification. When a person other than a funeral director 1 10 assumes custody of a dead body, the person shall be responsible 1 11 for carrying out the provisions of this section. 1 12 2. a. A funeral director responsible for filing a death 1 13 certificate under this section shall after a period of one 1 14 hundred eighty days release to the department of veterans 1 15 affairs the name of a deceased person whose cremated remains 1 16 are not claimed by a relative, for the purposes of determining 1 17 whether the deceased person is a veteran or dependent of a 1 18 veteran and is eligible for inurnment at a national or state 1 19 veterans cemetery. If obtained pursuant to subsection 1, 1 20 the funeral director shall also release to the department of 1 21 veterans affairs documents of identification, including but not 1 22 limited to the social security number, military service number, 1 23 and military separation or discharge documents, or such similar 1 24 federal or state documents, of such a person. 1 25 b. If the department of veterans affairs determines that 1 26 the cremated remains of the deceased person are eligible 1 27 for inurnment at a national or state veterans cemetery, 1 28 the department of veterans affairs shall notify the funeral 1 29 director of the determination. If the cremated remains have 1 30 not been claimed by a relative one hundred eighty days after 1 31 the funeral director receives notice under this paragraph "b", 1 32 all rights to the cremated remains shall cease, and the funeral 1 33 director shall transfer the cremated remains to an eligible 1 34 veterans organization if the eligible veterans organization has 1 35 secured arrangements for the inurnment of the cremated remains 2 1 at a national or state veterans cemetery. For purposes of this 2 2 subsection, an "eligible veterans organization" means a veterans 2 3 service organization organized for the benefit of veterans and 2 4 chartered by the United States Congress or a veterans remains 2 5 organization exempt from federal income taxes under section 2 6 501(c)(3) of the Internal Revenue Code that is recognized by 2 7 the department of veterans affairs to inurn unclaimed cremated 2 8 remains. 2 9 c. A funeral director providing information or transferring 2 10 cremated remains shall be immune from criminal, civil, or other 2 11 regulatory liability arising from any actions in accordance 2 12 with this subsection. In addition, the department of veterans 2 13 affairs, a national or state veterans cemetery, and an eligible 2 14 veterans organization shall be immune from criminal, civil, 2 15 or other regulatory liability arising from any actions in 2 16 accordance with this subsection. Such immunity shall not apply 2 17 to acts or omissions constituting intentional misconduct. 2 18 EXPLANATION 2 19 The inclusion of this explanation does not constitute agreement with 2 20 the explanation's substance by the members of the general assembly. 2 21 This bill relates to unclaimed cremated remains. The bill 2 22 provides that a funeral director responsible for filing a 2 23 death certificate may after 180 days release to the department 2 24 of veterans affairs the name of a deceased person whose 2 25 cremated remains are not claimed by a relative, for the 2 26 purposes of determining whether the deceased person is a 2 27 veteran or dependent of a veteran and is eligible for inurnment 2 28 at a veterans cemetery, along with release of documents of 2 29 identification, including the person's social security number, 2 30 military service number, and military separation or discharge 2 31 documents, if available. If the department determines that 2 32 the cremated remains are eligible for inurnment at a veterans 2 33 cemetery, the organization is required to notify the funeral 2 34 director of the determination. The bill provides that if 2 35 the cremated remains have not been claimed by a relative 180 3 1 days after the funeral director receives such notice that all 3 2 rights to the cremated remains shall cease, and the funeral 3 3 director is required to transfer the cremated remains to a 3 4 chartered veterans service organization or veterans remains 3 5 organization that made the determination for inurnment at a 3 6 veterans cemetery if the applicable organization has secured 3 7 such arrangements. 3 8 The bill provides that a funeral director providing 3 9 information or transferring cremated remains, the department of 3 10 veterans affairs, a national or state veterans organization, 3 11 a veterans service organization, and a veterans remains 3 12 organization, are immune from liability arising from any 3 13 actions in accordance with the provisions of the bill, 3 14 but provides that such immunity shall not apply to acts or 3 15 omissions constituting intentional misconduct. LSB 5487YH (4) 86 ec/sc
