Bill Text: IA HF2266 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act concerning unclaimed cremated remains. Effective 7-1-16.
Spectrum: Committee Bill
Status: (Passed) 2016-03-30 - Signed by Governor. H.J. 585. [HF2266 Detail]
Download: Iowa-2015-HF2266-Enrolled.html
House File 2266 - Enrolled
HOUSE FILE
BY COMMITTEE ON VETERANS
AFFAIRS
(SUCCESSOR TO HF 2127)
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A BILL FOR
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House File 2266
AN ACT
CONCERNING UNCLAIMED CREMATED REMAINS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 144.27, Code 2016, is amended to read as
follows:
144.27 Funeral director's duty.
1. The funeral director who first assumes custody of a dead
body shall file the death certificate, obtain the personal
data from the next of kin or the best qualified person or
source available and obtain the medical certification of
cause of death from the person responsible for completing the
certification. When a person other than a funeral director
assumes custody of a dead body, the person shall be responsible
for carrying out the provisions of this section.
2. a. A funeral director responsible for filing a death
certificate under this section may after a period of one
hundred eighty days release to the department of veterans
affairs the name of a deceased person whose cremated remains
are not claimed by a person authorized to control the
decedent's remains under section 144C.5, for the purposes
of determining whether the deceased person is a veteran or
dependent of a veteran and is eligible for inurnment at a
national or state veterans cemetery. If obtained pursuant to
subsection 1, the funeral director may also release to the
department of veterans affairs documents of identification,
including but not limited to the social security number,
military service number, and military separation or discharge
documents, or such similar federal or state documents, of such
a person.
b. If the department of veterans affairs determines that
the cremated remains of the deceased person are eligible
for inurnment at a national or state veterans cemetery,
the department of veterans affairs shall notify the funeral
director of the determination. If the cremated remains
have not been claimed by a person authorized to control the
decedent's remains under section 144C.5 one hundred eighty
days after the funeral director receives notice under this
paragraph "b", all rights to the cremated remains shall cease,
and the funeral director shall transfer the cremated remains
to an eligible veterans organization if the eligible veterans
organization has secured arrangements for the inurnment of the
cremated remains at a national or state veterans cemetery. For
purposes of this subsection, an "eligible veterans organization"
means a veterans service organization organized for the benefit
of veterans and chartered by the United States Congress or a
veterans remains organization exempt from federal income taxes
under section 501(c)(3) of the Internal Revenue Code that is
recognized by the department of veterans affairs to inurn
unclaimed cremated remains.
c. A funeral director providing information or transferring
cremated remains shall be immune from criminal, civil, or other
regulatory liability arising from any actions in accordance
with this subsection. In addition, the department of veterans
affairs, a national or state veterans cemetery, and an eligible
veterans organization shall be immune from criminal, civil,
or other regulatory liability arising from any actions in
accordance with this subsection. Such immunity shall not apply
to acts or omissions constituting intentional misconduct.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2266, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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