Bill Text: IA HF377 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 377 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act related to unclaimed cremated remains.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-26 - Subcommittee, Salmon, Kooiker, and Meyer. H.J. 428. [HF377 Detail]

Download: Iowa-2015-HF377-Introduced.html

House File 377 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act related to unclaimed cremated remains.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1643YH (8) 86
    aw/sc

PAG LIN



  1  1    Section 1.  Section 144.27, Code 2015, 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
  1 13 death certificate under this section may after a period of
  1 14 thirty days release to federally chartered veterans service
  1 15 organizations the name of a deceased person whose cremated
  1 16 remains are not claimed by a relative, for the purposes of
  1 17 determining whether the deceased person is a veteran and is
  1 18 eligible for interment at a veterans cemetery. If obtained
  1 19 pursuant to subsection 1, the funeral director shall also
  1 20 release to such organizations the social security number and
  1 21 military separation or discharge document, or such similar
  1 22 federal document of such a person.
  1 23    b.  If a federally chartered veterans service organization
  1 24 determines that the cremated remains of the deceased person are
  1 25 eligible for interment at a veterans cemetery, the organization
  1 26 shall notify the funeral director of the determination. If the
  1 27 cremated remains have not been claimed by a relative thirty
  1 28 days after the funeral director receives notice under this
  1 29 paragraph, all rights to the cremated remains shall cease, and
  1 30 the funeral director shall transfer the cremated remains to
  1 31 the federally chartered veterans service organization if the
  1 32 organization has secured arrangements for the interment of the
  1 33 cremated remains at a veterans cemetery.
  1 34    c.  A funeral director providing information or transferring
  1 35 cremated remains shall be immune from criminal or civil
  2  1 liability arising from any actions in accordance with the
  2  2 provisions of this subsection. Such immunity shall not apply
  2  3 to acts or omissions constituting negligence, recklessness, or
  2  4 intentional misconduct.
  2  5                           EXPLANATION
  2  6 The inclusion of this explanation does not constitute agreement with
  2  7 the explanation's substance by the members of the general assembly.
  2  8    This bill relates to unclaimed cremated remains. The bill
  2  9 provides that a funeral director responsible for filing a death
  2 10 certificate may after 30 days release to federally chartered
  2 11 veterans service organizations the name of a deceased person
  2 12 whose cremated remains are not claimed by a relative, for
  2 13 the purposes of determining whether the deceased person is a
  2 14 veteran and is eligible for interment at a veterans cemetery,
  2 15 along with release of the person's social security number and
  2 16 military separation or discharge documents, if available. If
  2 17 such an organization determines that the cremated remains
  2 18 are eligible for interment at a veterans cemetery, the
  2 19 organization is required to notify the funeral director of the
  2 20 determination. The bill provides that if the cremated remains
  2 21 have not been claimed by a relative 30 days after the funeral
  2 22 director receives such notice that all rights to the cremated
  2 23 remains shall cease, and the funeral director is required
  2 24 to transfer the cremated remains to the federally chartered
  2 25 veterans service organization that made the determination
  2 26 for interment at a veterans cemetery if the organization has
  2 27 secured such arrangements.
  2 28    The bill provides that a funeral director providing
  2 29 information or transferring cremated remains is immune from
  2 30 criminal and civil liability arising from any actions in
  2 31 accordance with the provisions of the bill, but provides that
  2 32 such immunity shall not apply to acts or omissions constituting
  2 33 negligence, recklessness, or intentional misconduct.
       LSB 1643YH (8) 86
       aw/sc