Bill Text: IA SF106 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the examination and transportation of dead bodies, including associated fees and costs.(See SF 307.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-02-10 - Committee report approving bill, renumbered as SF 307. S.J. 314. [SF106 Detail]
Download: Iowa-2021-SF106-Introduced.html
Senate
File
106
-
Introduced
SENATE
FILE
106
BY
BROWN
and
SINCLAIR
A
BILL
FOR
An
Act
relating
to
the
examination
and
transportation
of
dead
1
bodies,
including
associated
fees
and
costs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.802,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
A
person’s
death
which
that
affects
the
public
interest
3
as
specified
in
subsection
3
shall
be
reported
to
the
county
4
medical
examiner
or
the
state
medical
examiner
by
the
physician
5
in
attendance,
any
law
enforcement
officer
having
knowledge
of
6
the
death,
the
embalmer
funeral
director
,
or
any
other
person
7
present.
The
appropriate
medical
examiner
shall
notify
the
8
city
or
state
law
enforcement
agency
or
sheriff
and
take
charge
9
of
the
body.
10
Sec.
2.
Section
331.802,
subsection
2,
paragraph
a,
Code
11
2021,
is
amended
to
read
as
follows:
12
a.
If
a
person’s
death
affects
the
public
interest
as
13
specified
in
subsection
3
,
the
county
medical
examiner
shall
14
conduct
a
preliminary
investigation
of
the
cause
and
manner
15
of
death,
prepare
a
written
report
of
the
findings,
promptly
16
submit
the
full
report
to
the
state
medical
examiner
on
forms
17
prescribed
for
that
purpose,
and
submit
a
copy
of
the
report
18
to
the
county
attorney.
19
Sec.
3.
Section
331.802,
subsection
4,
Code
2021,
is
amended
20
to
read
as
follows:
21
4.
a.
The
county
medical
examiner
shall
conduct
the
22
investigation
in
the
manner
required
by
the
state
medical
23
examiner
and
shall
determine
whether
the
public
interest
24
requires
an
autopsy
or
other
special
investigation.
However,
25
if
the
death
occurred
in
the
manner
specified
in
subsection
26
3
,
paragraph
“j”,
the
county
medical
examiner
shall
order
27
an
autopsy,
claims
for
the
payment
of
which
shall
be
filed
28
with
the
state
appeal
board
and,
if
authorized
by
the
board,
29
shall
be
paid
out
of
moneys
in
the
general
fund
of
the
state
30
not
otherwise
appropriated.
In
determining
the
need
for
an
31
autopsy,
the
county
medical
examiner
may
consider
the
request
32
for
an
autopsy
from
a
public
official
or
private
person,
but
33
the
state
medical
examiner
or
the
county
attorney
of
the
county
34
where
the
death
occurred
may
require
an
autopsy
except
as
35
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provided
in
paragraph
“b”
.
1
b.
If,
after
the
county
medical
examiner’s
investigation
2
of
a
deceased
child,
the
city
law
enforcement
agency
or
county
3
sheriff
with
jurisdiction
determines
that
the
deceased
child’s
4
cause
of
death
is
obvious,
an
autopsy
shall
not
be
required
5
under
paragraph
“a”
.
A
city
law
enforcement
official
or
county
6
sheriff
making
a
determination
that
a
deceased
child’s
cause
of
7
death
is
obvious
shall
not
be
liable
for
any
claim
arising
from
8
such
determination.
9
c.
The
county
medical
examiner
may
refer
a
body
for
autopsy
10
or
further
investigation
pursuant
to
paragraph
“a”
to
any
11
facility
accredited
by
the
national
association
of
medical
12
examiners.
The
county
shall
pay
to
the
receiving
facility
a
13
fee
equal
to
an
autopsy
fee
established
by
the
office
of
the
14
state
medical
examiner
by
rule.
15
Sec.
4.
Section
331.804,
Code
2021,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
3.
The
county
shall
reimburse
the
funeral
18
director
for
all
costs
associated
with
the
transportation
of
19
the
body.
20
Sec.
5.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
21
3,
shall
not
apply
to
this
Act.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
examination
and
transportation
of
26
dead
bodies.
The
bill
requires
a
funeral
director,
as
opposed
27
to
an
embalmer
as
currently
required,
to
report
to
the
county
28
or
state
medical
examiner
a
person’s
death
that
affects
the
29
public
interest.
30
The
bill
states
that
an
autopsy
shall
not
be
required
when,
31
after
the
county
medical
examiner’s
investigation
of
a
deceased
32
child,
the
city
law
enforcement
agency
or
county
sheriff
with
33
jurisdiction
determines
that
the
deceased
child’s
cause
of
34
death
is
obvious.
The
bill
shields
a
city
law
enforcement
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official
or
county
sheriff
making
such
determination
from
1
liability
for
any
claim
arising
from
the
determination.
2
The
bill
allows
a
county
medical
examiner
to
refer
a
body
for
3
an
autopsy
or
further
investigation
to
any
facility
accredited
4
by
the
national
association
of
medical
examiners.
The
bill
5
requires
the
county
to
pay
to
the
receiving
facility
a
fee
6
equal
to
an
autopsy
fee
established
by
the
officer
of
the
7
state
medical
examiner.
The
bill
also
requires
a
county
to
8
reimburse
a
funeral
director
for
all
costs
associated
with
the
9
transportation
of
a
body
after
an
investigation
or
autopsy
has
10
been
completed.
11
The
bill
may
include
a
state
mandate
as
defined
in
Code
12
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
13
subsection
3,
which
would
relieve
a
political
subdivision
from
14
complying
with
a
state
mandate
if
funding
for
the
cost
of
15
the
state
mandate
is
not
provided
or
specified.
Therefore,
16
political
subdivisions
are
required
to
comply
with
any
state
17
mandate
included
in
the
bill.
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