Senate File 2135 -S-5010 EnrolledAmend Senate File 2135 ANas ACTfollows: RELATING TO THE FINAL DISPOSITION AND DISINTERMENT OF HUMAN REMAINS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1.

Section 144.1, Code 2020, is amended by adding the following new subsections:

NEW SUBSECTION .

3A.

“Cremated remains” means all the remains of the cremated human body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions, and may include the residue of any foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains.

NEW SUBSECTION .

3B.

“Cremation” means the technical process, using heat and flame, that reduces human remains to bone fragments, with the reduction taking place through heat and evaporation.

Cremation shall include the processing, and may include the pulverization, of the bone fragments.

Sec.

2.

Section 144.34, Code 2020, is amended to read as follows:

144.34 Disinterment —— permit.

a.Page 1, line 20, by striking <accomplished> and inserting <accomplished supervised> 2.

DisintermentPage of1, aby deadstriking bodyline or26 fetus,and withoutinserting a<shall court order, shall be allowedallowed, forbut the purpose of autopsy or reburial only, and then only if accomplished supervised by a funeral director.

A> permit3. for such disinterment and, thereafter, reinterment shall be issued by the state registrar according to Senate File 2135, p.

2Page rules1, adoptedline pursuant33, to chapter 17A or when ordered by thestriking district<accomplished court> ofand theinserting county<supervised> in4. which such body is buried.

b.Page 2, line 5, by striking <accomplished> and inserting <supervised > 5.

DisintermentPage of2, crematedby remains,striking withoutlines a6 courtthrough order,11 shalland beinserting: allowed, but only if supervised by a funeral director.

c.<c.

The state registrar, without a court order, shall not issue a permit without the consent of the person authorized to control the decedent’s remains under section 144C.5.

2.

a.

Disinterment of a dead body or fetus for the purpose of reburial may be allowed by court order only upon a showing of substantial benefit to the public, and then only if supervised by a funeral director .

b.

Disinterment of a dead body or fetus for the purpose of autopsy or reburial by court order shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice prescribed by the court to the person authorized to control the decedent’s remains under section 144C.5, and then only if supervised by a funeral director .

c.

Subsequent to the disinterment, cremation of the body shall only be allowed upon a determination by the state or county medical examiner that the death was due to natural causes.causes.> 6.

3.Page 2, by striking lines 12 through 15 and inserting:

<3.

4.> 7.

DuePage consideration2, underby thisstriking sectionline shall17 beand giveninserting to<the the public health, the dead, and the feelings of relatives preferences of a person authorized to control final disposition of a decedent’s remains under section 144C.5, and any court order.order .> ______________________________ ZACH WHITING SF2135.3217 (1) 88 -1- pf/rh 1/1

Sec.

3.

Section 144C.3, subsection 4, Code 2020, is amended to read as follows:

4.

A funeral director, an attorney, or any agent, owner, or Senate File 2135, p.

3 employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless married to the declarant or related to the declarant within the third degree of consanguinity.