Read the full stored bill text
Senate
File
2040
-
Introduced
SENATE
FILE
2040
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
final
disposition
of
human
remains.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
144C.8,
Code
2026,
is
amended
to
read
as
1
follows:
2
144C.8
Forfeiture
of
authority
to
control.
3
A
designee
or
person
with
the
authority
to
control
under
4
this
chapter
shall
forfeit
all
rights
and
authority
under
a
5
declaration,
or
by
operation
of
section
144C.5
,
and
all
rights
6
and
authority
under
the
declaration,
or
by
operation
of
section
7
144C.5
,
shall
vest
in
and
devolve
upon
an
alternate
designee,
8
or
if
there
is
none,
vest
in
and
devolve
pursuant
to
section
9
144C.5
,
under
either
any
of
the
following
circumstances:
10
1.
The
designee
or
person
with
the
authority
to
control
11
under
this
chapter
is
charged
with
murder
in
the
first
or
12
second
degree
or
voluntary
manslaughter
in
connection
with
the
13
declarant’s
decedent’s
death
and
those
charges
are
known
to
a
14
third
party.
15
2.
The
designee
or
person
with
the
authority
to
control
16
under
this
chapter
does
not
exercise
the
designee’s
authority
17
under
the
declaration
or
the
person’s
authority
under
this
18
chapter
within
twenty-four
hours
of
receiving
notification
of
19
the
death
of
the
declarant
decedent
or
within
forty
hours
of
20
the
declarant’s
decedent’s
death,
whichever
is
earlier.
21
3.
The
designee
or
person
with
the
authority
to
control
22
under
this
chapter
does
not
claim
the
cremated
remains
of
the
23
decedent
within
thirty
calendar
days
after
receipt
of
a
written
24
notice
from
a
third
party.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
final
disposition
of
human
remains.
29
The
bill
vests
the
authority
to
control
the
final
disposition
30
of
a
decedent’s
cremated
remains
in
the
next
competent
adult
31
listed
in
Code
section
144C.5
(final
disposition
of
remains
——
32
right
to
control)
if
a
designee
or
person
with
the
authority
33
to
control
the
decedent’s
remains
does
not
claim
the
cremated
34
remains
within
30
calendar
days
after
receipt
of
a
written
35
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notice
from
a
third
party.
1
The
bill
also
makes
technical
changes
to
Code
section
144C.8
2
(forfeiture
of
authority
to
control)
by
changing
certain
3
references
to
“declarant”
to
“decedent”
and
adding
a
reference
4
to
the
person
granted
authority
pursuant
to
Code
chapter
144C
5
(final
disposition
Act).
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