HOUSE OF REPRESENTATIVES

H.C.R. NO.

53

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting establishment of a task force to examine state regulation of death care providers.

 

 

WHEREAS, recent events on the Big Island, as well as in Georgia, have highlighted the need to regulate death care providers; and

WHEREAS, understandably, surviving family members of recently deceased persons are frequently distraught or in an otherwise emotionally fragile state; and

WHEREAS, as made evident by the recent events, grieving family members are an easy target for overzealous or unscrupulous death care providers; and

WHEREAS, accordingly, it is in the public's interest to ensure that events, such as bodies allegedly being buried in bags while the purchased caskets are repeatedly resold, are never again allowed to happen; and

WHEREAS, the present regulation of death care providers is insufficient to provide adequate protection to the public; and

WHEREAS, state oversight of death care providers is fractured, with the Department of Commerce and Consumer Affairs (DCCA) having jurisdiction over cemeteries and pre-need funeral services and the Department of Health (DOH) having jurisdiction over cremation and burials; and

WHEREAS, what regulation exists appears to be out of date, piecemeal at best, and ineffective; and

WHEREAS, for example, it appears that the extent of regulation of cremation by DOH is the issuance of permits for clean air emission standards; and

WHEREAS, several states have enacted comprehensive cremation legislation based upon the Model Cremation Law drafted by the Cremation Association of North America; and

WHEREAS, it is necessary to revise the State's laws to afford sufficient protections for consumers and surviving family members and to preserve the public's trust with respect to the provision of death care; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Directors of Health and Commerce and Consumer Affairs are requested to establish a task force to examine state regulation of death care providers; and

BE IT FURTHER RESOLVED that the task force is requested to:

(1) Evaluate current laws, rules, and policy relating to death care providers, including cremation and burials;

(2) Examine applicable model laws relating to death care;

(3) Examine how other states regulate death care providers, including factors such as protections provided to consumers, means of enforcement, and fee schedules to fund enforcement measures;

(4) Consider whether present state administrative enforcement of laws and rules is adequate or whether additional enforcement measures are needed and, if so, whether additional fees should be imposed for this purpose; and

(5) Make recommendations, including proposed legislation, if necessary, to provide adequate regulation of death care providers to ensure sufficient protection of the public;

and

BE IT FURTHER RESOLVED that the Directors of Health and Commerce and Consumer Affairs are requested to include on the task force representatives from DOH, DCCA, the Executive Office on Aging, and other affected state agencies, and of the Hawaii Funeral Directors Association, Hawaii Allied Memorial Council, and other members of the death care industry; and

BE IT FURTHER RESOLVED that the task force is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days before the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Director of Commerce and Consumer Affairs, Director of the Executive Office on Aging, Executive Director of the Hawaii Funeral Directors Association, and Executive Director of the Hawaii Allied Memorial Council.

Report Title:

Death Care; Task Force