Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.C.R. No. 53, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to request the Directors of Health and Commerce and Consumer Affairs to establish a task force to examine issues concerning the feasibility and advisability of regulating death care providers.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Department of Health (DOH), Moanalua Mortuary & Affordable Casket, and Hawaii Funeral Directors Association.

This measure is intended to address recent incidences of alleged improprieties in mortuary practices, particularly on the Big Island. Current law provides for the regulation of cemeteries and funeral trusts under chapter 441, Hawaii Revised Statutes (HRS), and of cremation and burials under chapter 469, HRS, relating to undertakers, embalmers, and funeral directors. However, your Committee believes that existing laws and regulations may be fragmented and ineffective in addressing current abuses. Therefore, a comprehensive review and study is warranted with a view towards possible legislation in the 2003 Session, based upon the report to the legislature from the task force.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 53, H.D. 1, and recommends that it be referred to the Committee on Commerce, Consumer Protection and Housing.