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HOUSE OF REPRESENTATIVES |
H.R. NO. |
127 |
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TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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requesting establishment of a task force to examine state regulation of providers of death services.
WHEREAS, the Twenty-first Legislature, during the Regular Session of 2002, adopted House Concurrent Resolution No. 53, as amended, requesting the establishment of a task force to examine state regulation of providers of death services; and
WHEREAS, the task force met and produced a preliminary report focusing on cremation; and
WHEREAS, that report did not include any proposed legislation; and
WHEREAS, that report did not address the other issues of death services that were set forth in House Concurrent Resolution No. 53, as amended; and
WHEREAS, the present regulation of providers of death services is insufficient to provide adequate protection to the public; and
WHEREAS, state oversight of providers of death services is fractured, with the Department of Commerce and Consumer Affairs having jurisdiction over cemeteries and pre-need funeral services and the Department of Health having jurisdiction over cremation and burials; and
WHEREAS, what regulation exists appears to be out of date, piecemeal at best, and ineffective; and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 services; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, that the Directors of Health and Commerce and Consumer Affairs are requested to establish a task force to examine state regulation of providers of death services; and
BE IT FURTHER RESOLVED that the task force is requested to:
(1) Evaluate current laws, rules, and policy relating to providers of death services, including cremation and burials;
(2) Examine applicable model laws relating to death services;
(3) Examine how other states regulate providers of death services, 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;
(5) Make recommendations, including proposed legislation if necessary, to provide adequate regulation of providers of death services and ensure sufficient protection for the public;
and
BE IT FURTHER RESOLVED that the Directors of Health and Commerce and Consumer Affairs are requested to include, in the task force, representatives from the Department of Health, the Department of Commerce and Consumer Affairs, the Executive Office on Aging, other affected state agencies, the Hawaii Funeral Directors Association, the Hawaii Allied Memorial Council, and other representatives of the death services 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 not later than twenty days before the convening of the Regular Session of 2004; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health, the Director of Commerce and Consumer Affairs, the Director of the Executive Office on Aging, the Executive Director of the Hawaii Funeral Directors Association, and the Executive Director of the Hawaii Allied Memorial Council.
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OFFERED BY: |
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Report Title:
Death Services; Task Force