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HOUSE OF REPRESENTATIVES |
H.R. NO. |
127 |
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TWENTY-SECOND LEGISLATURE, 2003 |
H.D. 1 |
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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 CARE services.
WHEREAS, the Twenty-first Legislature, during the Regular Session of 2002, adopted H.C.R. No. 53, H.D. 1, requesting the establishment of a task force to examine state regulation of providers of death care services; and
WHEREAS, the task force met and produced a preliminary report focusing on cremation and were able to address a few issues with regard to death care services that were set forth in H.C.R. No. 53, H.D. 1, but were unable to complete their review and evaluation; and
WHEREAS, the present regulation of providers of death care services is insufficient to provide adequate protection to the public; and
WHEREAS, state oversight of providers of death care services is divided between the Department of Commerce and Consumer Affairs (DCCA), which has jurisdiction over cemeteries and pre-need funeral services, and the Department of Health (DOH), which has jurisdiction over cremation and burials; and
WHEREAS, it is necessary 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 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 DOH and DCCA are requested to continue their review, and shall establish a task force to assist their efforts to examine state regulation of providers of death care services; and
BE IT FURTHER RESOLVED that the DOH and DCCA with the assistance of the task force are requested to:
(1) Examine how other states regulate providers of death care services, including factors such as protections provided to consumers, means of enforcement, and fee schedules to fund enforcement measures;
(2) Consider whether present state administrative enforcement of laws and rules relating to death care services is adequate or whether additional enforcement measures are needed and, if so, whether additional fees should be imposed for this purpose; and
(3) Make recommendations, including proposed legislation if necessary, to provide adequate regulation of providers of death care services and ensure sufficient protection for the public;
and
BE IT FURTHER RESOLVED that DOH and DCCA are requested to include on the task force, representatives of DOH, DCCA, the Executive Office on Aging and other affected state agencies, and representatives of the death care services industry, including the Hawaii Funeral Directors Association and the Hawaii Allied Memorial Council; and
BE IT FURTHER RESOLVED that the DOH and DCCA are requested to report their findings and recommendations, including any proposed legislation, to the Legislature not later than 20 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, Director of Commerce and Consumer Affairs, Director of the Executive Office on Aging, Executive Director of the Hawaii Funeral Directors Association, and the Executive Director of the Hawaii Allied Memorial Council.
Report Title:
Death Care Services; Task Force