STAND. COM. REP. NO. 1282

Honolulu, Hawaii

RE:    H.B. No. 28

       H.D. 1

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 28, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DEAD HUMAN BODIES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit the sale of dead human bodies, including human bodies or remains that have been plastinated through the use of polymers; and

     (2)  Raise the monetary penalty for the sale of a dead human body or the giving, offering, or promising of consideration for a dead human body from $1,000 to $5,000.

     This measure is intended to address the display of dead human bodies for commercial purposes. 

     Your Committee notes ongoing concerns raised by prior committees about whether this measure may conflict with existing law in section 327-16, Hawaii Revised Statutes, relating to the sale or purchase of body parts, and whether the term "recently occurred" in the proposed definition of "dead human body" may be too vague to allow proper enforcement of the prohibition.

     Your Committee has amended this measure by:

     (1)  Clarifying that the display of dead human bodies for commercial purposes is prohibited; and

     (2)  Making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 28, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 28, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair