STAND. COM. REP. NO.  1240

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 341

      S.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 341, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DISPOSITION OF REMAINS,"

begs leave to report as follows:

The purpose of this measure is to establish the Disposition of Remains Act.

     Specifically, this measure establishes:

     (1)  A priority list of persons authorized to control the disposition of a decedent's remains, and the location, manner, and conditions of the disposition; and

     (2)  Procedures for the resolution of disputes regarding the right of disposition;

     (3)  The right of a funeral establishment, cemetery, mortuary, or crematory to rely and act upon written instructions in a funeral service agreement or similar document; and

     (4)  Provisions for the disposition of a decedent's remains and recovery of reasonable expenses by a funeral director or manager of a funeral establishment, cemetery, mortuary, or crematory.

Your Committee received testimony in support of this measure from the Hawaii Association for Justice; Hawaii Funeral and Cemetery Association, Inc.; Hosoi Garden Mortuary, Inc.; Leeward Funeral Home; Hawaiian Memorial Life Plan; Mililani Group, Inc.; and one individual.

     Your Committee finds that forty-eight states have enacted laws that specify the priority of persons who may control the disposition of a decedent's remains or the arrangements for funeral goods and services.  Your Committee believes that, by establishing a priority list of persons able to control the disposition of a decedent's remains, this measure will minimize disputes and allow funeral establishments, cemeteries, mortuaries, and crematories to take direction from the appropriate person, thus enabling the prompt provision of needed services.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 341, S.D. 2, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair