HB 1481: DOH; Disposition of Remains; Burial-transit Permit; Cemetery; Crematory; Funeral Establishment; Hydrolysis Facility; Mortuary

A BILL FOR AN ACT

RELATING TO HUMAN REMAINS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 531B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§531B-     Disposition of remains.  (a)  Any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary shall dispose of the remains of a dead human body no later than sixty days from the later of either the date a permit has been issued pursuant to section 338-23 or the date of an affidavit for amendment of the permit has been submitted.  The department of health shall not be required to include the specific disposition date on the permit.

     (b)  The department of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DOH; Disposition of Remains; Burial-transit Permit; Cemetery; Crematory; Funeral Establishment; Hydrolysis Facility; Mortuary

Description:

Requires any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary to dispose of the remains of a dead human body no later than sixty days from the later of either the date a burial‑transit permit has been issued or the date of an affidavit for amendment of the permit has been submitted.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO HUMAN REMAINS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 531B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§531B-     Disposition of remains.  (a)  Any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary shall dispose of the remains of a dead human body no later than sixty days from the later of either the date a permit has been issued pursuant to section 338-23 or the date of an affidavit for amendment of the permit has been submitted.  The department of health shall not be required to include the specific disposition date on the permit.

     (b)  The department of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

DOH; Disposition of Remains; Burial-transit Permit; Cemetery; Crematory; Funeral Establishment; Hydrolysis Facility; Mortuary

Description:

Requires any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary to dispose of the remains of a dead human body no later than sixty days from the later of either the date a burial‑transit permit has been issued or the date of an affidavit for amendment of the permit has been submitted.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO HUMAN REMAINS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 531B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§531B-     Disposition of remains.  (a)  Any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary shall dispose of the remains of a dead human body no later than sixty days from the later of either the date a permit has been issued pursuant to section 338-23 or the date of an affidavit for amendment of the permit has been submitted.  The department of health shall not be required to include the specific disposition date on the permit.

     (b)  The department of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Disposition of Remains; Burial-transit Permit; Cemetery; Crematory; Funeral Establishment; Hydrolysis Facility; Mortuary

Description:

Requires any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary to dispose of the remains of a dead human body no later than sixty days from the later of either the date a burial‑transit permit has been issued or the date of an affidavit for amendment of the permit has been submitted.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO HUMAN REMAINS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 531B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§531B-     Disposition of remains.  (a)  Any funeral establishment, mortuary, cemetery, crematory, or hydrolysis facility shall dispose of the remains of a dead human body no later than sixty days from the date a permit has been issued pursuant to section 338-23, or from the date of an affidavit for amendment of the permit has been submitted.  The department of health shall not be required to include the specific disposition date on the permit.

     (b)  The department of health may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Disposition of Remains; Burial-transit Permit; Funeral Establishment; Mortuary; Cemetery; Crematory; Hydrolysis Facility

Description:

Requires any funeral establishment, mortuary, cemetery, crematory, or hydrolysis facility to dispose of the remains of a dead human body no later than sixty days from the date a burial‑transit permit has been issued or from the date of an affidavit for amendment of the permit has been submitted.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to human remains.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 531B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§531B-    Disposition of remains.  (a)  Any funeral establishment, mortuary, cemetery, crematory, or hydrolysis facility shall dispose of the remains of a dead human body no later than sixty days from the date a permit has been issued pursuant to section 338-23, or from the date of an affidavit for amendment of the permit has been submitted.  The department of health shall not be required to include the specific disposition date on the permit.

     (b)  The department of health shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DOH; Disposition of Remains; Burial-transit Permit; Funeral Establishment; Mortuary; Cemetery; Crematory; Hydrolysis Facility

Description:

Requires any funeral establishment, mortuary, cemetery, crematory, or hydrolysis facility to dispose of the remains of a dead human body no later than sixty days from the date a burial‑transit permit has been issued or from the date of an affidavit for amendment of the permit has been submitted.  Specifies that the Department of Health is not required to include specific disposition dates on the permit.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1063-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1481

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1481, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HUMAN REMAINS,"

begs leave to report as follows:

     The purpose of this measure is to require any cemetery, crematory, funeral establishment, hydrolysis facility, or mortuary to dispose of the remains of a dead human body no later than sixty days from the date a burial-transit permit has been issued or from the date an affidavit for an amendment of the burial-transit permit has been submitted.

     Your Committee received testimony in support of this measure from the Department of Health; Hawaii Funeral & Cemetery Association, Inc.; Hawaiian Memorial Life Plan, Inc.; Ballard Mortuary, Inc.; Dodo Mortuary, Inc. & Crematory; and Hosoi Garden Mortuary.  Your Committee received comments on this measure from the Department of the Medical Examiner of the City and County of Honolulu.

     Your Committee finds that the existing burial-transit permit requirements for the disposition of a decedent requires the applicant to provide a specific date and location where the burial or cremation must occur.  This rigid specificity provides little flexibility during a family's period of grief, when the ability to coordinate schedules and obtain all necessary next-of-kin signatures is especially challenging.  This measure offers flexibility to families and diminishes the administrative burden of funeral homes and related establishments, while still maintaining the integrity of the recordation of vital records, by allowing for the disposition to occur within sixty days of the issuance of a permit.

     Your Committee has amended this measure by:

     (1)  Clarifying that the sixty-day period begins from the date on which the burial-transit permit is issued or the date of an affidavit for amendment of the permit is submitted, whichever is later; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     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 H.B. No. 1481, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1481, H.D. 2.

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

STAND. COM. REP. NO.  307-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1481

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 1481 entitled:

"A BILL FOR AN ACT RELATING TO HUMAN REMAINS,"

begs leave to report as follows:

     The purpose of this measure is to require any funeral establishment, mortuary, cemetery, crematory, or hydrolysis facility to dispose of the remains of a dead human body no later than sixty days from the date a burial-transit permit has been issued or from the date an affidavit for an amendment of the burial-transit permit has been submitted.  

     Your Committee received testimony in support of this measure from the Department of Health; Hawaii Funeral & Cemetery Association, Inc.; Dodo Mortuary, Inc. & Crematory; Hawaiian Memorial Life Plan, Ltd; Ballard Mortuary, Inc.; Hosoi Garden Mortuary; and Oahu Mortuary.  Your Committee received comments on this measure from one individual.

     Your Committee finds that all dispositions of deceased human remains require a permit from the Department of Health prior to the final disposition of the decedent.  Your Committee further finds that under current requirements, the permit requires the applicant to include a specific date and location where the burial or cremation must occur and requires consent and signatures from either a designated authorized representative over the disposition or the majority of the next of kin, which can sometimes require multiple individual family members' authorization for the final disposition.  This process can be challenging to complete as there is often little time for proper planning before permits must be submitted with a specific date for the final disposition.  Additionally, if there is a change in circumstances, changing the date on the permit requires an affidavit, while failure to properly record the actual disposition date results in penalties and fines.  This measure is intended to reduce the burden on grieving families and the funeral industry by providing for greater flexibility in scheduling the disposition of deceased human remains.

     Your Committee has amended this measure by:

     (1)  Authorizing, rather than requiring, the Department of Health to adopt rules; and

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1481, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1481, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,