HCR 47: requesting the SENATE STANDING COMMITTEE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEE WHOSE PURVIEW INCLUDES CONSUMER PROTECTION, with the support of the legislative reference bureau, to convene a LEGISLATIVE working group to determine recommendations for establishing appropriate family notice and standardized consent provisions for pre‑need contracts governing cremation.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	47
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the SENATE STANDING COMMITTEE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEE WHOSE PURVIEW INCLUDES CONSUMER PROTECTION, with the support of the legislative reference bureau, to convene a LEGISLATIVE working group to determine recommendations for establishing appropriate family notice and standardized consent provisions for pre‑need contracts governing cremation.

 

 

     WHEREAS, advances in medical technology, including the use of metal implants, are contributing to the quality and increased longevity of life of the State's population; and

 

     WHEREAS, mortuaries are increasingly being faced with the need to dispose of metal implants after cremation; and

 

     WHEREAS, given the frequent use of cremation as the preferred method for the final arrangement of the deceased, the disposition of incombustible metal surgical implants represents a new issue as metal implants are not included with the ash remains returned to the family in an urn; and

 

     WHEREAS, mortuaries in the State do not uniformly request families of the deceased for express written permission to dispose of incombustible metal implants; and

 

     WHEREAS, incombustible metal surgical implants may include gold, silver, platinum cobalt, palladium, platinum, and other precious metals which may have monetary value when sold in bulk; and

 

     WHEREAS, the promotion of ethical practices that require communication and consent on the part of cremation service providers prevents any potential misuse or unauthorized sale of incombustible metal implants or precious metals therein; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Senate Standing Committee and House of Representatives Standing Committee whose purview includes consumer protection, with the support of the Legislative Reference Bureau, are requested to convene a legislative working group to determine recommendations for establishing appropriate family notice and standardized consent provisions for pre-need contracts governing cremation; and

 

     BE IT FURTHER RESOLVED that the working group is requested to:

 

     (1)  Conduct a review of mortuary operations in each county of the State and mainland jurisdictions involved in the collection, recycling, potential disposition, and sale of incombustible metal surgical implants to determine the revenues generated from these practices;

 

     (2)  Propose definitions for incombustible metal implants that remain following cremation;

 

     (3)  Recommend contract provisions that mortuaries in the State should include in pre-need contracts which designated family representatives sign to express their preferences and decisions regarding the disposition of metal implants that remain following cremation;

 

     (4)  Report on current practices employed by mortuaries that sell accumulated incombustible metal surgical implants in bulk and report revenue generated from the sale of incombustible metal surgical implants;

 

     (5)  Identify conditions that may impact the quality and quantity of metal fragments during cremation and recommend the appropriate recycling or disposition of incombustible metal surgical implants;

 

     (6)  Recommend best practices for estate planners, senior advocacy groups, and eldercare attorneys addressing health care directives and wills in addressing decisions related to cremation services and the disposition of metal implants, including donations of income from disposed metal implants to a designated nonprofit organization; and

 

     (7)  Submit a report of its findings and recommendations to the Legislature, including any proposed legislation, by November 30, 2025; and

 

     BE IT FURTHER RESOLVED that the working group is requested to consist of the following members:

 

     (1)  One member from each of the Senate and House Standing Committees whose purview include consumer protection, who is requested to serve as co-chairs of the working group, to be appointed respectively by the President of the Senate or Speaker of the House of Representatives;

 

     (2)  The Complaints and Enforcement Officer of the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs or their designee;

 

     (3)  The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs or their designee;

 

     (4)  The Division Administrator of the Professional Vocational Licensing Division of the Department of Commerce and Consumer Affairs or their designee;

 

     (5)  One member representing Kokua Mau, to be invited by the co-chairs or the working group;

 

     (6)  One member representing Kokua Council, to be invited by the co-chairs of the working group;

 

     (7)  One member who is a higher education faculty member with expertise in gerontology and related family care issues, to be invited by the co-chairs of the working group;

     (8)  One member from the Family Caregiver Foundation to be invited by the co-chairs of the working group;

 

     (9)  One member from the Hawaii Family Caregiver Coalition to be invited by the co-chairs of the working group; and

 

    (10)  One member from each county representing the funeral industry of the respective county to be invited by the co-chairs of the working group; and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to provide administrative support to the working group, including assisting with the drafting of its report to the Legislature; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Director of the Legislative Reference Bureau, and Director of Commerce and Consumer Affairs.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Senate; House of Representatives; DCCA; LRB; Cremation Service Providers; Precious Metals; Legislative Working Group