Bill Text: HI HB1602 | 2020 | Regular Session | Amended
Bill Title: Relating To Human Remains.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-05-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [HB1602 Detail]
Download: Hawaii-2020-HB1602-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1602 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HUMAN REMAINS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 531B-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Natural organic
reduction" means the contained, accelerated conversion of human remains to
soil.
"Natural organic reduction
facility" means a structure, room, or other space in a building or real
property where natural organic reduction of a human body occurs."
SECTION 2. Section 327-32, Hawaii Revised Statutes, is amended to read as follows:
"§327-32 Administration;
duties of health officers. Every head
officer of a hospital, nursing home, correctional facility, funeral parlor, or
mortuary and every county medical examiner or coroner and every state or county
officer, and every other person who has possession, charge, or control of any
unclaimed dead human body that may [be cremated] undergo cremation or
natural organic reduction at public expense pursuant to section 346-15
shall:
(1) Exercise due diligence to notify the relatives, friends of the
decedent, any representative of a fraternal
society of which the deceased was a member, and any legally responsible party; and
(2) Submit in writing to the department of human
services a description of the efforts used in making the determination that the
dead human body is unclaimed in accordance with section 346-15, if payment for
cremation is sought.
Nothing in this section shall be construed to affect the requirements relating to the filing of a certificate of death with the department of health pursuant to chapter 338."
SECTION 3. Section 327-36, Hawaii Revised Statutes, is amended to read as follows:
"§327-36 Final disposition
of bodies retained for medical education and research purposes.
A university, hospital, or institution that holds a dead human body
shall, when the body is deemed of no further value for medical education and
research purposes, dispose of the remains by cremation[,] or natural
organic reduction, except as otherwise
provided in section 327-14."
SECTION 4. Section 346-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) All unclaimed dead human bodies shall [be cremated.] undergo
cremation or natural organic reduction.
The department may bear the cost of the mortuary [and],
crematory or natural organic reduction services for unclaimed dead human
bodies furnished by any licensed provider of mortuary or crematory
services. Payments for mortuary and
crematory services shall be made to the extent of the cost, or in the sum of
$800 in total, whichever is less, for each unclaimed dead human body.
Individuals who have possession, charge, or control of any unclaimed
dead human body to be cremated at public expense shall have sixty days from the
date of the deceased's death to submit in writing to the department its
determination that the dead human body is unclaimed and its application for
payment for cremation. The county
medical examiners or coroners shall have no time limitation by which to submit
their written determination that the dead human body is unclaimed and their
application for payment for cremation."
SECTION 5. Section 531B-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§531B-6[]] Forfeiture of right to direct disposition. A person entitled under law to the right of
disposition shall forfeit that right, and the right is passed on to the next
person in the order of priority as listed in section 531B-4, under the
following circumstances:
(1) The person is
charged with murder or manslaughter in connection with the decedent's death,
and the charges are known to the funeral director or manager of the funeral
establishment, cemetery, mortuary, [or] crematory[;], or
natural organic reduction facility; provided that if the charges against the
person are dismissed, or if the person is acquitted of the charges, the right
of disposition is returned to that person, unless the dismissal or acquittal
occurs after the final disposition has been completed;
(2) The person does not exercise the person's right of disposition within
five days of notification of the decedent's death or within seven days of the
decedent's death, whichever is earlier;
(3) The person and the decedent are spouses, civil union partners, or
reciprocal beneficiaries, and at the time of the decedent's death, proceedings
for annulment, divorce, or separation had been initiated or a declaration for
termination of the reciprocal beneficiary relationship had been filed; or
(4) The probate court pursuant to section 531B-7 determines that the person
entitled to the right of disposition and the decedent were estranged at the
time of death."
SECTION 6. Section 531B-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§531B-7[]] Disputes.
(a) Any dispute among any of the
persons listed in section 531B-4 concerning the right of disposition or priority
shall be resolved by the probate court for the county where the decedent
resided. The probate court may award the
right of disposition to the person determined by the court to be the most fit
and appropriate to carry out the right of disposition, and may make decisions
regarding the decedent's remains.
(b) The
following provisions shall apply to the court's determination under this
section:
(1) If two or more
persons with the same priority class hold the right of disposition and cannot
agree by majority vote regarding the disposition of the decedent's remains, or
there are any persons who claim to have priority over any other person, any of these
persons or a funeral establishment, cemetery, mortuary, [or] crematory,
or natural organic reduction facility with custody of the remains may file
a petition asking the probate court to make a determination in the matter; and
(2) In making a determination in a case where there are two or more persons with the same priority class who cannot agree by majority vote, the probate court may consider the following:
(A) The reasonableness and practicality of the proposed funeral arrangements and disposition;
(B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;
(C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;
(D) The convenience and needs of other families and friends wishing to pay respects;
(E) The desires of the decedent; and
(F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.
(c)
In the event of a dispute regarding the right of disposition, a funeral
establishment, cemetery, mortuary, [or] crematory, or natural organic
reduction facility shall not be liable for refusing to accept the remains, to
inter or otherwise dispose of the remains of the decedent, or complete the
arrangements for the final disposition of the remains until it receives a court
order or other written agreement signed by the parties in the disagreement that
the dispute has been resolved or settled.
If the funeral establishment,
cemetery, mortuary, [or] crematory, or natural organic reduction
facility retains the remains for final disposition while the parties are in
disagreement, it may embalm or refrigerate and shelter the body, or both, while
awaiting the final decision of the probate court and may add the cost of
embalming or refrigeration and sheltering to the cost of final disposition.
If a funeral establishment,
cemetery, mortuary, [or] crematory, or natural organic reduction
facility brings an action under this section, it may add the legal fees and
court costs associated with a petition under this section to the cost of final
disposition.
This section shall not be construed to require or impose a duty upon a funeral establishment, cemetery, mortuary, or crematory to bring an action under this section.
A funeral establishment, cemetery,
mortuary, [or] crematory, or natural organic reduction facility
and its officers, directors, managers, members, partners, or employees may not
be held criminally or civilly liable for choosing not to bring an action under
this section."
SECTION 7. Section 531B-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§531B-8[]] Right to rely on representations. (a) Any
person signing a funeral service agreement, cremation authorization form, or
any other authorization for disposition shall be deemed to warrant the truthfulness
of any facts set forth therein, including the identity of the decedent whose
remains are to be buried, cremated, or otherwise disposed of, and the party's
authority to order the disposition.
(b) A
funeral establishment, cemetery, mortuary, [or] crematory, or
natural organic reduction facility
shall have the right to rely on the funeral service agreement, cremation
authorization form, or any other authorization form, including the
identification of the decedent, and shall have the authority to carry out the
instructions of the person or persons whom the funeral establishment, cemetery,
mortuary, [or] crematory, or natural organic reduction
facility reasonably believes to hold
the right of disposition.
(c) The
funeral establishment, cemetery, mortuary, [or] crematory, or
natural organic reduction facility
shall have no responsibility to verify the identity of the decedent or contact
or independently investigate the existence of any person who may have a right
of disposition. If there is more than one
person in the same priority class pursuant to section 531B-4 and the funeral
establishment, cemetery, mortuary, [or] crematory, or natural
organic reduction facility has no
knowledge of any objection by other members of the priority class, it may rely on
and act according to the instructions of the first person in the priority class
to make funeral and disposition arrangements; provided that no other person in the
priority class provides written notice to the funeral establishment, cemetery,
mortuary, [or] crematory, or natural organic reduction
facility of that person's
objections."
SECTION 8. Section 531B-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§531B-9[]] Authority to direct and control disposition;
recovery of reasonable expenses. (a) A funeral director or manager of a funeral
establishment, cemetery, mortuary, [or] crematory, or natural
organic reduction facility shall
have complete authority to direct and control the final disposition and
disposal of a decedent's remains and to proceed under this chapter to recover
reasonable charges for the final disposition and disposal if:
(1) The funeral director or manager:
(A) Has no knowledge
that any of the persons described in section 531B-4(a)(1) through [[](a)(10)[]]
exist;
(B) Has knowledge that the person or persons who may or do have the right of disposition cannot be found after reasonable inquiry or reasonable attempts to contact; or
(C) Has knowledge that the person or persons who may or do have the right of disposition have lost this right pursuant to section 531B-6; and
(2) The appropriate public authority fails to assume responsibility for disposition of the remains within thirty-six hours after having been given written notice of the decedent's death. Written notice may be given by hand delivery, certified mail, facsimile transmission, or electronic mail transmission.
(b) Disposal of the decedent's remains pursuant to this section shall be by any means that are not prohibited by law."
SECTION 9. Section 531B-11, Hawaii Revised Statutes, is amended to read as follows:
"[[]§531B-11[]] Immunity. No funeral establishment, cemetery, mortuary, [or] crematory,
or natural organic reduction facility or any of its officers, directors, members, partners, funeral directors,
managers, or employees who reasonably rely in good faith upon the instructions
of an individual claiming the right of disposition shall be subject to criminal
or civil liability or administrative or disciplinary action for carrying out
the disposition of the remains in accordance with the instructions."
SECTION 10. Section 841-10, Hawaii Revised Statutes, is amended to read as follows:
"§841-10 Decent burial. When any coroner or deputy coroner takes an
inquest upon the dead body of a stranger or indigent person or, being called
for that purpose, does not think it necessary, on view of the body, that any
inquest should be taken, the coroner or deputy coroner shall cause the body to
be decently buried or cremated[.] or undergo natural organic reduction. A burial-transit permit authorizing a burial
[or], cremation, or natural organic reduction shall be
secured from the local agent of the department of health by the person in
charge of such burial [or], cremation[.], or natural
organic reduction."
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on July 1, 2050.
Report Title:
Human Remains; Natural Organic Reduction
Description:
Includes
the use of natural organic reduction as a method for the disposal of human
remains. Amends the procedures for the
resolution of disputes regarding the right of disposition, the right to rely
and act upon written instructions in a funeral service agreement or similar
document, and provisions for the disposition of a decedent's remains and
recovery of reasonable expenses to include natural organic reduction
facilities. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
