Hawaii 2026 Regular Session

Hawaii House Bill HB565

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
2/11/25  

Caption

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

Impact

If enacted, HB565 will amend Section 441-22.5 of the Hawaii Revised Statutes, thereby altering the current framework of contract disclosures required by mortuaries and funeral providers. The bill intends to protect consumers by ensuring they are fully informed of their rights and any potential additional charges related to the services they are purchasing. This added requirement to address the issue of precious metals aims to ensure that potential financial benefits are clearly communicated, thereby promoting fairness in ambiguous situations regarding cremated remains.

Summary

House Bill 565 focuses on establishing mandatory prior written notice and consent in contracts for cremation services. This legislation aims to enhance transparency by requiring mortuaries and pre-need funeral authorities to disclose specific information to purchasers of funeral services. It specifically mandates that contracts must include provisions regarding the recovery of precious metals from cremated remains, allowing the purchasers a thirty-day period to claim these precious metals after being notified. Failure to comply with these requirements is defined as a violation under the bill.

Sentiment

The sentiment surrounding HB565 appears to be generally supportive from consumer advocacy perspectives, as it emphasizes consumer rights and transparency in an area that can often entail significant financial and emotional stress. Stakeholders in the funeral services industry may have mixed feelings; while some may welcome the clarity this bill offers, others might view the added regulatory burden as potentially complicating their operations.

Contention

A notable point of contention may arise around the implications of the disclosure regarding precious metals. Critics might argue that this provision could create complications or misunderstandings between providers and consumers about the recovery and claiming process. Additionally, there could be opposition from those in the funeral services industry who feel that the bill imposes excessive administrative responsibilities that could affect their ability to provide timely services to families in mourning.

Companion Bills

HI HB565

Carry Over Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

Previously Filed As

HI HB565

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

HI SB525

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

HI SCR44

Requesting The Senate Standing Committee And House Of Representatives Standing Committee Whose Purview Includes Consumer Protection To Convene A Legislative Working Group To Provide Recommendations For Family Notice And Standardized Consent Provisions For Pre-need Contracts Governing Cremation.

HI HCR47

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 Preneed Contracts Governing Cremation.

HI SB417

Relating To Contractors.

HI HB846

Relating To Contractors.

HI HB421

Relating To Contractors.

HI SB331

Relating To The Contractor Repair Act.

HI SB1449

Relating To Prior Authorization Of Health Care Services.

HI HB1130

Relating To Prior Authorization Of Health Care Services.

Similar Bills

HI SB525

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

HI HB565

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

HI SB525

Relating To Mandatory Prior Written Notice And Consent In Contracts To Provide Cremation Services.

OR SB1091

Relating to transportation protection agreements; and prescribing an effective date.

FL S0598

Funeral, Cemetery, and Consumer Services

TN HB0713

AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.

TN SB0715

AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.

TX HB3803

Relating to the confidentiality and disclosure of certain financial information of perpetual care cemeteries and perpetual care trust funds.