Report Title:

Cemeteries; Deceased Identification

Description:

Requires a record and the identification of the deceased interred in cemetery plots, crypts, and niches and an annual update of that record. Also prohibits disinterment of plots, crypts, or niches without prior approval and notice.

HOUSE OF REPRESENTATIVES

H.B. NO.

868

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CEMETERIES.

 

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

SECTION 1. Chapter 441, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§441- Removal of plots, crypts, or niches; prohibited. The removal or disinterment of any plot, crypt, or niche is prohibited unless prior written approval is given by the director and reasonable notice is provided to the purchaser of the plot, crypt, or niche, or the designated person under section 441-22.5."

SECTION 2. Section 441-3, Hawaii Revised Statutes, is amended to read as follows:

"§441-3 Map or plat required. [The cemetery authority from time to time as] (a) When any of the property described in the cemetery authority's certificate of dedication, or any part or section thereof, is offered for sale, transfer, or disposition in the form of plots, crypts, or niches, [shall also:] the cemetery authority shall:

(1) In the case of land[, survey]:

(A) Survey and subdivide [it] the land into sections, blocks, plots, avenues, walks, or other subdivisions; [make]

(B) Make a good and substantial map or plat showing the sections, blocks, plots, avenues, walks, or other subdivisions, with descriptive names, initials, or numbers; and

(C) Make a good and substantial map that identifies all plots in the map under subparagraph (B) with the names of the deceased buried in each of the plots;

(2) In the case of a mausoleum or columbarium, [make] shall:

(A) Make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names, initials, or numbers[.]; and

(B) Make a good and substantial map that identifies all crypts and niches in the map under subparagraph (A) with the names of the deceased interred in each of the crypts or niches.

(b) The [map or plat] maps or plats required under this section shall [also] be initially filed and updated annually (between December 1 and 31) [in the] with:

(1) The office of the bureau of conveyances or the office of the assistant registrar of the land court[.]; and

(2) The department.

The maps or plats shall represent all existing plots, crypts, and niches."

SECTION 3. Section 441-22.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Every cemetery or pre-need funeral authority shall be required to provide to the purchaser of cemetery property, pre-need interment, or pre-need funeral services and related commodities a written contract [which] that shall contain the following disclosure requirements:

(1) The names and addresses of the authority, [and] purchaser[;], and a designated contact person (for the purposes of section 441- );

(2) A clear and concise statement of the property, services, and related commodities to be supplied or not supplied and by whom, particularly if the authority is not to be the provider under the terms of the contract;

(3) The purchase price of each item of property, services, and related commodities to be supplied and how the purchase price is payable; provided that, pursuant to section 441-22.7, disclosure shall also be made that further additional charges or fees for perpetual care subsequent to the execution of the contract are prohibited for any purpose and on any occasion, except for reasonable fees related to the administrative costs of transferring ownership rights, including the cost of research, document and file preparation, photocopying, notary fees, records transfer and storage, and any other costs directly related to the transfer of ownership rights;

(4) Related costs covered under the contract;

(5) The basis on which funds are to be deposited in trust;

(6) Refund provisions of the contract;

(7) The date and place of execution of the contract;

(8) The authority's or its duly authorized agent's signature on the contract and the identification of this person by name and title; and

(9) A statement that the written contract, when signed, shall constitute the entire agreement between the parties relative to its subject matter and that all obligations of both parties shall be fixed and enforceable by the other parties of the contract."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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