Report Title:

Cemeteries; Maps; Unique Identifiers; Record Review

Description:

Requires cemetery authority to (1) file and maintain copy of maps (2) maintain records identifying remains; and (3) disclose in contract location of plot, crypt, or niche by its unique identifier. Requires cemetery and pre-need funeral authority to submit records to DCCA for review. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

868

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO CEMETERIES.

 

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

SECTION 1. Section 441-3, Hawaii Revised Statutes, is amended to read as follows:

"§441-3 Map or plat required[.]; unique identifier. (a) The cemetery authority [from time to time], as any of the dedicated cemetery property [described in the 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:

(1) In the case of land, survey and subdivide [it] the dedicated cemetery property into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, blocks, plots, avenues, walks, or other subdivisions, with descriptive names, initials, or numbers[;] that uniquely identify each plot;

(2) In the case of a mausoleum or columbarium, 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[.

The map or plat shall also be filed in the office of the bureau of conveyances or the office of the assistant registrar of the land court. that uniquely identify each niche or crypt; and

(3) File the maps or plats required by this section in the office of the bureau of conveyances or the office of the assistant registrar of the land court, and maintain a copy of all filed maps as a permanent record of the cemetery authority.

(b) The cemetery authority shall also maintain a permanent, accurate record of the identity of each person whose remains are located in the cemetery, together with the corresponding unique identifier that indicates the location of the person's remains within the cemetery. The records required by this section shall be prepared and maintained in a manner that will enable the cemetery authority to timely respond to inquiries from the public or the department regarding the location of a person's remains within the cemetery.

(c) The cemetery authority shall specify the unique identifier of a plot, crypt, or niche in any document that provides for the sale, transfer, or disposition of the plot, crypt, or niche."

SECTION 2. Section 441-13, Hawaii Revised Statutes, is amended to read as follows:

"§441-13 Sale of plots after dedication; sale of incumbered plots prohibited unless incumbrance subordinate to dedication. After property is dedicated pursuant to this chapter, a cemetery authority may sell, transfer, and convey plots, crypts, or niches thereof, which plots, crypts, or niches [may] shall be described by reference to the map or plat, or amended map or plat, filed in accordance with section 441-3 or 441-8. No plot, crypt, or niche shall be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included has been dedicated pursuant to this chapter, nor shall any plot, crypt, or niche be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included shall either be free and clear of all incumbrances or there has been recorded the written consent of every incumbrancer thereof that the incumbrancer's incumbrance shall be subject and subordinate to the dedication of the property to cemetery purposes and the title of any plot, crypt, or niche owner."

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] make the following [disclosure requirements:] disclosures:

(1) The names and addresses of the authority and purchaser;

(2) A clear and concise statement of the property, including, for cemetery property, the location of the plot, crypt, or niche by its unique identifier, and of any 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] to the contract."

SECTION 4. Section 441-24, Hawaii Revised Statutes, is amended to read as follows:

"§441-24 Inspection of cemetery or pre-need funeral authority books[; annual exhibits]. The books, records, and papers of every cemetery authority whether or not a corporation, which operates or claims to operate a perpetual care cemetery, and of every pre-need funeral authority shall be subject to examination by the director [to the same extent and in the same manner as may be from time to time provided for corporations in section 414-472,] as provided by law, and every cemetery authority operating a perpetual care cemetery, and every pre-need funeral authority shall submit such information as may be required by the director in order to furnish information as to whether or not the cemetery or pre-need funeral authority has complied with this chapter."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2099.