STAND. COM. REP. NO. 830

Honolulu, Hawaii

, 2005

RE: H.B. No. 868

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 868, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CEMETERIES,"

begs leave to report as follows:

The purpose of this bill is to amend Chapter 441, Hawaii Revised Statutes, relating to cemetery and funeral trusts. Specifically, this bill:

(1) Enables a cemetery authority to respond to inquiries about the location of a deceased in a timely manner by requiring the cemetery authority to:

(a) Assign a "unique identifier" to each plot, crypt, or niche; and

(b) Maintain a permanent, accurate record of the identity of each person whose remains are located in the cemetery, together with the corresponding "unique identifier";

(2) Requires a cemetery authority to maintain a copy of all filed cemetery property maps or plats as a permanent record;

 

(3) Mandates disclosure of the unique identifier for a plot, crypt, or niche to be sold, as described by reference to its map or plat, as a part of cemetery and funeral authority contract disclosure requirements; and

(4) Makes the cemetery authority's books subject to examination by the Director of the Department of Commerce and Consumer Affairs (DCCA) as provided by law.

DCCA testified in support of this bill. The Hawaiian Memorial Plan, Ltd., offered comments.

Your Committee has amended this bill by making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 868, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 868, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair