HOUSE OF REPRESENTATIVES

H.B. NO.

2565

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to memorials.

 

 

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

 


     SECTION 1.  For many people in Hawaii, fulfilling the last wishes of loved ones includes giving the ashes of the deceased over to the ocean.  For a variety of reasons, including practical issues involving the high cost of burial in cemeteries, spiritual practices concerned with the life-giving and cyclical nature of water and the sea, or aesthetic desires involving the beauty of the ocean itself, many Hawaii residents choose that the ocean be their final resting place through the scattering of their ashes by family and friends.  Associated with these types of final arrangements, family and friends may additionally commemorate their loved ones through memorials constructed on coastal land.  Ownership status of coastal land is frequently unclear and memorials may be placed on either public or private land, with the deceased's family and friends unaware of the land's status.

     The legislature finds that the State has an interest in tracking and regulating coastal memorials in order to safeguard the public health and safety as well as to protect potentially fragile coastal land.  However, this endeavor is complicated because it involves the deployment of limited public resources and personnel and the status of the land or its actual ownership may be unclear or indeterminable.  Therefore, the legislature further finds that the issue of coastal memorials deserves further review and evaluation.

     SECTION 2.  (a)  There is established the coastal memorials task force within the department of land and natural resources for administrative purposes.  The task force shall consist of the following members:

     (1)  The chairperson of the board of land and natural resources or the chairperson's designee;

     (2)  The director of transportation or the director's designee;

     (3)  The chairperson of the Hawaiian homes commission or the chairperson's designee;

     (4)  A member of the house of representatives, designated by the speaker of the house of representatives;

     (5)  A member of the senate, designated by the senate president;

     (6)  One representative from each county, designated by the respective county's mayor;

     (7)  A member of the community, designated by the speaker of the house of representatives;

     (8)  A member of the community, designated by the president of the senate; and

     (9)  A member of the community, designated by the governor.

The members of the task force shall elect a chairperson from among its membership.

(b)  The coastal memorials task force shall:

     (1)  Review and evaluate the practice of erecting coastal memorials with respect to the safety of beach users;

     (2)  Develop standards to regulate the practice of erecting coastal memorials;

     (3)  Consider the size, placement, and duration of coastal memorials in its review; and

     (4)  Report its findings and recommendations to the legislature, including any proposed legislation, no later than thirty days prior to the convening of the regular session of 2016.

(c)  Members of the coastal memorials task force shall serve without compensation but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties.

(d)  The legislative reference bureau shall assist the coastal memorials task force in preparing its findings, recommendations, and proposed legislation; provided that the chairperson of the task force shall submit the necessary information therefor to the legislative reference bureau for drafting no later than November 1, 2015.

(e)  For purposes of this Act, "coastal memorials" mean impromptu structures built on public land along coastal areas of the state on occasion, to commemorate the death of another person.

(f)  The coastal memorials task force shall cease to exist on June 30, 2016.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Coastal Memorials Task Force

 

Description:

Establishes the Coastal Memorials Task Force to review, evaluate, develop standards, and make recommendations regarding the practice of erecting coastal memorials.

 

 

 

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