Hawaii Revised Statutes 441. Cemetery and Funeral Trusts

• 441-1 Definitions.
  As used in this chapter: "Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the...
• 441-2 Certificate of Dedication.
  Every cemetery authority from time to time as its property may hereafter be made available for cemetery purposes, shall file in the office of...
• 441-3 Map or Plat Required; Unique Identifier.
  (a) The cemetery authority, as any of the dedicated cemetery property, or any part or section thereof, is offered for sale, transfer, or disposition...
• 441-4 Subdivision Law Not Applicable; Approval of Location and Boundaries by Council.
  No provision of law, ordinance, or government regulation relating generally to subdivisions, or the sale or transfer of land within subdivisions, shall be applicable...
• 441-5 Securities Law Not Applicable to Sales of Cemetery Property.
  No provision of law, ordinance, or government regulation relating to the registration and sale of securities shall apply to the sale by a cemetery...
• 441-5.5 Family Burial Plots.
  Owners of residential or agricultural property who use or intend to use their property for the interment of family members, shall be exempt from...
• 441-6 When Dedication Complete; Effect of Dedication.
  Upon the recordation or filing of a map or plat and certificate of dedication pursuant to sections 441-2 and 441-3, the dedication is complete...
• 441-7 Constructive Notice of Dedication.
  The filed map or plat and the recorded certificate of dedication shall constitute constructive notice to all persons of the dedication of the property...
• 441-8 Resurvey; Amended Map or Plat.
  Any plat of the property mapped or platted in accordance with this chapter may be resurveyed and replatted, and an amended map or plat...
• 441-9 Dedicated Property Exempt From Improvement Assessment.
  All property dedicated to cemetery purposes pursuant to this chapter, including roads, alleys, and walks, but excluding property on which there are family burial...
• 441-10 Proration and Consolidation of Existing Improvement District Encumbrances in Order to Clear Such Encumbrances Prior to Dedication.
  Notwithstanding section 441-4 exempting dedicated cemetery property from subdivision laws, the map or plat required by section 441-3 may be treated for purposes of...
• 441-11 Use As Cemetery May Not Be Disturbed After Dedication.
  After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication nor the title of any plot, crypt, or niche owner...
• 441-12 Mortgages and Liens; Consumer Contracts; Sales Prohibited.
  (a) Cemetery authorities may secure pecuniary obligations by mortgage or lien upon their property, whether or not the property has been set aside for...
• 441-13 Sale of Plots After Dedication; Sale of Encumbered Plots Prohibited Unless Encumbrance 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...
• 441-14 Dedication to Cemetery Purposes Does Not Violate Laws Against Perpetuities.
  Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of...
• 441-15 Removal of Dedication.
  Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or...
• 441-16 Hearing.
  The notice of hearing provided in section 441-15 shall be given by publication once a week for at least three consecutive weeks in a...
• 441-17 Existing Cemeteries Deemed Dedicated; Extension of Existing Cemeteries.
  All existing cemeteries or parts thereof which shall have been lawfully established, and for which a map or plat substantially similar to that required...
• 441-18 Repealed.
  L 1981, c 221, §3.
• 441-19 Powers and Duties of Director.
  In addition to any other powers and duties authorized by law, the director, pursuant to chapter 91 shall: (1) Grant licenses to cemetery and...
• 441-19.5 Repealed.
  L 1982, c 66, §9.
• 441-20 License Required to Act As Cemetery or Pre-Need Funeral Authority.
  No person shall act as a cemetery or pre-need funeral authority without a license previously issued by the director in compliance with this chapter...
• 441-20.5 Audit of Records of Cemetery or Pre-Need Funeral Authority.
  The department may audit the records of any cemetery or pre-need funeral authority with respect to its funds and pre-need trusts as they pertain...
• 441-20.6 Retaining Consultants.
  (a) The director may retain private consultants, by contract or otherwise, as determined by the director, in connection with the review of filings required...
• 441-21 No Cemetery or Pre-Need Funeral Authority License Issued When.
  No cemetery or pre-need funeral authority license shall be issued: (1) To any person unless the person has filed an application therefor; (2) To...
• 441-22 Bond.
  (a) A cemetery authority selling perpetual care, a cemetery authority selling pre-need interment services, or a pre-need funeral authority shall file and maintain with...
• 441-22.1 Exemption.
  The director shall exempt any cemetery authority from the bonding requirement and the fee requirements for license, renewal and reinstatement upon proof satisfactory to...
• 441-22.2 Pre-Need Trusts Required.
  Every cemetery and pre-need funeral authority shall maintain one or more trusts for deposit of payments received from purchasers of pre-need services. [L 1969,...
• 441-22.5 Mortuary, Cemetery, or Pre-Need Funeral Authority; Disclosure Requirements.
  (a) No cemetery property, interment services, funeral services, and related commodities shall be sold unless the mortuary, cemetery, or pre-need funeral authority first satisfies...
• 441-22.6 Mortuary, Cemetery, or Pre-Need Funeral Authority: Price List to Be Furnished.
  (a) Each mortuary, cemetery, or pre-need funeral authority shall provide to every prospective purchaser, for written approval, a current price list, which shall contain...
• 441-22.7 Further Additional Charges or Fees for Perpetual Care Prohibited; Unfair or Deceptive Act or Practice; Penalty.
  (a) Subsequent to the execution of a valid written contract for the sale of cemetery property, interment services, funeral services, and related commodities by...
• 441-22.8 Cancellation; Default and Termination; Refund.
  (a) At any time before pre-need funeral services or pre-need interment services are received by the purchaser or the purchaser's contract beneficiary, the purchaser may...
• 441-23 Fine, Revocation, Suspension, and Renewal of Authority Licenses.
  In addition to any other actions authorized by law, the director may fine an authority, revoke any authority license, or suspend the right of...
• 441-24 Inspection of Cemetery or Pre-Need Funeral Authority Books.
  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...
• 441-24.5 Pre-Need Trusts and Perpetual Care Funds; Audited Financial Statements.
  Every cemetery authority operating a perpetual care cemetery or which engages in pre-need sales or holds money in trust for pre-need interment services, and...
• 441-24.6 Pre-Need Trusts and Perpetual Care Funds; Actuarial Studies.
  (a) Every cemetery authority operating a perpetual care cemetery and every cemetery or pre-need funeral authority offering pre-need services shall contract with an independent...
• 441-24.7 Actuarial Study, Audited Financial Statement, Trust Agreement; Available for Review.
  (a) The actuarial study, audited financial statement, and trust agreement filed by a cemetery or pre-need funeral authority, as required by this chapter, shall...
• 441-25 License Not Required to Act As Cemetery or Pre-Need Funeral Salesperson.
  Chapter 467, relating to real estate brokers and salespersons, shall not be applicable to cemetery salespersons. [L 1967, c 199, pt of §1; HRS...
• 441-26 to 441-28 Repealed.
  L 1981, c 221, §§12 to 14.
• 441-29 Application for License; Fees.
  Every applicant for a license under this chapter shall file an application with the director in such form and setting forth such information as...
• 441-30 Form of Licenses.
  The form of every license shall be prescribed by the director, and shall be issued in the name of the department, and signed by...
• 441-30.5 Transfer of License.
  (a) No license issued under this chapter shall be transferred, assigned, or loaned to another person. Any transaction involving the transfer of a licensee's...
• 441-31 Fees; Biennial Renewals.
  (a) The fee for a cemetery or pre-need funeral authority original license, for reinstatement of a suspended license, for biennial renewal of a license,...
• 441-32 Delivery of Agreement.
  The cemetery or pre-need funeral authority shall deliver a copy of any contract pertaining to cemetery property, pre-need interment or pre-need funeral services to...
• 441-32.5 Sales Contracts; Filing With the Director.
  Every cemetery or pre-need funeral authority shall file with the director a copy of all existing contract forms, and any new contract form prior...
• 441-33 Repealed.
  L 1981, c 221, §18.
• 441-34 Repealed.
  L 1992, c 202, §193.
• 441-35 Perpetual Care Fund Expressly Permitted.
  A perpetual care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. No payment, gift,...
• 441-36 Perpetual Care Required.
  Any cemetery hereafter established shall be a perpetual care cemetery. No existing cemetery shall be operated as, or advertised or represented to be, a...
• 441-37 Trustee of Perpetual Care Fund and Pre-Need Trust.
  (a) Every perpetual care fund and pre-need trust shall be administered by a bank or a trust company authorized to do business in the...
• 441-38 Contributions and Payments to the Trustee.
  (a) A cemetery authority may take, receive, and transfer to the trustee as a part of or incident to the perpetual care fund any...
• 441-39 Principal of Fund or Trusts; Use of Income, Reserves.
  (a) The principal of the perpetual care fund shall be invested and in no event reduced. Only so much of the income of the...
• 441-40 Application of Principal and Income; Responsibility of Trustee.
  (a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall...
• 441-41 Investment of Perpetual Care Funds and Pre-Need Trusts.
  (a) The investment of perpetual care funds and pre-need trusts by a bank or trust company appointed as trustee shall be governed by the...
• 441-42 Trustee's Compensation.
  The trustee shall be entitled to the same compensation as provided by law for trust companies in the management of fiduciary accounts, but in...
• 441-43 Inspection, Regulation, and Supervision of Administrator.
  Any administrator of a perpetual care fund, other than a trust company, shall be subject to inspection, supervision, and regulation by the director to...
• 441-44 Trustee's Account; Enforcement by Attorney General.
  The trustee shall annually file with the director an account which shall be made in such form as shall be prescribed by the director....
• 441-45 Penalty.
  In addition to the penalties otherwise provided by law, any cemetery or pre-need funeral authority that violates, or fails to comply with any of the...
• 441-46 Surrender of License.
  (a) A pre-need authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter...

Last modified: October 27, 2016