Chapter 441 — Chapter 441

§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 permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with o…

§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 t…

§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 shall be affected by the dissolution of the cemetery authority, by non…

§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 interment purposes, and may sell plots, crypts, niches, or cont…

§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, crypt…

§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 alienation of title to or use of property, but …

§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 any part of it by an order and decree of the circuit court of the judicial circuit in which the p…

§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 daily newspaper of general circulation in the county where the cemetery is located, and the posting of copies of the notice in thr…

§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 by section 441-3 has been filed or recorded in t…

§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:

§441-19.5 REPEALED. L 1982, c 66, §9.

§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 the bureau of conveyances or, in the case of registered land, in the office of the assistant registrar o…

§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 and the rules of the director; provided that the director…

§441-21 No cemetery or pre-need funeral authority license issued when. No cemetery or pre-need funeral authority license shall be issued:

§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 the director a bond in the penal sum of $50,000 for each new license and for the renewal of a lice…

§441-22.1 Exemption. (a) The director shall exempt any cemetery authority from the provisions of this chapter upon proof satisfactory to the director that the cemetery authority does not sell for financial profit; provided that a cemetery authority exempted under this section sha…

§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, c 242, §15; am L 1982, c 66, §5; am L 1985, c 101, §6]

§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 the requirement…

§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 separately stated pric…

§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 the licensee to use the license, or refuse to renew any license f…

§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 of every pre-need funeral authority shall be subject to …

§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 every pre-need funeral authority which en…

§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 §441-25; am L 1969, c 242, §8; am L 1970, c 62, §1; am L…

§§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 may be prescribed or required by the director and shall furnish such additional information beari…

§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 in the form of plots, crypts, or niches, shall also: (b) The cemetery authority sha…

§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 the director. [L 1967, c 199, pt of §1; HRS §441-30; am L 1975, c 21, §14; am L 1981, c 221, §16]

§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, and for the reissuance of a license when there has been a change in the licensee's name, shall …

§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 the person or persons signing it at the time the signature is obtained; provided that…

§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 to its use, relating to the selling of cemetery property or pre-need services and …

§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, grant, bequest, or other contribution for perpetual care is invalid by reason …

§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 perpetual care cemetery except in compliance with this chapter. Every cemetery authority operat…

§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 State; or a board of trustees as defined in section 441-1. Each authority covered under …

§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 property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to …

§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 fund shall be paid to the cemetery authority as it, by submission of vouchers, can reasonably sh…

§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 to cemeteries. Each county …

§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 not withdraw money from the income of the perpetual care fund u…

§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 standards prescribed in article 8 of chapter 412. (b) The investment of perpetua…

§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 no event shall any sum in excess of five per cent of the income derived from the fund or pre-need trust 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 the same extent and in the same manner as may be from time to t…

§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. The director shall notify the attorney general of any failure on the part of the trust…

§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 provisions of this chapter or rules adopted pursuant thereto shall be fined not more than $5,000 for each violatio…

§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 by voluntarily offering to surrender its license to the director with a sworn stateme…

§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 authority of plots, crypts, or niches dedicated, described, and s…

§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 with respect to all property or parts thereof which are described or depicted in o…

§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 to cemetery purposes. [L 1967, c 199, pt of §1; HRS §441-7]

§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 filed, so long as such change does not disturb the interred remains of any deceased person. [L 1967, c 199,…