Hawaii Revised Statutes
441. Cemetery and Funeral Trusts
441-22.1 Exemption.

§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 shall be required to comply with any provision of this chapter upon order by the director.
(b) Any church granted an exemption under this section shall be exempt from all requirements of this chapter. Any entity that is exempt as a church under federal tax law shall be considered a church for purposes of this section. [L 1968, c 14, §3; am L 1981, c 221, §8; am L 1985, c 101, §5; am L 2020, c 22, §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

441. Cemetery and Funeral Trusts

441-1 Definitions.

441-2 Certificate of dedication.

441-3 Map or plat required; unique identifier.

441-4 Subdivision law not applicable; approval of location and boundaries by council.

441-5 Securities law not applicable to sales of cemetery property.

441-5.5 Family burial plots.

441-6 When dedication complete; effect of dedication.

441-7 Constructive notice of dedication.

441-8 Resurvey; amended map or plat.

441-9 Dedicated property exempt from improvement assessment.

441-10 Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication.

441-11 Use as cemetery may not be disturbed after dedication.

441-12 Mortgages and liens; consumer contracts; sales prohibited.

441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.

441-14 Dedication to cemetery purposes does not violate laws against perpetuities.

441-15 Removal of dedication.

441-16 Hearing.

441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.

441-18 REPEALED.

441-19 Powers and duties of director.

441-19.5 REPEALED.

441-20 License required to act as cemetery or pre-need funeral authority.

441-20.5 Audit of records of cemetery or pre-need funeral authority.

441-20.6 Retaining consultants.

441-21 No cemetery or pre-need funeral authority license issued when.

441-22 Bond.

441-22.1 Exemption.

441-22.2 Pre-need trusts required.

441-22.5 Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.

441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.

441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.

441-22.8 Cancellation; default and termination; refund.

441-23 Fine, revocation, suspension, and renewal of authority licenses.

441-24 Inspection of cemetery or pre-need funeral authority books.

441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.

441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.

441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.

441-25 License not required to act as cemetery or pre-need funeral salesperson.

441-26 to 441-28 REPEALED.

441-29 Application for license; fees.

441-30 Form of licenses.

441-30.5 Transfer of license.

441-31 Fees; biennial renewals.

441-32 Delivery of agreement.

441-32.5 Sales contracts; filing with the director.

441-33 REPEALED.

441-34 REPEALED.

441-35 Perpetual care fund expressly permitted.

441-36 Perpetual care required.

441-37 Trustee of perpetual care fund and pre-need trust.

441-38 Contributions and payments to the trustee.

441-39 Principal of fund or trusts; use of income, reserves.

441-40 Application of principal and income; responsibility of trustee.

441-41 Investment of perpetual care funds and pre-need trusts.

441-42 Trustee's compensation.

441-43 Inspection, regulation, and supervision of administrator.

441-44 Trustee's account; enforcement by attorney general.

441-45 Penalty.

441-46 Surrender of license.