Hawaii Revised Statutes
441. Cemetery and Funeral Trusts
441-3 Map or plat required; unique identifier.

§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:
(1) In the case of land, survey and subdivide the dedicated cemetery property into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, blocks, plots, avenues, walks, or other subdivisions, with descriptive names, initials, or numbers that uniquely identify each plot;
(2) In the case of a mausoleum or columbarium, make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names, initials, or numbers that uniquely identify each niche, mausoleum, or crypt; and
(3) File the maps or plats required by this section in the office of the bureau of conveyances or the office of the assistant registrar of the land court, and maintain a copy of all filed maps as a permanent record of the cemetery authority.
(b) The cemetery authority shall also maintain a permanent, accurate record of the identity of each person whose remains are located in the cemetery, together with the corresponding unique identifier that indicates the location of the person's remains within the cemetery. The records required by this section shall be prepared and maintained in a manner that will enable the cemetery authority to timely respond to inquiries from the public or the department regarding the location of a person's remains within the cemetery.
(c) The cemetery authority shall specify the unique identifier of a plot, crypt, or niche in any document that provides for the sale, transfer, or disposition of the plot, crypt, or niche. [L 1967, c 199, pt of §1; HRS §441-3; am L 2007, c 188, §2]

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.