STAND. COM. REP. NO. 1390

Honolulu, Hawaii

, 2005

RE: H.B. No. 868

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Housing, to which was referred H.B. No. 868, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CEMETERIES,"

begs leave to report as follows:

The purpose of this measure is to facilitate the identification and location of remains contained in a cemetery.

The Department of Commerce and Consumer Affairs (DCCA) and Hawaiian Memorial Life Plan, Ltd. testified in support of this measure.

This measure requires a cemetery authority to:

(1) File and maintain a mat or plat that uniquely identifies each plot, crypt, or niche;

(2) Maintain a permanent and accurate record of the identity of each person located in the cemetery, along with the corresponding unique identifier that indicates the location of the person's remains within the cemetery;

(3) Specify unique identifiers in any document that sells, transfers, or disposes of any plot, crypt, or niche;

(4) Disclose the location of a plot, crypt, or niche by its unique identifier in a written contract with a purchaser of cemetery property or pre-need interment services and related commodities; and

(5) Submit its books, records, and papers to DCCA for review.

This measure also requires a pre-need funeral authority to comply with the latter requirement.

Your Committee finds that this measure's map and disclosure requirements will facilitate a licensee's timely response to inquiries from the public or DCCA regarding the location of remains within a cemetery.

Your Committee has amended this measure by making technical, stylistic amendments.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 868, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 868, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Housing,

____________________________

RON MENOR, Chair