STAND. COM. REP. NO.  113

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 1245

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 1245 entitled:

"A BILL FOR AN ACT RELATING TO CEMETERIES,"

begs leave to report as follows:

The purpose of this measure is to implement a long-term solution for Sunset Memorial Park in Pearl City, Oahu.  Specifically, this measure:

     (1)  Requires the Director of Commerce and Consumer Affairs (Director), in consultation with the Comptroller, to develop strategies for the upkeep, repair, and maintenance of Sunset Memorial Park;

     (2)  Authorizes the Director to access the Sunset Memorial Trust Fund to pay for the repair and maintenance of the cemetery; and

     (3)  Limits liability for persons maintaining or repairing cemetery grounds.

The Pearl City Neighborhood Board and several concerned individuals supported this measure.  The Department of Accounting and General Services, Department of Commerce and Consumer Affairs, Hawaii Association for Justice, and several concerned individuals provided comments.

     Your Committee has amended this measure by:

     (1)  Incorporating the amendments provided by the Department of Commerce and Consumer Affairs, which clarify the limited liability provisions for persons that maintain or repair cemetery grounds as volunteers;

     (2)  Changing the effective date to July 1, 2050, to encourage further discussion; and

     (3)  Making technical nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1245, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1245, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

RYAN I. YAMANE, Chair