reglab/housing_qa huggingface dataset:
HI Rev Stat § 441-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.

  §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, crypts, or niches shall be described by reference to the map or plat, or amended map or plat, filed in accordance with section 441-3 or 441-8. No plot, crypt, or niche shall be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included has been dedicated pursuant to this chapter, nor shall any plot, crypt, or niche be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included shall either be free and clear of all encumbrances or there has been recorded the written consent of every encumbrancer thereof that the encumbrancer's encumbrance shall be subject and subordinate to the dedication of the property to cemetery purposes and the title of any plot, crypt, or niche owner. [L 1967, c 199, pt of §1; HRS §441-13; gen ch 1985; am L 2007, c 188, §4]
HI Rev Stat § 441-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-14 Dedication to cemetery purposes does not violate laws against perpetuities.

  §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 is expressly permitted and deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to and for the benefit of the general public. [L 1967, c 199, pt of §1; HRS §441-14] Cross References  Uniform statutory rule against perpetuities, see chapter 525.
HI Rev Stat § 441-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-15 Removal of dedication.

  §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 property is located and the decree is filed in the bureau of conveyances or land court in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:  (1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed;  (2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains. [L 1967, c 199, pt of §1; HRS §441-15]
HI Rev Stat § 441-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-16 Hearing.

  §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 three conspicuous places on that portion of the property from which the dedication is to be removed. The notice shall:  (1) Describe the portion of the cemetery property sought to be removed from dedication;  (2) State that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication;  (3) Specify the time and place of the hearing. [L 1967, c 199, pt of §1; HRS §441-16]
HI Rev Stat § 441-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.

  §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 the bureau of conveyances or in the office of the assistant registrar of the land court, shall be deemed to have been dedicated as of [July 1, 1967], to the same extent and with like effect as provided in this chapter. [L 1967, c 199, pt of §1; HRS §441-17]
HI Rev Stat § 441-18 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-18 REPEALED.

  §441-18 REPEALED. L 1981, c 221, §3.
HI Rev Stat § 441-19 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-19 Powers and duties of director.

  §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:  (1) Grant licenses to cemetery and pre-need funeral authorities pursuant to this chapter and rules adopted pursuant thereto;  (2) Adopt, amend, or repeal rules as the director deems proper to fully effectuate this chapter and carry out the purpose thereof, which is the protection of the general public in its acquisitions of cemetery property, pre-need interment services, at-need funeral services, and pre-need funeral services. The rules may forbid acts or practices deemed by the director to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require mortuary, cemetery, and pre-need funeral authorities to make reports to the director containing such information as will better enable the director to enforce this chapter and the rules, or as will better enable the director from time to time to amend the rules to more fully effectuate the purpose of this chapter. The rules may also require mortuary, cemetery, and pre-need funeral authorities to furnish reports to their clients containing such matters of information as the director deems necessary to promote the purpose of this chapter; provided that this enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the director's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;  (3) Enforce this chapter and rules adopted pursuant thereto;  (4) Fine, suspend, or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any license for any cause that would be grounds for revocation or suspension of a license;  (5) Report to the governor annually and at such other times and in such other manner as the governor may require concerning the director's activities;  (6) Publish and distribute pamphlets and circulars containing such information as the director deems proper to further the accomplishments of the purpose of this chapter;  (7) Investigate the actions of any person acting in the capacity of a licensee under this chapter if there is reason to believe that there may be a violation of this chapter or the rules adopted pursuant thereto;  (8) Extend the deadline for, or defer the filing of, any periodic report required under this chapter, provided that the licensee meets the conditions and requirements set forth by the director in rules; and  (9) Provide in the rules for alternatives to any bonding or insurance requirement imposed by this chapter when a bond or insurance cannot reasonably be secured and the alternative measures provide for the same degree of protection to the consumer. [L 1967, c 199, pt of §1; HRS §441-19; am L 1969, c 242, §2; am L 1975, c 21, §4; am L 1981, c 221, §4; am L 1985, c 101, §2; gen ch 1985; am L 1986, c 35, §1; am L 1992, c 202, §50]
HI Rev Stat § 441-19.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-19.5 REPEALED.

  §441-19.5 REPEALED. L 1982, c 66, §9.
HI Rev Stat § 441-20 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-20 License required to act as cemetery or pre-need funeral authority.

  §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 shall exempt any cemetery authority upon its proof satisfactory to the director that it will not make any additional interments. [L 1967, c 199, pt of §1; HRS §441-20; am L 1969, c 242, §3; am L 1975, c 21, §5; am L 1981, c 221, §5; am L 1982, c 66, §2]
HI Rev Stat § 441-20.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-20.5 Audit of records of cemetery or pre-need funeral authority.

  §441-20.5 Audit of records of cemetery or pre-need funeral authority. The department may audit the records of any cemetery or pre-need funeral authority with respect to its funds and pre-need trusts as they pertain to the deposits and withdrawals to the fund and trust. For that purpose, the department shall have free access to the office and places of business of all cemetery and pre-need funeral authorities and the trustee. The department may contract with a private consultant to audit the records of any cemetery or pre-need funeral authority, the cost of which shall be borne by the authority. [L 1985, c 101, §28]
HI Rev Stat § 441-20.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-20.6 Retaining consultants.

 §441-20.6 Retaining consultants. (a) The director may retain private consultants, by contract or otherwise, as determined by the director, in connection with the review of filings required of cemetery authorities, pre-need funeral authorities, or applicants under this chapter. Except as limited under subsection (c) below, the cost of contracting private consultants shall be borne by the cemetery authority, pre-need funeral authority, or applicant making the filing.  (b) The consultant shall perform all tasks as directed by the director under subsection (a), including but not limited to:  (1) Reviewing the filing, in whole or in part, including documentation and other provided materials, for the purpose of examining its compliance with the requirements of this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws; and  (2) Providing to the director a written analysis of the filing upon completing the review, including an opinion of the nature and extent to which there is compliance with this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws.  (c) Without the written consent of the cemetery authority, pre-need funeral authority, or applicant making the filing, the cost to be borne by a cemetery authority, pre-need funeral authority, or applicant for a filing under this chapter shall not exceed $25,000; provided that in the event the cost reaches $25,000 and prior to any consultant continuing with the review, the cemetery authority, pre-need funeral authority, or applicant making the filing shall:  (1) Provide written consent to exceed the $25,000 fee;  (2) Withdraw the filing; or  (3) Except in the case of an incomplete filing, receive a denial or refusal by the director to approve the filing. By providing the written consent described in subsection (c)(1), the cemetery authority, pre-need funeral authority or applicant making the filing shall not be deemed to have waived any rights it may have under chapters 91 and 436B should the director subsequently deny or refuse to approve the filing. [L 2002, c 214, §1]
HI Rev Stat § 441-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-21 No cemetery or pre-need funeral authority license issued when.

  §441-21 No cemetery or pre-need funeral authority license issued when. No cemetery or pre-need funeral authority license shall be issued:  (1) To any person unless the person has filed an application therefor;  (2) To any person who does not possess financial integrity;  (3) To any person unless it is a religious institution, corporation, county, or any association which has a perpetual existence;  (4) To any person unless the person files with the director a bond as required by section 441-22;  (5) To any person failing to establish and maintain pre-need trusts and perpetual care funds as required by this chapter;  (6) To any person failing to file with the director a copy of the documentation as required by either section 441-37(a) and (b) or section 441-37(a) and (c);  (7) To any person failing to file with the director a copy of contract form as required by section 441-32.5. [L 1967, c 199, pt of §1; HRS §441-21; am L 1969, c 242, §4; am L 1975, c 21, §6; am L 1981, c 221, §6; am L 1982, c 66, §3; am L 1985, c 101, §3]
HI Rev Stat § 441-22.1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|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]
HI Rev Stat § 441-22.2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-22.2 Pre-need trusts required.

  §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]
HI Rev Stat § 441-22.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.

  §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 prices for each type of property, service, or item which is a part of the cemetery property, interment, or funeral services and related commodities which the mortuary, cemetery, or pre-need funeral authority offers, including the price for services directly related to the transfer of ownership rights. Pursuant to section 441-22.7, no further additional charges or fees shall be added to the price list for perpetual care subsequent to the execution of the contract for any purpose and on any occasion.  (b) The mortuary, cemetery, or pre-need funeral authority may use the format for a price list as established by the rules adopted by the director. [L 1980, c 23, pt of §1; am L 1985, c 101, §8; am L 1998, c 232, §3]
HI Rev Stat § 441-22.7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.

  §441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty. (a) Subsequent to the execution of a valid written contract for the sale of cemetery property, interment services, funeral services, and related commodities by a mortuary, cemetery, or pre-need funeral authority to a purchaser in accordance with this chapter, further additional charges or fees for perpetual care shall be prohibited beyond those originally agreed upon in the contract and no such charges or fees shall be charged or collected by the seller for any purpose and upon any occasion; provided that a reasonable fee may be charged for administrative costs related to the transfer of ownership rights, including the cost of research, document and file preparation, photocopying, notary fees, records transfer and storage, and any other costs directly related to the transfer of ownership rights.  (b) A mortuary, cemetery, or pre-need funeral authority who violates subsection (a) is guilty of engaging in an unfair or deceptive act or practice under section 480-2, and shall be fined not less than $500 nor more than $10,000 for each violation. The penalties provided in this subsection are cumulative to the remedies or penalties available under all other laws of this State. [L 1998, c 232, §1]
HI Rev Stat § 441-23 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-23 Fine, revocation, suspension, and renewal of authority licenses.

  §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 for any cause authorized by law, including but not limited to the following:  (1) Any dishonest or fraudulent act as a cemetery or pre-need funeral authority that causes substantial damage to another;  (2) Making repeated misrepresentations or false promises through advertising or otherwise;  (3) Violation of this chapter or the rules adopted pursuant thereto;  (4) Commingling the money or other property of others with that of the licensee;  (5) Having been adjudicated insane or incompetent;  (6) Selling or offering to sell any cemetery property, pre-need interment, funeral services, or pre-need funeral services based on speculation or promises of profit from resale;  (7) Failing to file the actuarial study or an audited financial statement or to maintain in effect the bond as required by section 441-22;  (8) Failing to maintain pre-need trusts or perpetual care funds as required by this chapter; or  (9) Violating section 441-22.7. [L 1967, c 199, pt of §1; HRS §441-23; am L 1969, c 242, §6; am L 1974, c 205, §2(7); am L 1975, c 21, §8; am L 1981, c 221, §9; am L 1982, c 66, §6; am L 1985, c 101, §9; am L 1992, c 202, §51; am L 1998, c 232, §4]
HI Rev Stat § 441-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-24 Inspection of cemetery or pre-need funeral authority books.

  §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 examination by the director as provided by law, and every cemetery authority operating a perpetual care cemetery, and every pre-need funeral authority shall submit such information as may be required by the director to furnish information as to whether or not the cemetery or pre-need funeral authority has complied with this chapter.  The records of every cemetery authority shall include the information required under section 441-3(b). The records of every cemetery and pre-need funeral authority shall also include a record of any and all notifications from purchasers or representatives of purchasers regarding:  (1) Any change in address; and  (2) Notice of cancellation,  and shall include copies of any and all written notices of termination that were sent to purchasers. Change of address notices, cancellation notices, and notices of termination relating to each contract containing any pre-need funeral services or pre-need interment services shall be maintained by the authority at all times prior to delivering goods or rendering services on the contract and for a period of at least six months after all goods have been delivered or all services have been rendered. [L 1967, c 199, pt of §1; HRS §441-24; am L 1969, c 242, §7; am L 1975, c 21, §9; am L 1981, c 221, §10; am L 1983, c 167, §15; am L 1985, c 270, §4; am L 2002, c 40, §75; am L 2007, c 188, §6]
HI Rev Stat § 441-24.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.

  §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 engages in pre-need sales or holds money in trust for pre-need funeral services shall submit an audited financial statement of its pre-need trusts and perpetual care funds to the director within ninety days after the close of the authority's books on a fiscal or calendar year basis. [L 1982, c 66, §1; am L 1985, c 101, §10; ree L 1986, c 339, §74] Note  The amendment by L 1985, c 269, §55, is not included in this section.
HI Rev Stat § 441-24.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.

  §441-24.6 Pre-need trusts and perpetual care funds; actuarial studies. (a) Every cemetery authority operating a perpetual care cemetery and every cemetery or pre-need funeral authority offering pre-need services shall contract with an independent actuary to conduct an annual study of its level of funding. In the case of a perpetual care cemetery, the study shall be to determine whether the authority's perpetual care fund will provide sufficient income to cover the costs of the perpetual care of the cemetery. In the case of a cemetery or pre-need funeral authority, the study shall be to determine whether the authority's pre-need trust will be sufficient to cover the claims of pre-need plan participants.  (b) The actuarial study shall be submitted to the director within one hundred twenty days after the close of the authority's books for the fiscal or calendar year. At a minimum, such study shall detail the assets and liabilities of the fund or trust, the actuarial assumptions used in preparing the report and the actuary's conclusions as to whether the levels of funding are adequate. If the actuary concludes that the funding is not adequate, the actuary shall recommend what actions are necessary to protect the perpetual care fund or pre-need trust participants.  (c) If the study concludes that the levels of funding are not adequate or that the interests of the participants in the perpetual care fund or pre-need trusts are in any other respect not adequately protected, the director may require that a greater portion of the income be transferred to the fund or trust or may take such other action as is necessary to correct any inadequacies or may suspend the authority's right to accept further participants in the fund or trust. If requested by the authority, a hearing on the action taken by the director shall be conducted pursuant to chapter 91. [L 1985, c 101, §25]