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
441-19 Powers and duties of director
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
441-29 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
441-35 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

Terms Used In Hawaii Revised Statutes > Chapter 441 - Cemetery and Funeral Trusts

  • Advanced life support: means initiating all basic life support care as well as invasive patient care designed to stabilize and support a patient's condition due to sudden illness or injury. See Hawaii Revised Statutes 321-222
  • Advisory committee: means the emergency medical services advisory committee. See Hawaii Revised Statutes 321-222
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Basic life support: means initiating noninvasive emergency patient care designed to optimize the patient's chances of surviving the emergency situation. See Hawaii Revised Statutes 321-222
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Biological risk: means prenatal, perinatal, neonatal, or early developmental events suggestive of biological insults to the developing central nervous system which increase the probability of delayed development. See Hawaii Revised Statutes 321-351
  • Case management: means an ongoing service of shared responsibility between families and professionals that identifies needs and assists in obtaining coordinated, appropriate services and resources. See Hawaii Revised Statutes 321-351
  • Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 441-1
  • Cemetery authority: means any person who undertakes to establish, maintain, manage, operate, improve, or conduct a cemetery to inter human remains; or offers perpetual care of the cemetery; or sells or holds money in trust for pre-need interment services, whether or not the person undertakes such activity for profit; provided that this shall not apply to the designated trustee of the funds. See Hawaii Revised Statutes 441-1
  • Cemetery property: means any property, or part or interest therein, dedicated to, used or intended to be used for, the permanent interment of human remains. See Hawaii Revised Statutes 441-1
  • Child: means a person under eighteen years of age. See Hawaii Revised Statutes 321-342
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delayed development: means a significant delay in one or more of the following areas of development:  cognition, speech, language, physical, motor, vision, hearing, psychosocial, or self-help skills. See Hawaii Revised Statutes 321-351
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 441-1
  • Department: means the department of health. See Hawaii Revised Statutes 321-222
  • Department: means the department of health. See Hawaii Revised Statutes 321-342
  • Department: means the department of health. See Hawaii Revised Statutes 321-351
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 441-1
  • Director: means the director of health or the director's designated representatives. See Hawaii Revised Statutes 321-342
  • Director: means the director of health. See Hawaii Revised Statutes 321-351
  • Early intervention services: means services which:

         (1)  Are provided under public supervision;

         (2)  Are provided at no cost, except where federal or state law provides for a system of payments by families, including a sliding fee schedule;

         (3)  Are designed to meet the developmental needs of infants and toddlers with special needs, which include but are not limited to physical development, cognitive development, and self-help skills;

         (4)  Are provided by qualified professional and paraprofessional personnel;

         (5)  Are provided in conformity with an individualized family support plan; and

         (6)  Include but are not limited to:  family support, counseling, and home visits; special instruction; speech pathology and audiology; occupational therapy; physical therapy; psychological services; case management services; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; and health services necessary to enable the infant or toddler to benefit from the other early intervention services. See Hawaii Revised Statutes 321-351

  • Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling the device, an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 321-211
  • Emergency aeromedical services: means a secondary response system that provides immediate critical care and transport by rotary-wing aircraft of a patient to a facility that provides specialized medical care. See Hawaii Revised Statutes 321-222
  • Emergency medical services for children: means comprehensive emergency medical services including preventive, pre-hospital, hospital, rehabilitative, and other post-hospital care for children. See Hawaii Revised Statutes 321-222
  • Emergency medical services personnel: means any mobile intensive care technician or emergency medical technician who is certified or licensed by the State. See Hawaii Revised Statutes 321-222
  • Environmental risk: means physical, social, or economic factors which may limit development. See Hawaii Revised Statutes 321-351
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family: means :

         (1)  Each legal parent;

         (2)  The natural mother;

         (3)  The natural father;

         (4)  The adjudicated, presumed, or concerned natural father as defined under section 578-2;

         (5)  Each parent's spouse or former spouses;

         (6)  Each sibling or person related by consanguinity or marriage;

         (7)  Each person residing in the same dwelling unit; and

         (8)  Any other person who, or legal entity that, is a child's legal or physical custodian or guardian, or who is otherwise responsible for the child's care, other than an authorized agency that assumes such a legal status or relationship with the child under chapter 587A. See Hawaii Revised Statutes 321-342

  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Funeral services: means arranging for or providing for pick up of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 441-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Infants and toddlers with special needs: means infants and toddlers from birth to the age of three with delayed development, biological risk, or environmental risk. See Hawaii Revised Statutes 321-351
  • Interment: means the disposition of human remains by cremation and inurnment, entombment, or burial in a place used, or intended to be used, and dedicated for cemetery purposes. See Hawaii Revised Statutes 441-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mausoleum crypt: means a chamber or space in a structure or building of sufficient size, used or intended to be used, to entomb human remains. See Hawaii Revised Statutes 441-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Niche: means a recess of space in a structure or plot of earth used or intended to be used for the permanent inurnment therein of the cremated remains of one or more deceased persons. See Hawaii Revised Statutes 441-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Perpetual care cemetery: means any cemetery or section of a cemetery, the plots, crypts, or niches of which are sold or disposed of, or are offered for sale or disposition, upon the representation that the plots, crypts, or niches will receive perpetual care. See Hawaii Revised Statutes 441-1
  • Perpetual care fund: means a fund separately maintained to provide for the perpetual care of a cemetery in conformity with this chapter. See Hawaii Revised Statutes 441-1
  • Person: means an individual, partnership, corporation, county, association, or any other group however organized. See Hawaii Revised Statutes 441-1
  • Personal property: All property that is not real property.
  • Plot: means a grave or space in a cemetery sold or otherwise disposed of to one or more persons, used or intended to be used, for the permanent interment therein of the remains of one or more deceased persons. See Hawaii Revised Statutes 441-1
  • Possession: means knowingly having direct physical control at a given time or knowingly having the power and the intention, at a given time, to exercise dominion or control, including the actual use of the tobacco product. See Hawaii Revised Statutes 321-211
  • Pre-need funeral authority: means any person who is engaged in the business of selling pre-need funeral services, or holds money in trust to provide for future funeral services; provided that this shall not apply to the designated trustee of the funds. See Hawaii Revised Statutes 441-1
  • Pre-need funeral service: means arranging for the pick up of human remains, embalming, placing the same on display, furnishing of funeral services and related commodities, including but not limited to caskets and urns, or otherwise providing for the final disposition of human remains, which services are to be rendered at some future date. See Hawaii Revised Statutes 441-1
  • Pre-need interment services: means the furnishing of opening and closing services and related commodities, including but not limited to vaults, markers, and vases, which services are to be rendered at some future date. See Hawaii Revised Statutes 441-1
  • Pre-need trust: means a fund separately maintained to provide for the future services agreed to or contracted for by the pre-need funeral service plan participant or the pre-need interment service plan participant. See Hawaii Revised Statutes 441-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • State system: means the state comprehensive pre-hospital emergency medical services system. See Hawaii Revised Statutes 321-222
  • Tobacco product: means tobacco in any form, including an electronic smoking device, cigarettes, cigars, snuff, and chewing tobacco, that is prepared or intended for consumption by, or the personal use of, humans. See Hawaii Revised Statutes 321-211
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a bank or a trust company, authorized to transact such business in the State, or a board of trustees appointed by the governing body of the cemetery and pre-need funeral authority, designated as trustee pursuant to a written trust agreement under the terms of this chapter for the funds deposited by an authority. See Hawaii Revised Statutes 441-1