Bill Text: HI SB1021 | 2021 | Regular Session | Introduced
Bill Title: Relating To Burials.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2021-04-21 - Conference committee meeting to reconvene on 04-22-21 3:00PM; CR 329. [SB1021 Detail]
Download: Hawaii-2021-SB1021-Introduced.html
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THE SENATE |
S.B. NO. |
1021 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to burials.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 441-13, Hawaii Revised Statutes, is amended to read as follows:
"§441-13 Sale of plots after dedication; sale of
encumbered plots prohibited unless encumbrance subordinate to dedication[.];
prohibition of limitations on the number of sets of cremated human remains or burials
prepared consistent with traditional Hawaiian cultural customs and practices.
(a)
After property is
dedicated pursuant to this chapter, a cemetery authority may sell, transfer,
and convey plots, crypts, or niches thereof[, which]; provided that the
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.
(b)
No plot, crypt, or niche shall be sold,
transferred, conveyed, or otherwise disposed of, or offered for sale, transfer,
conveyance, or other disposition[, unless]:
(1) Unless the property on or in which the plot, crypt, or niche is included:
(A) [has]
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]; and
(B) Is
either [be] free and clear of all encumbrances or there has been
recorded the written consent of every encumbrancer thereof stating 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[.]; or
(2) In a manner that limits the number of sets of cremated human remains or burials prepared consistent with traditional Hawaiian cultural customs and practices that may be interred in a single plot, crypt, or niche to fewer than ten."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Cemeteries; Plots; Human Remains; Limits; Prohibition
Description:
Prohibits selling, transferring, conveying, or otherwise disposing of or offering for sale any plots, crypts, or niches having an authorized capacity limit of fewer than ten sets of cremated human remains or burials prepared consistent with traditional Hawaiian cultural customs and practices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
