Report Title:

Cemetery and Funeral Trusts

Description:

Allows the director of commerce and consumer affairs to contract with private consultants to assist in the review of cemetery and pre-need funeral authority license applications, regulatory issues, and related documentation (HB2468 HD1).

HOUSE OF REPRESENTATIVES

H.B. NO.

2468

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CEMETERY AND FUNERAL TRUSTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 441, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"441- Retaining consultants. (a) The director may retain private consultants, by contract or otherwise, including but not limited to attorneys, auditors, accountants, investigators, examiners, and other professional, technical, and support personnel as determined by the director, to fully effectuate the purpose of this chapter. The cost of retaining private consultants shall be paid by the applicable cemetery authority or applicant, or pre-need funeral authority or applicant involved in the retention of the consultant.

(b) The consultant shall perform all tasks as directed by the director including but not limited to:

(1) Determining compliance with the requirements of this chapter, the rules adopted by the director, and any other applicable laws;

(2) Reviewing the application, in whole or in part, including documentation and other provided materials, for the purpose of examining its compliance with the requirements of this chapter, the rules adopted by the director, and any other applicable laws; and

(3) Providing a written analysis of the application or regulatory issue upon completing the review, including an opinion of the nature and extent to which there is compliance with this chapter, the rules adopted by the director, and any other applicable laws."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.